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  • AADD Moderators: swilow | Vagabond696

Caught by the Fuzz - Advice

Ritalin Boy, that's fantastic about red cross, I had done some volunteer work at nursing homes and the magistrate loved that fact.

I guess it shows that we are not all consumed by the party / drug scene and actually contribute to society.

Good one ya mate & good luck, keep us posted on how ya go. Anything i can do to help, just ask... peace
 
Take it as it comes

Not sure about Vic law, but in NSW trafficable is 1.25grams for MDMA and 3 grams for MA. Pills at about 0.2 grams a pop puts you about 2.4grams.

The law with 'trafficable quantities' means if you have over the trafficable qty then you are 'deemed' to be in possession of that qty for supply. It is up to you to prove that it was for personal use, and I think you can do that with just 12 pills.. If you had 80 you'd be in trouble, but 12 it looks like you will just have to wear the possession charge. Speak to a solicitor and get their advice, but mine eould be to make a plea of guilty of for the possession and any supply related charges will be dropped by the police.
 
Advice

In answer to your legal questions:\

What is the court process going to be like? do i have any real input, a chance to speak (im not thinking so...)??

Firstly, this will depend on the extent to which you will be prosecuted. Eg: dealing etc. You might have to attend what is called a 'Committal hearing' where you will stand in front of a judge (kind of like a Judge Judy setting), and a time and date will be made for your trial.

Then, you will have your hearing heard in a ‘Magistrates Court’. This is where your lawyer will argue your case against the prosecution (who will most likely be a police officer). Do not and I repeat DO NOT SPEAK unless you are directly asked a question by the Magistrate (the Judge) or told by your lawyer to do so. When talking to the Magistrate refer to him or her as 'Your Honor' as well as remembering to use Sir or Ma'am. Don't be smart and remember to speak the truth. Do not look away if he/she is talking to you, this also applies when answering their questions. Direct your speech at them, as intended.

I plan on having my mum there. havent told her yet but i figure it will look good? .

It will be good to have your mother there for moral support. A friendly face in the court room will do you good and help to keep you calm, court rooms can be scary places.

Will looking sad and dressing like my mum dressed me and having my mum there make an effective impression on the judge?

Unfortunately, looking sad and depressed will not really make the Magistrate any more lenient on you, that being said don’t act like an idiot and laugh or anything either. Just stay focused, relaxed and act respectful. Be an active listener, this means listen to what is being said, nod with acknowledgement at certain times, and do not start to day dream. Sit up straight… and I cannot stress this enough - listen to what is being said incase the Magistrate asks you a question on the spot - yes, it can happen. As aforementioned earlier if you are asked a question look at the Magistrate when answering.

In regards to your dress code this is important, what ever you do, do not go dressed like a bum, or wear what you would do when you go out on the weekends. Be dressed formally (long pants, nice collared shirt if you have a tie wear one). If you have a suit you can wear one, but the Magistrate will know that you are only 18, and would not expect someone of that age to have a suit. Your clothes won't necessarily impress the judge as such but if you are looking quite presentable, it will help build your character.

I was curious, i was so chopped it HAD to be obvious to the arresting officers at the time, yet they asked me, and took my word for it, about my being straight and OK to answer questions on tape. Is this cause for having my statements recanted (im pretty certain it is), and is this worth doing anyway?

In this situation, yes your statements could most likely be recanted or even withheld from the court. Hypothetically, I assume your solicitor will only use this if your cases outcome is bad – and you decide to appeal. But depending on the direction your solicitor decides to take, he might choose to stress this issue. In this case, testimonials and witnesses can be used to prove this. Eg: if you were at a club, use bar workers to testify that they thought you were acting a little bit ‘smacked out’. Personally I wouldn’t bother, I would just accept that you’ve broken the law, been caught, now have some faith in the legal system that things will be fine - because after all, it would be your word against the police. The general rule of thumb is that if the Magistrate generally thinks you are sorry for your actions, their punishment will be a lot more lenient, this is because they do not kindly react to a person who is quite stubborn.

I’d also like to add: get yourself a good solicitor who specialises in criminal law; it will be worth the money.

Hypothetically, because you do not have a criminal record and this is your first offence, the Judge will most likely be a little lenient on you. However, because you are eighteen you will be tried as an adult, which means punishment could be a little more extreme. As long as your lawyer can argue that they were all for your personal use I believe you should be fine. As mum use to say ‘the truth is always the best policy’.

Sorry about the long response. Remember this information is just to be used as a guide, your solicitor will give you detailed instructions as your trail gets closer, however I hope this information has helped… good luck.
 
Oh I forgot to add, procedure could change depending upon what state your in...and the red cross documentation is a helper for character building.
 
You also might find it useful to attend "alcohol and other drug counselling". This doesn't have to be full on, and can even involve only one or two visits. Most magistrates love that kind of thing.

Contact ADIS (Alcohol and Drug Information Service) on 3236 2414 or Biala on 3238 4000.
 
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