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Legal query - ACT law

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hetzjagd

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Jun 14, 2003
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Hi there,

I haven't visited this site in a few years and at a quick glance the legal section has been closed since 2011. I was wondering if anyone could give my any general advice or point me in the right direction please. Someone I know was approached in their car by a police officer, while maintaining politeness quickly things came to be that he wanted to search this car. When denied the request he executed an executive search warrant and found items of interest, possibly marijuana, non-scheduled antidepressants (unidentified at the time, they may have thought they were recreational meds) and an old mdma/methlyone pill. SWIM was not charged or arrested. This occurred in late February this year. Police said it would take about 2-3 months before the test results came back. I called them after 3 and they said I would be charged and I would expect to hear from them in 2-3 weeks. It is now past that date and I haven't heard anything from them despite confirming my mobile and address are up to date with them. How long should I expect to wait before I will know if I will be charged or going to going to court? What should I do to try find out without drawing unnecessary attention to the matter?
 
Afaik regarding cannabis in the ACT -

ACT (Australian Capital Territory) – I find it incredibly ironic that the state which contains our Parliament House has had the most relaxed form of our cannabis laws for the past 18 years. The lowdown is possession of up to two non-hydroponic cannabis plants, or up to 25 grams of marijuana (cannabis plant material) receives a $100 fine with 60 days to pay instead of a criminal charge. Instead of paying the fine, the person may choose to attend a drug assessment and treatment program.
Click to expand...

So that part shouldn't be any issue, I mean yeah maybe a fine. The 1 pill doesn't sound like it's worth sending someone to court over. So maybe they aren't going to bother.

Have a lawyer ready, if the cops get in contact and tell you you have to goto court over it, get straight onto your lawyer, explain it like you have here and hope for the best. 1 pill. lol. There was a case (i could find it again if i had to, but it's from a different state, nsw) in the last 6 months where a judge threw out a case of a young man who was busted at a NSW music festival with 5 pills, the judge told the cops it was a waste of time and money and recorded no conviction.

I'm pretty sure legal advice questions are not allowed here and we aren't supposed to use SWIM either.

Good luck.
 
^^ Was gonna pull him up on the SWIMming, until he completely dropped the self-incrimination-avoidance through the rest of his post lol.

I honestly wouldn't stress too much mate. Here in the ACT we are fairly lucky with things like the above decriminalisation of cannabis.
 
hetzjagd said:
Hi there,

I haven't visited this site in a few years and at a quick glance the legal section has been closed since 2011. I was wondering if anyone could give my any general advice or point me in the right direction please. Someone I know was approached in their car by a police officer, while maintaining politeness quickly things came to be that he wanted to search this car. When denied the request he executed an executive search warrant and found items of interest, possibly marijuana, non-scheduled antidepressants (unidentified at the time, they may have thought they were recreational meds) and an old mdma/methlyone pill. SWIM was not charged or arrested. This occurred in late February this year. Police said it would take about 2-3 months before the test results came back. I called them after 3 and they said I would be charged and I would expect to hear from them in 2-3 weeks. It is now past that date and I haven't heard anything from them despite confirming my mobile and address are up to date with them. How long should I expect to wait before I will know if I will be charged or going to going to court? What should I do to try find out without drawing unnecessary attention to the matter?
Click to expand...

I've seen the police wait nearly two years before laying charges
 
I think it's a little bullshit the way they have a ridiculous timeframe in which they can wait before acting upon something like this. Wouldn't at all be surprised if the cunts are abusing the power by waiting long enough to charge someone for an offence that the offender in question can't even recall the event properly to defend themselves.

You either broke the law or you didn't; it shouldn't take them more than a few hours MAXIMUM to come to a conclusion about whether they're gonna charge you with something. Not a week. Not a month. Not a whole fucking year lol....

Alas, we digress :(
 
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