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possession

M

mattydogs

Greenlighter
Joined
May 18, 2010
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7
I don't know where this goes, so my apologies if i have put this in the wrong place.

OK, on saturday night I was out in the city and I was done for possessing a prohibited drug (amphetamine). It was my birthday weekend and was out with a group of 15-20 mates, and I seen the dogs about 50m down at the station so I crossed the road as sneakily as possible without making it look obvious, but then all my mates started yelling out my name etc. and asking where I was going, then 2 plain clothed officers grabbed me and asked me what drugs I was possessing. I was honest about the whole thing and told them what I had on me straight up and I told them where they could find it. They searced me twice and charged me and now I have to attend court.

My question is, what can I expect to get in court. FTR I was only holding a 50 worth of speed, so it was a very small amount. I told them it was for personal use only, even though I was planning on sharing it with some mates (I didn't want to get done for supply by saying anything stupid etc.) I am going to see a lawyer on Thursday and get some advice on the whole matter, but I was wondering if anyone has been done for anything similar themselves?

Also, the police officers have written the wrong date on the court attendance notice for the offence...I dont want to get into specific details but I have to attend court early next month in the morning, however it says that I was caught in possession of amphetamine at xx.xx pm THAT night. So basically its an offence that hasn't been committed yet. I dunno if that could be a loophole, considering I signed and dated the police book with the actual details of the whole incident, but the receipt I recieved doesn't have the correct date of the offence...

Another thing is, I'm planning on travelling overseas late next month, and i'm yet to get my passport. I'm going down this week to do an interview for it to confirm my identity etc. Will they ask me any questions about this? And is it going to affect my ability to get a passport.

I haven't told my parents yet, and I'm shitting myself at the prospect of doing that. I really dunno how to go about it.

:(

really hasn't been a great year for me at all so far and now I have this to worry about for the next god knows how long...at least my mates have been very supportive and one has even offered to pay half of the fine if i get a fine for it. I really hope i'm still allowed to go to bali and hopefully then I can forget the whole thing and move on with my life.
 
Bad luck that happened to you mate. Some of the guys here will be able to offer some advice but we'll need to know what your state your in.
 
I haven't had much experience in this issue, but you may struggle to go overseas if a conviction is recorded. I don't want to hypothesise about whether a conviction would be recorded or not, in case I'm wrong, but if you were in possession of a small amount, a conviction may not be recorded.

My best advice is to discuss this with your lawyer.
 
^ Drug offences (if convicted) in particular will screw up any future travel plans..and could narrow job prospects too. The company I work for asks a pre-employment question relating to any criminal records. If you go on holidays before a conviction...you may be ok?

My completely unqualified opinion is that punishment won't be too bad if you can argue it was soley for personal use. Hopefully you get a warning for a first offence / small amount / personal use.

Do a little googling - check out all the law firms and legal advice sites that offer advice and likely outcomes. Get decent legal advice from a lawyer specialising in such areas.

As for your parents, either be honest (it was your birthday and yes you know it was stupid, but you decided to try a 'party' drug), or tell them a lie (it wasn't mind, I was holding it for a mate I swear), but either way, you should probably tell them sooner rather than later. You'll feel better once it is in the open. If it were me, I'd try and be as honest as possible..especially if its going to come out in court.
 
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my court date is before the holidays. I asked the police officers and they said I should be fine to go to Bali but i'm not sure if I wanna go off believe in them. It was in NSW and tbh i had only ever tried speed once before...I have tried ecstasy quite a few times, but i'm still struggling to believe that I actually got caught with speed on me when I have only had it on my person this one time and tried it one other time...
 
Might wanna change the bit in your first post that you were planning to share it with your friends
 
My mate got done in identical circumstances for an identical ammount. He has been locked away now for almost 2 years. They only feed him once in a blue moon. Each night he has to give head to the screws and has to service two other prisoners.

OK Im kidding, lol.

Bro its smart to just co operate as this shit doesnt go down well when you cause hassles. Talking to a lawyer is important but if you can afford it then talk to a barrister because they will have a better chance of saving your ass.

I suggest getting yourself in a drug rehab course or some such shit so that you can show the courts how much of a changed man you is and how much you have seen the light.........hell become a cristan if you have to.

There is a report in here somewhere about some dude in Aus who had to write a essay about how bad ecstasy was for ya and thats all but i dunno what he was busted with.

If you can show genuine remorse and how much you realise you was headin down the wrong track and how now your all fixed up thanks to the course and your new found love of judism..............ooops, sorry judge, I meant to say cristanism, and how you have a good steady job and you have learned your lesson and are now gunna be a reall good boy. Maybe offer to suck the judges dick and you will be good to go with I reckon maybe a few weekends community service.

OK so I have embellished the post a bit for the sake of fun but you can work out the serious bits cos your a smart lad.............oh yeah well not that smart cos you crossed the street........lol.

Chin up lad, we all make mistakes and become better people for them. You will be the same.


Fess up to your olds sooner rather than later for a number of reasons..........

It will stop you from going through the pain of not having tyold them.
They may well know people who can help you.
Believe it or not............your parents, but for the grace of god, may well have been in your position once upon a time. Yeah they prolly used something.
Honesty is always the best policy and you seem like a good kid.


Best of luck man.
 
Not sure how it is in NSW but in some other states if you have a good reason for needing to travel overseas in the future such as family or career then the judge can decide to not record a conviction or something like that.

Happened to a friend of mine anyway, he was charged with assaulting a police office and resisting arrest and was able to have no conviction recorded as he has family overseas.
 
I'm going to ask for advice on what is best to say but it was my birthday weekend and I am planning on using that as a reason why I may have been in possession. I will say I stuffed up, made a stupid mistake and I will not touch it again. That is what i'm planning to do but I know i'll have to make them believe me. Most of the people I am considering for character references will be blown away when I even tell them why I have to attend court. I have graduated uni, still haven't found full time work but have been in a very strong job for 5.5 years and earned 2 promotions. I was a silent achiever 5 years in a row at school and I got an award for my committment. Hopefully some of this counts to my credit...yeah I realise crossing the road probably wasn't the smartest idea haha...but I still blame my friends for yelling out my name several times when there was nobody else around me!! It was the 2nd time that night I encountered sniffer dogs (both in different spots). The first time I simply seen them when I had to make a decision about turning left or right coming out of the station, so I turned left instead of going right and walking straight past them. I got away with it the first time but I was shitting myself so much...actually told my mate I didnt wanna hold onto this stuff because of my passport application and he agreed he would hold it but we couldnt really find a suitable place for me to give it to him before we left and moved onto the next place...between which was the 2nd time we seen the dogs..The 2nd time it was a bit less obvious with what I should do and the drugs were sitting in my wallet which was in my right pocket. The dog woulda sniffed em out like anything...yeah i panicked and stuffed up :(
 
yeah thats pretty much why I avoided saying it to the police when they asked me what my intentions were with it. I was smart there, lol. I just said I was intending to consume it myself...and frankly it was the smallest amount even smaller than a 5c coin. At first the police couldnt even see any in the bag, till they had a closer look at it.
 
Did you 'fess up anything to the police at the time? As you know, giving them excuses like you were going to share it with mates isn't always a good thing to say because it is in your 'posession' and you are therefore 'supplying' it to others. The cop would have to be having a bad day, or be a total arse hole, to record anything like that for evidence in court though.

You are young and of 'good character' with both a secure job and higher education. That, plus a small amount and first offence, that you accept as a stupid action and deeply regret, will help you heaps.

I've had a mate (in NSW) who was done for posessing 2 pills on two separate occassions (once with a dude supplying an undercover cop) - he got a record, but only received fines and community service (on the second offence). He was then caught DUI with a high'ish range BAC and several drugs, and only received a fine and loss of license for 6 months.
 
I was smart on the spot and didn't give the police any ammo to use against me. I was slightly drunk at the time but I had a second or 2 to think before I responded to any of the questions and everything like that.
 
^ Ammounts mean nothing once you admit that it was for other people as well.

Traffickable ammounts are inplace to determine what someones most likely intentions are, which is handy during police raids ect. For example If someones house is raided and there is a ounce of speed in it, they cant prove from that that it isn't for personal use as its in your house, however (in vic) the ammount at which is agreed to be above personal use and will most likely be distributed to other people is 3grams. But if you are caught with under 3grams and admit that it is for someone else as well, even if no money is involved, they have the right to charge you with trafficking, even if its 0.1g. NEVER say anyone else is involved.
 
^We only need to use Matthew Stokes as an example. Caught with 1g of Cocaine. Said it was for a friend. BOOM, trafficking charge. That said it was later dropped, but be careful with what you admit. If in doubt, say nothing.
 
I am not convinced the search was legal.

And they absolutely should not have grabbed you.

It is probably too late now because you admitted possession. On what basis did they search you? Because you were walking in a different direction to your friends in a public place? It does not sound like your conduct could be construed as so obviously trying to escape from a dog.
 
yeah I wasn't too sure and just shitting myself hard so i complied with everything they asked. I was well down the road from the dog and I spotted it so I crossed the road but what got me in trouble was my friends all yelling at me and I said "meet me down at soho" then they grabbed my arms and took me against a building and asked me what i had (which I admitted to) then they did the search...
 
I guess this is a reminder to us all, no matter how nice the cop may act, never, ever, incriminate yourself. If they hace a right to search you they will..if not, then they will bait you for an admission of guilt.

Other than identifying yourself, exercise your right to silence; otherwise anything you may say in the heat of the moment can, and probably will, be used against you in court.
 
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