Anyone with canadian law experieince? I got busted and im scared!

[weedemon]

So I got busted for having less than 8 grams of pot on me and i lost 3 vapes too! (there is not mention of the vapes on the ticket.

I got cuffed, put in the car, and given a ticket. They let us go and we didn't have to go to the station. for anything.

it's: "Possession of a controlled substance contrary to the controlled dug and substance act Schedule II"
I didn't know what that means, so i googled it and it is specifically marijuana.
http://en.wikipedia.org/wiki/Controlled_Drugs_and_Substances_Act#Schedule_II

I have to go to court in 3 weeks. but I have no idea what to do. Do i need to go get a lawyer?

the cop told me that if i just show up someone will be assigned to me. but coming from a cop I am scared that if i go that route I am going to get thrown under the bus! the cop told me in all likely hood because this is my first ever offence that i will probably have to pay a fine and maybe do some community service work.

but what else could happen to me? Have any of my fellow Canadians been though this before? It was one of the most scary nights of my life. My stomach still hasn't settled back down from it. I am at risk of getting a criminal record because of this? That's my worst nightmare!


Google says the worst that can happen is this: (i) for a first offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months, or to both.

WTF potentially JAIL??? What do you guys think is normal for a first time offense? The cop said 200 bucks and community service. i pray it's that! lol

 

[Stu]

Sorry to hear about your plight, weedemon. I can't be of assistance, but I wish you the best.

 

[WatTyler]

Likewise I'm really sorry to hear that mate. Sorry I can't really offer you any specific advice. I'd say call a lawyer and ask them- not sure how the situation is over there, but over here I think they're kind of obliged or expected to answer your basic questions even over the phone.

But at least you weren't taken to the station and butt searched (do they do that there?), which is both fortunate for your dignity a pretty good sign that they don't want to throw the book at you.

And sorry about the vapes.

Best of luck.

 

[treecityrnd]

Soo sorry! But...
Get a lawyer. After a divorce and several court appearances, its best to have someone on your side in the room with you. Especially someone trained in specifically drug or controlled substance laws.

Hope you are able to relax and sleep a little.

 

[jdee]

no one cares about pot heads, especially not judges. you'll be fine.

 

[OhTheAgony]

Yay, that's kinda hard to imagine living where I live.

I would suggest getting some legal advise too.

Over here we have subsidized law offices where you can go to for free advice, & if your income is under a certain level they will help you for free all the way through court. Don't they have something like that in your country as well?

Good luck anyways, I hope this won't end to bad for ya!

 

[Vicki]

I'm not Canadian, but I'm really sorry you were busted.

 

[SF Giant]

here ya go

 

[weedemon]

nice try SF, but im asking for people who have been though this before. i have already hit up google. I was hoping for some personal insight.

 

[AgentofChaos]

Sorry to hear about that weedemon. My suggestion would be to contact the NORML Canadian office. Here in the states they offer guidance and contacts for lawyers that specialize in that area. Could be worth a shot:

NORML Canada
4135 boul. St-Laurent
Montreal, QC
H2W 1Y7
514 521 8764

 

[weedemon]

I called them. unfortunately they can't offer any legal advice. They just told me to make an apt with my Dr. to talk about becoming a medical user. (I believe that i could use it legitimately for stomach issues and sleep)

So I did that too. But I wont see my Dr till a month after the court case!

I have already been told by many people that my Dr. won't help me get medical. They (the ring of dr's who work together, including my dad) are all hardcore against it up here i'm still going to try non the less.

 

[sessnet]

keeping my fingers crossed for you

 

[pakalolo]

I haven't been busted and I'm certainly not a lawyer, but from what I know the cop has been straight with you. You will be assigned a court lawyer if you need one, and a first time simple possession charge isn't likely to be more than $200 fine. If you have no previous record and there are no other charges, you have a good chance of getting a conditional or even an absolute discharge.

I'm rather surprised you were charged at all. Did you sass the cop or something? I know of a lot of cases like yours (possession of small amounts & paraphernalia) where the only penalty was confiscation and a lecture. This is in the GTA, mind you.

 

[vapor 4 life]

Im not from Canada But in Oregon i had the same experience and it would have been overkill to have a lawyer. First offence $500 fine or 10 hrs community service no criminal record. I would for sure contact NORML They have great attorneys to talk to Good luck No none should have to deal with this over a little weed. When will government learn we are not the enemy.

 

[treecityrnd]

I'd say the biggest problem with helping you is that most of us don't live in your exact area. For instance, in my county it would be a slap on the wrist and maybe a $5 fine. Just 10 miles over in another county I'd get a huge fine, serve time and have a record. There just so much geographical variability is prosecution standards and acceptable use policy. I'm just glad I live where I do...for now. And that's the second problem, everything is changing at an exponential pace. Next November at least 4 more states in America could be medical, which is approaching the 50% mark (tipping point?). And who knows when some state/area is finally going to vote in full legalization (where you at Oaktown). I think it will happen in a major US city within 5 years. Then watch the domino's fall (and the feds and big pharm freak out!).

But for now, maybe fine out what others (locally) in your situation have done in the past? Have you been assigned a judge yet? That's another HUGE plus to having a lawyer. They can find out all that inside info and usually know the different judges at some level. My divorce lawyer and judge were friends from law school. I knew that case was in the bag before it started.

 

[biojuggernaut]

def contact a legal service asap. Find out what a criminal defense lawyer's opinion on all this would be. It might cost you 500 just for him to tell you you're guilty and there is nothing you can do; but still its raises your credibility in court to have your attorney there. Not that Public defenders aren't legit, but if you called your attorney right after it happened this would probably be a different story. The cop will make it seem like you were 'hiding' your vapes; just inform the judge the vapes are semi-medical for anxiety and nauseau, and very expensive which is why you were semi-hostile about protecting them. You learned from your mistakes you will never do it again nor were you whatsoever high and driving. Have fun doing community service; don't get booked again too soon!

 

[weedemon]

about getting a lawyer. This happened to me 2.5 hours away form where I live. I need to get a lawyer who is from down there too right? not up here?

I'm rather surprised you were charged at all. Did you sass the cop or something? I know of a lot of cases like yours (possession of small amounts & paraphernalia) where the only penalty was confiscation and a lecture. This is in the GTA, mind you.

GTA as in greater toronto area? same here!

i got smart and told him the ssv was an aromatherapy device (scared[legs were shaking] and really didn't want to see my ssv go too) FUCKING RETARDED, I KNOW! YOU DON'T HAVE TO TELL ME thx . he got so pissed off started swearing and cuffed me right then and there. it is an aromatherapy device isn't it? I know it's a vaporizer too. As far as he was concerned it was a bong. the cops made me drive not my buddy because he was too high to be driving. I looked normal to them. minus being nervous and scared or course

will I get a criminal record for this?? that's the thing i am worried about the most! that will mean no access to certain jobs anymore, I don't wanna not be able to leave the country should I choose to! WTF all this over marijuana? looks at me big time criminal over here.

 

[AGBeer]

The reasons you have stated already tend to make me think you NEED A LAWYER. It sucks, its sad, you are going to spend some $$$ (Its a part of the good ole boys network) But your best chances of anything are having legal representation on your side.

Lets think about this for a sec -

"I could possibly get a medical recommendation but the Drs. appt is a month after my court date" - This is where a lawyer would be most beneficial. TO GET YOUR CASE CONTINUED. This will help give you some time to get your affairs in order. Were any of your civil rights violated during the stop/detainment? Did you give the officer consent to search or was he a 'go-getter-bully'?

There are many variables and loopholes/technicalities that a lawyer would be able to help you with - AND SHOP AROUND FOR A LAWYER. Dont just take the first one you find. Like you said - THIS IS YOUR LIFE HERE you need to get every single advantage you possibly can from being sucked into their system.

Good luck to you buddy. I hope this all passes soon.

 

[treecityrnd]

Not the same situation, but...
My wife decided to represent herself at our divorce. Needless to say, my lawyer and I took her to town.

And defiantly take AGs advice. Shop around! Get the most for your money.

I feel for you man. Thinking good thoughts for ya!

 

[weedemon]

I called up a criminal defence lawyer, and he told me that he would probably be able to get it deferred down to community service, and i wouldn't even have to be there in court! (They don't take money usually anymore? That what he said.)

He also said that would mean no criminal record either. meeting up with him on Sat, will cost between 1700-2000+ taxes he said.

sounds fucking good to me! the criminal record is the single worst part of the whole thing and scares the fuck out of me.


how can you tell who is a good lawyer or not? it's a 50/50 to me as i don't know what to look for or what not.

 

[FLskwat]

Really sorry for the situation you're going through Weedemon!

I come from a country where situation is much worst then Canada...and I had my part of problems with the law (and yes I'm talking about the worst scenari you're talking about/have in mind...) a few years back!
Needless to say the last advices on this thread are NO BRAINERS: go shop for a lawyer, and a specialized one in your specific situation! You will be thankfull, though your perce will not (freedom has no price though!), I can guarantee!

 

[OhTheAgony]

Damn, that is a lot of money! I think I would go with the criminal record instead

Just ask him about his previous experience with similar cases when you speak to him next Saturday, that should give you some idea at least.

I wouldn't know where to start comparing lawyers as well. There must be a few who specialize in cases like this though. Google is still your friend I guess, or simply call every lawyer in the phonebook and ask them?

 

[pakalolo]

First of all, this is Canada and specifically the Greater Toronto Area. It's not the US and the crap that goes on down there is quite rare here.

Second, a lawyer in Ontario is obliged by the Law Society of Ontario to provide a 30 minute free consultation. It sounds like you already had yours.

Third, you need to find out for sure whether you really need a lawyer. Simple possession charges here usually result in a conditional or absolute discharge, so there is no record once it is discharged. You don't need a lawyer to plead guilty and get a discharge but there is no guarantee this will happen. Whether you want to take that risk is up to you. If you can't afford a lawyer then ask for legal aid. I would expect whatever lawyer you wind up with to cut a deal with the Crown so the Court's time isn't wasted. That's why you don't have to be there.

If you must defend yourself (or prefer to) then make sure you are prepared.

BTW sounds to me like things might have gone differently had you admitted the SSV was a device for using marijuana. Cops don't like it when they think you're bullshitting them. I guess you know that now though.

 

[sessnet]

I wouldn't recommend defending yourself at all...sorry pakalolo but that is very bad advice and makes me cringe.

Disrupting the peace/disorderly conduct is one thing - drugs are another.

Don't risk having anything on your record! A lawyer knows what you can "get away" with.

If you've ever been to court, you should know it is one of THE MOST STRESSFUL events you'll go through in your life, even if it's for disorderly conduct and you are innocent!

 

[BHOmb.]

To put your mind at ease a lil, I have a couple friends who got caught with pretty big grows in the past couple years, and not one of em spent a day in jail. One had over 1200 plants and he only got 2 years house arrest, no fines.

I'm kinda surprised they even popped ya for only 8gs! I had a lil run in with the man a few years back, and talked my way out of it for the most part. They ended up leaving my place with a couple oz bags not charging me at all! The cop, who was by far the most honest fair one I've ever encountered straight up told me he'd rather not spend hours doing paperwork and a day in court to see me get a lil slap on the wrist.