cannabisnews.com: Pot-Case Fines Put Gun Owners at Risk





Pot-Case Fines Put Gun Owners at Risk
Posted by FoM on February 25, 2000 at 09:14:07 PT
Marijuana fee cut may spur felony charges
Source: Cincinnati Post
Hamilton County judges who lowered fines for minor marijuana possession are unwittingly subjecting people who pay the fine to a felony offense if they own a gun, says a lawyer. Under Ohio law, people convicted of misdemeanor marijuana possession have a legal disability that makes it a felony for them to ever have a firearm, points out Cincinnati attorney Paul Croushore.
The Hamilton County prosecutor's office, which has gotten convictions under the law, confirmed the existence of the little-known statute. ''Very few people seem to be aware of this legal oddity, and that places many, many people at risk of committing a felony without even knowing they are doing so,'' Croushore said. ''Most judges don't even know the law exists.'' Indeed, Hamilton County Common Pleas Drug Court Judge Deidra Hair and Hamilton County Municipal Court Presiding Judge David Stockdale said it was news to them. ''I don't know about any such law,'' said Judge Hair. ''I am certainly not aware of any law like that,'' said Stockdale. Stockdale and fellow municipal court judges recently decided to reduce the fine for misdemeanor marijuana-possession guilty pleas to $100, effective March 1. Court clerks requested the change to help unclog a backed-up judicial system. Clerks said the lower fine would encourage defendants to pay a fine and plead guilty instead of requesting an extension or contesting the charge in court. But the move could backfire if defendants realize that paying the fine makes gun possession, now or later, a felony. ''It's certainly going to put a scare in a lot of people,'' Stockdale said. ''If people become aware that a felony is a possible result, I think they would fight it. ''That's going to have a lot more people hiring an attorney to fight a minor misdemeanor. It could clog the system even more.'' Croushore agreed. ''Any lawyer who handles such a case should recommend that their client plead not guilty,'' he said. ''Because of the felony possibility, these cases should be litigated. ''In the interest of the court system working, I think the law should be changed. If everyone charged with misdemeanor marijuana possession takes the case to trial, as they should, the system collapses.'' Croushore said it's ironic that court officials were encouraging people to pay a $100 fine without realizing it could lead to a felony punishable by up to a year in prison or five years of community control. ''It's a real shame,'' he said. ''Everybody is saying, 'Pay the fine,' without knowing the possible results.. . . ''It's really an accidental felony and it's a problem.'' Published: February 25, 2000Copyright 1999 The Cincinnati Post E.W. Scripps newspaperRelated Article:Court Slashes Fines for Smoking Pothttp://www.cannabisnews.com/news/thread4635.shtmlCannabisNews Search Of Articles From Ohio:http://www.alltheweb.com/cgi-bin/asearch?type=all&query=cannabisnews+Ohio
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Comment #1 posted by Symmetric on February 25, 2000 at 20:35:29 PT:
idea..
''In the interest of the court system working, I think the law should be changed. If everyone charged with misdemeanor marijuana possession takes the case to trial, as they should, the system collapses.'' ^- sounds like a good reason for everyone to plead not guilty if you are charged with something.
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