Got Charged With Possession of Drugs 1st Time, on CANADA?
Question by D: Got charged with possession of drugs 1st time, ON CANADA?
Cop booked me with 4-5 pills of ecstasy and and small bag 0.3-0.4g of crystal meth. They only provided me with a summons notice to appear in court with my charges. I was not arrested, im a uni student and this is my first ever charge.
Did some research online and i think the police have commited the following violations:
– Never told the right to remain silent (not sure if this applies for both charges and arrests)
-Never was told i could consult with lawyer or legal help at any time.
-I was also impaired while providing statement to police. (the cop first approached me saying i was messed up, hence the search)
Nevertheless they were pretty sympathetic and did not tell my dad to come pick up the car ( got stopped right when i turned on the car)
They kind of hinted at me i would probably be fine.
-lastly they tried to really scare me into providing additional info and bs`d alot to try to make me squirm out additional info.
Thank you for your time! any help would be greatly appreciated! and yes after this incident im not touching any more drugs!!
Best answer:
Answer by Jim B
Considering what MIGHT have happened to you, they cut you a number of breaks.
You could have been arrested, taken to the station, photographed , fingerprinted and held in the cells for a bail hearing in a court, a day or two later. The car COULD have been seized, based on the drugs that they found in it.
Now to the “errors ” that you think you can use to get off the charges.
Even a brand new copper, right out of Police College, KNOWS that they must read you the “standard caution for parties under arrest “. They carry a copy of it in their hats, or in the front page of their memo book. AND when they give you that caution they write that fact in their memo book, along with the specific TIME that they cautioned you
. You WERE arrested, on the spot, but you were “released on a promise to appear ” which was the notice that they gave you that night.
Because you were NOT being “taken into custody ” there was no need for them to “advise you about the duty council system “. You went home, right ? Not to jail ?
Your mental and physical condition is NOT a way to get out of the facts that will be given in evidence in your trial. As a matter of fact that will be a negative factor, that goes to your being “impaired by drugs OR alcohol, while being in control of a motor vehicle . I’d shut up about that, if I were you.
As for not “telling my Dad ” why would they ? You are an adult, aren’t you ? Stand on your own two feet.
As for scaring you……………………Dam right they did, as they should, it’s called making you “face the consequences of your actions ” right ? If you want to be treated AS an adult, try acting LIKE one .
Any smart copper, faced with a person who has drugs on them, will all ways TRY to find out WHO they get them from, to follow up on the investigational lead . In some cases, that little bit of information CAN lead to a major case being broken. Every drug user, and YOU are one, gets their stuff from some one ELSE.
Now for the summary. You will most likely be convicted, as the facts are quite clear that you had illegal drugs, for personal use, and you were sitting in the driver’s seat of a car. That makes for at least one Criminal Code of Canada offeence for possession of controlled substances ) and a Provincial Highway Traffic offence, ( care and control of a motor vehicle, while impaired by drugs OR alcohol ) .
Conviction of possession of drugs is a Federal offence, and you MAY see a federal prison, depending on how the Crown Attorney decides to prosecute the case. The HTA offence is a lesser charge, and it may result in a cash fine and points taken off your Provincial driving license.
You NEED a criminal lawyer, my friend.
And a further point……IF you end up with a criminal record, your University may decide that you are not going to be a student there, any longer. They can do that, did you know ?
A criminal record in Canada, follows you for LIFE, unless you live clean for a minimum of five years, after you have finished serving your sentence, AND any probation periods are over. Then you can apply for a Pardon, to have your criminal record cleaned up. It costs about $ 1500, and takes about 18 months to get one, after you apply for it.
I really hope that this will be YOUR last time in court
Jim B
Toronto.
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