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First Charge - Possession in Ontario. Help/Advice?


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#1
Esskay

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Alright -- I know this is a VERY common topic around here, and yes, I've used the search feature, but I think my case has some unique circumstances. I'll start with some background information...

I'm 18 years old, I have a squeaky clean record (other than this), I live in Ontario, Canada, I work full-time while I'm off for the summer and I go to a prestigious American college on an F-1 Student Visa. I'll be starting my second year in the fall.

Anyway, last Wednesday I picked a friend (A) up from work and we planned to smoke at my buddy M's place. We showed up a bit late and M wasn't around, so we decided to go grab some food and roll a blunt to kill some time. We pulled into one of our several session spots, parked the car, and twisted up a good sized blunt.

I sparked it, took two solid pulls and passed it over to A. Just then we saw a few bicyclists pulling up in the distance. We both took a look and realized that they were cops, but by the time I reacted and tried to start the car and book, they had us covered and knew what was up.

We were caught. They searched my car, and found 3 beers in my backpack, as well as A's jar with about a half-ounce of some Northern Lights and a scale. He admitted it was all his, but they weren't having it. They could've hit me with a drinking ticket, but decided to be cool about that one. Instead, we each received a court date in late August for a possession charge.

Now, that's not too big of a deal, right? Just show up, probably get off with some community service seeing as we're both first-time offenders. Nah. If I show up at court and end up convicted, I can't go back to the US. I'm fucked. I have an apartment that I have a lease on for another year (~$900/mo), and I just paid my tuition for next semester - $16,000USD.

It's also fucked because my court date is less than a week before I planned to move back into my apartment for the year. If they drop the charges in exchange for community service, I won't have time to complete it without interfering with classes.

I have no legal knowledge and I've been shitting my pants over this for the last 4 days. Is there ANYTHING I can do? If I can't go back to school my life is going to go to shit. I got VERY lucky and was accepted into a program for the only thing I'm good at, and there is nothing around here that would cut it for me -- I'd basically just be hitting the work force for the remainder of my life.

The cops acted like they were putting a drug fiend out of his misery and cleansing the streets of my suburban town, but all they're doing is fucking everything I've worked for.

I haven't talked to legal aid yet, but I've heard I can go to the crown and possibly have the charge diverted. Is this true? Do I stand a chance? What are the consequences?

Really, I'd be hugely grateful for any advice my fellow blades could provide. Thanks in advance.

Edited by Esskay, 27 July 2009 - 04:21 AM.


#2
Talon

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i thought it was decriminalized. here we have the 1st offenders statute where they just drop the 1st time you get caught with something.

#3
frankthetank192

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were you busted in the U.S.? and if your buddy claimed all of it, then why were you charged with possesion?

#4
Esskay

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were you busted in the U.S.? and if your buddy claimed all of it, then why were you charged with possesion?


No. I was busted here in Canada.

According to the police, indulging in the smoke and knowing that he had it on him in my car is enough for me to be charged as well.

#5
ncnavguy

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I know in the US you can ask for a contiunance of your case and could probably get by with doing that till next summer. But for reals though go get you friendly neighborhood lawyer. Like you said with 16k of tuition and a aparment lease on the line is 500$ retainer too much to get your freedom. If your friend states that it was all his and the cops ignored the statement and coerced you into stating that it was your a decent lawyer could probably get the whole thing thrown out.

#6
Esskay

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I know in the US you can ask for a contiunance of your case and could probably get by with doing that till next summer. But for reals though go get you friendly neighborhood lawyer. Like you said with 16k of tuition and a aparment lease on the line is 500$ retainer too much to get your freedom. If your friend states that it was all his and the cops ignored the statement and coerced you into stating that it was your a decent lawyer could probably get the whole thing thrown out.


They didn't ignore the statement, they just said it doesn't matter.

#7
frankthetank192

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^^^ yea i agree with him. smoking it isnt possesion. if he says its his, then in legal eyes its his. and why is getting caught keeping you out of the U.S.? i just got busted last week, and i wasnt told im not allowed to go to canada.

#8
ncnavguy

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Still get a lawyer you can't believe what the police tell you. It is in thier best interest to fuck you.

#9
Esskay

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^^^ yea i agree with him. smoking it isnt possesion. if he says its his, then in legal eyes its his. and why is getting caught keeping you out of the U.S.? i just got busted last week, and i wasnt told im not allowed to go to canada.


Old criminal charges prevent people from travelling to the US as the Department of Homeland Security (DHS) will not tolerate Canadians entering their country with drug convictions, no matter how small and insignificant.


I can't afford a lawyer so I'm going to hopefully speak with legal aid on Tuesday.

Edited by Esskay, 27 July 2009 - 05:02 AM.


#10
The_Grim_Ripper

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I have no advice to offer seeing as I've never been put in a predicament like that.
Just wanted to say good luck man! I hope it all ends well for you.

#11
frankthetank192

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im sorry this is happening to ya bro. did the cops say it doesnt matter? or the judge? it doesnt matter what the cops say, its the judge who has the final word. the cops that busted me and my buddies told us we were gonna be charged with anything that was stolen during that day, but even if they do it wont hold up. alot of cops it seems just try to scare you.

#12
Esskay

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im sorry this is happening to ya bro. did the cops say it doesnt matter? or the judge? it doesnt matter what the cops say, its the judge who has the final word. the cops that busted me and my buddies told us we were gonna be charged with anything that was stolen during that day, but even if they do it wont hold up. alot of cops it seems just try to scare you.


My court date is in late August. I'm trying to get this taken care of without even going to court though. I've heard I can talk to the crown and have it pardoned in exchange for a donation of an amount of their choice to a charity of my choice. I'm not sure about this though.

#13
frankthetank192

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oh really? then i dont think you need to worry that much. if it was just the cops saying that ur still gonna be convicted of possession then fuck them. my best guess is that it wont hold up if you have to go to court. id try that donation way out, but if they ask too much dont worry about it, i bet ull be fine. they didnt ticket you for the booze, and ur buddys claimin the bhudda. i think its safe to say ur golden:D

#14
StickyIckyRicky

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You got caught by bicycle cops?

#15
Talon

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not regular bicycle cops, bicycle cops on METH! motherfuckers were pedaling so hard they caught them and pitted the car into a wall.

#16
d.conn

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this happened to my brother about two years ago..he was in his girl friends car he had the blunt in his hand when the cops came up and the weed was in the console and they charged both of them with possession. since it was a first offence the got 100 and something hours of community service,they had to go to a drug program and get tested every week and a fine of 500 each i think..this was in new york so i dont if the laws are any different where you got busted

and i think its possession if its in your car..like even if the other person says its theres..anyway i hope everything works out for you

#17
Esskay

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You got caught by bicycle cops?


I was parked and smoking. By the time I realized what was going on there were 4 of them blocking my car in. I started it and attempted to start driving but it wasn't going to happen.

#18
HardToker(:

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Im sorry to hear about that man that sucks! You should be okay though Well over here in the UK if you say to the judge that you have a lot on the line like your education AND its your first offence i think he will let you off lightly, Good luck mate i hope it all goes well!


not regular bicycle cops, bicycle cops on METH! motherfuckers were pedaling so hard they caught them and pitted the car into a wall.


PMSL!!!!!!!!!!!!:laughing::laughing::laughing::laughing:

#19
trenchwacker

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just do a shaggie ( IT WAS'NT ME ) All the best and let us know how you get on .

#20
Esskay

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Just gonna bump this one last time to see if anyone else has anything to add.




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