Legal Question in Criminal Law in Ohio
My son is 17 years old and was on his lunch break and walked with 3 other boys to the store, as they was walking across the store parking lot one of the ladies (co-worker) pulled up and had them get in the vehicle saying they were going to jail because someone they work with had said they were going to smoke pot. my son and 2 others did not have any pot or paraphernalia on them. can they really charge him with possession of marijuana? they questioned him without me or a lawyer present, is that legal?
1 Answer from Attorneys
If the prosecution can not prove each element of the crime, beyond a reasonable doubt, your son can not be convicted. There is no crime for "attempting to smoke pot". Also, if no mj or paraphernalia was found there can be no prosecution for possession. Will they charge him? Doesn't seem likely unless you are leaving out some important fact. As for questioning a minor without a parent, this is a violation of juvenile criminal law.
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