• Dkarma@lemmy.world
    link
    fedilink
    arrow-up
    3
    arrow-down
    1
    ·
    4 months ago

    Sounds like if they don’t know what .doing they don’t have probable cause to accuse me. If they see me smoking it’s not on me to prove i wasn’t smoking something illicit…burden of proof never switches to the defendant that’s not how any of this works.

    This will get overturned on appeal.

    • Xhieron@lemmy.world
      link
      fedilink
      arrow-up
      5
      ·
      4 months ago

      Nope. Affirmative defense burden of proof is on the accused. See, for example, ORC Section 2901.05.

      Ohio’s not my jurisdiction, but that’s exactly how this works.

      Source: Lawyer here.