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  • AADD Moderators: swilow | Vagabond696

Questions re. possession charge

bb3l05

Bluelighter
Joined
Jul 19, 2005
Messages
4
Okay, just wanted to have a few questions answered. I've done a lot of searches etc., but I'd like a few specific answers, thanks guys.

To give a bit of background, I was caught with 0.7g of methamphetamine on Friday. It was inside one sachet, which was then inside another sachet, and I believe that the majority of the weight was the packaging - very little was the drug itself. The officer was quite nice about it, he said I wasn't under arrest and not even formally being charged, but I was receiving a court order - possession of prohibited drug.

When it came questioning time, to put it plainly, this being my first offence, I was quite shaky and scared of being in trouble, and lied to the officer, saying that I was holding it for one person, and was to give it to another for the first person a day or two later. Yes, I realize this was stupid (and then I realize it 1000x over again), and it was even going through my mind at the time "Don't say anything, name and address only!" - but it's so much easier said than done, especially when you have two cop cars with lights on, and four policemen standing around you with flashlights. I'm not looking for lecturing on how stupid this was, so please don't. My question is, are they likely to try to do me for supply? The court order states possession. Also, I was able to give them very little detail regarding the 'people' I got the drug off/was going to give it to. I've been told by quite a few people that the best choice would be to admit to the magistrate that I lied to the officer, saying that I was extremely scared, worried and generally in a bad frame of mind at the time.

In regards to going to court itself, I'm working on getting a bunch of character references from respectable people within the community, studying the basis of what I'm going to tell the magistrate (first offence, how sorry I am, how much of a mistake it was to commit the offence, youthful naivety etc., you get the gist of it). Anything else I should do? I've read a lot about how doing some drug counselling works wonders, however I don't know if I'm up for doing a 40 hour course or whatever. Is it possible to do a few sessions anywhere in Sydney and have it be worthwhile to give to the magistrate?

Also, what are my chances of getting off without a criminal record? I really don't want that being on my name, as I'm planning on travelling overseas quite a lot down the track. :(

Thanks in advance for the help guys.
 
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Theres been a few similar questions asked lately that may be of some benifit to you but its hard to know specifically. First things, get a good lawyer or at least legal advice. The money will be worth it if it prevents you getting a nasty charge on your name.

Related reading:

Legal Advice please


Caught by Undercovers

Did I mention get a lawyer?
 
They WONT try bust you for supply. Possession charges seem to be a dime a dozen.

From my experiences, you are extremely unliklely to get a conviction from this (its your first offence and you have character references ). Therefore hiring an expensive lawyer will prolly just end up costing you lots of $$.

I used duty lawyer (Legal Aid - free lawyer) and she was very impressive!

btw you don't say anything to the magistrate, so writing out a speech how your sorry...etc is a waste of time.

Hope this helps :)

PM me if you have any questions/concerns.
 
Four of us in a car, sitting in a carpark, smoking weed. Cop car came up to us with lights flashing (which is suspicious, we think they may have been tipped off by houses nearby, but meh, doesn't make a difference). Searched the car, searched the people inside the car; I was dumb enough to have the meth on me, instead of leaving it at home. The cops for some reason felt it necessary to radio in another car ;o
 
700mg?? ........ get a lawyer. Probably won't get a conviction but legal counsel means sooo much. Make sure you express your regret in court and show that you won't carry on what you're doing. Also if you want to show that you're sorry for it, book into drug counselling... you might not need it but the courts will definitely see that you're trying to mend your ways and therefore you should be all good. Had a friend who did this and was caught with an 8 ball of meth and he's all good, but he truely showed that this was the end of his troubles.

peace.
 
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Main question that jumps out at me from this is how old are you? If you are not a legal adult yet you have nothing to worry about.

In relation to what you have said, you have quite possibly provided them with sufficient evidence to charge you for possession with intent to supply, HOWEVER, if for the same offence you are already being charged with possession you will NOT be charged for possession with intent to supply as this is a form of double jeopardy and considered legally repugnant.

No doubt whatsoever get A *underline* lawyer but there is absolutely nothing wrong with legal aid lawyers and often they are some of the most experienced with routine possession cases of this type.

They will be able to accurately inform you as to what type of punishment you may face. Any suggestions from people without extremely up to date legal knowledge of the present sentencing practices in your jusrisdiction (which on first read I dont believe you gave - in future say what state you are based in) are irrelevant.

Hope some of this helps mate.

GL, make sure you learn your lesson from this...don't smoke pot in public while carrying harder drugs.
 
Yeah I don't think you'll get done for supply, they were probably listening to your story about holding thinking to themselves "yeah, righto pal, whatever" I've been done for possesion with intent to sell/supply but I was caught with a whole load of pills.

All's you prob get is a fine and spent conviction or something like that, you'll probably have to go to some BS counselling and education course aswell, but nothing to serious.
 
Cyberdyne - I'm 18, unfortunately.

Anyway, spoke to legal aid today. Regarding the charge, as you said, they can't charge differently for the same offence - the court order says possession, that's all they can charge me for.

The lawyer kindly informed me that it is possible to get a jail sentence; though of course it's highly, highly unlikely. Still not something I'd like to think about, however :p
 
Have you got the advantage of prior good character?? Like have you ever been done before??
 
Nah, first offence, and I'm going to get as many character references as possible.
 
Dude you will not go to jail. I got busted with 40 bics that an aquaintance had asked me to drop over, I believe it was a setup (he never rang after he asked for and you know how you always ring you dealer like 50 times as soon as he is late) and I'm 'known' to police not a previous record, but I've had my run ins with them. And I got an 18month suspended sentence.

I was looking a jail time but got the suspended sentence due to prior good character (ie no convictions).
 
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