tonight on the way to a party we were signalled down by cops infront of the party house. they searched the car and found on me a oz of dope and a oz of mushrooms fully for use by me and my friends back at school with no intent to traffic… i had a scale on me but it was dead i used it to make sure i got a fair chop it wasnt even mine
i am being charged with possession with intent to traffic schedule 2 and 3 drugs…
I need to get a lawyer for the best results i know but fuck has anyone dealt with this before on here?
im 20 with a clean record, attend school at queens and was just holdin becuase i just got it, kind of bad luck…
i talked to duty council and they said because first offence most likely house arrest, probation or community service hours which is okk but i still need cash for a lawyer
Im tryin to figure the cash out now so i might be puttin up my car for sale which sucks balls because that shits pretty much all i got
ill keep u posted but as of right now, just fuck man im pissed
A friend of mine got caught two years ago with a decent amount of acid and exstacy I believe it was. I’ve never done drugs, so I don’t know the amounts, but it was a good bit.
You said you’re in school and 20 years old. He played the “It was a stupid mistake, I wanted to have a good time at the party and made a dumb decision, etc.” and “I’m a good kid, no record, I’m in school trying to make something good of myself” cards.
Because he was a young guy in school with no record, and he showed remorse, they gave him I believe a year of probation, or house arrest, I can’t remember which one. That’s one way to go about it.
so what were the officers “reasonable probable grounds” for searching?
or did you consent to the search?
either way never agree to a search, and keep illegals on your person so if they search the car and find NOTHING they cannot search your person until you are arrested
or find a pimping hiding spot inside your car, I have.
They would most likely search him anyway. The key to this case is what the dude mentioned. The scale got you the charge, not the amounts, as far as mj is concerned since one oz is 28g’s and it is 30+ for a trafficking charge.
If you consented you can’t make it a charter rights violation case which judges take very seriously. I hope for your sake you didn’t consent. A Charter violation=win.
Yes. They search lots of young guys illegally and get away with it because not enough young guys know their rights and how to handle the situation, nor do they usually have the $$$ to fight the case. Unless he had something in plain sight I can’t see how the officer had any grounds to search him unless he bent over to the man.
Quarter roll and nothing more. Also an enclosed envelope addressed to a lawyer that is supposed to be strictly confidential may work too. They can’t just open that without opening a can of worms.
Also recording is illegal unless the other party is aware of it I believe. A little disclaimer like, “officer I am just letting you know that everything you and I say is being recorded. I am making this recording to ensure that my Charter rights as a citizen are being protected .” That then should make the recording admissable in court, and make the cop follow everything by the book. He can’t pull the usual bullshit he was equipped to pull straight out of the cop shop.
i did not consent i was pull ed out of the car after my buddies got searched in the back then 2 cops just came and pulled my and the driver out and searched us i did not say i consented, im hopin thats the route the lawyer goes
durham regional police, 2 cops at first then once they went through my shit the court was packed full of 7 or 8 cop cars, it was crazy gettin shuffled around cop cars n shit
well gotta lawyer, not gunna have to sell the car which is fuckin bomb but gunna have to put some the 5 lug swap and ballin new fitment on hold, shittahhh
lawyer seems to think itll be probation and some community service which isnt too bad
^huh, audio no problem as the officer needs to speak to you, and video a simple small sticker somewhere visible will suffice…
l
no need to tell them they are being recorded, however I would make a point of mentioning it as the last thing I say
Legal Aid?
Anyway, they did not have the right to search you prior to putting you under arrest. If your lawyer does not want to go that direction for an absolute pardon, I would suggest getting a second opinion. Its like some of these lawyers dont give a shit about what happens to you. They get paid either way. Chek another lawyer with legal aid. Or a family lawyer who cares about what happens to you.
talked to my lawyer today over email because i cant have a phone, but he had to say this…
“The bulk of my narcotics-related work in Durham revolves around s.8 of the Charter (unreasonable search and seizure); the DRPS has very poor manners when it comes to search and seizure law.”
so thre is a possibility, turned my week around! stil early stages but its good news to me