First possession charge and I don't think this is right! help! Canada

yamban said:

When I asked the police officer why I'm being charged with possession if I had nothing on me, he said that the knowledge of the illegal activity and drugs on the table were enough for me to be charged. Sounds like BS to me. Ill definitely keep this thread posted on what happens regarding this case.

I do have something I need cleared up though. The Disclosure. It contains what I'm being charged with and what evidence they have against me correct? When is the soonest date I can pick it up? I was under the impression that I could only get it an hour before my court date, and then seek advise from duty council. Could I not pick it up sooner? Id rather have it now that way I can show my case to lawyers.

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Disclosure is provided by the crown.It contains all evidence and statements made against you.Its likely your first court case will be adjourned to a later date to give your lawyer time to review the charges against you.

As long as they have no footage of you selling out the house, or you riding with him dealing weed, and nothing was found on you I doubt you will be convicted, or if the charges will even stand.

As far as I know, in Canada, there is no law that states you have to report a crime in progress.....IE...your buddy has weed on his table. Or even if you witness a robbery. Again as far as I know.

It sounds like you're in Canada, with the Duty Counsel references.

Good luck either way. Been in a similar situation.

So I talked with some lawyers through my work which was awesome. I was told to hold off on getting a lawyer right now, go to the court date on the 28th to get the disclosure and see what case they have against me. Hopefully there's nothing so I can just go in and fight this myself, rather then spend X amount on a lawyer.


I have 22 days until the court date... should I stop smoking? Is there a chance that they`re going to request a drug test or something? And since I was caught up in all this could they search my house randomly? I don't have anything crazy here but it would look bad to find a couple pipes and whatnot. Maybe I'm just paranoid

Wait a minute, let me get this straight, your friend who sells mad weed, is also on community service, for what?, probation, did he get caught selling before ( no offense to you or him but come on man, not a smart move)? I mean, friend or not, you should've know this guy was hot, the cops were probably surveilling his house for a minute and watched you go in and out all the time, your young, just count it as a lesson learned, dont loiter where drugs are sold. That is or what they will charge you with, they always give you a higher charge and make you plea bargain down to a lesser charge, the previously mentioned loitering charge. The lawyers cost bread, if you dont have it you can always go to the prosecuting attorney and ask for a 74-11, they usually offer one on the first offense anyways.

I didn't know he was on probation... and I deffinately did not know of the lbs of weed he had in his house. It is a lesson learned... If I get a charge on my record that effects my future, then I'll have to ditch my life plan and think of something that won't be followed by this.

Still curious if I should stop smoking though? Or is that not even an issue when it comes to court dates and stuff like this.

Hey, what ended up happening?

yamban said:

Still curious if I should stop smoking though? Or is that not even an issue when it comes to court dates and stuff like this.

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Don't worry about it, you have done nothing wrong. Just don't show up in court baked haha. I also believe you will get all charges dropped.

My court date is Monday... I'll post back and let you all know what happens for sure

From what I've heard I should be able to come off clean with a lesson learned and some community hours. But I will have to play my cards right. Is anyone familiar with the John Howard Society? Im an active volunteer there so I want to slip that in somehow.

But thanks RIU for the help as I did not know much about this stuff. I can honestly say the past month, Ive gained alot of knowledge of the court systems and these types of charges. The reasons were not exactly how I wanted to learn it all but hey whatever.

Alright folks! First court date done and over with... a complete disappointment. After watching a few other young guys go up (one guy for possession of marijuana, content to distribute and some charges for $5000 worth of oxy. poor guy!) But anyways I got called up and the prosecuting attorney had said that since the co-accused is not finished his trial my disclosure won't be ready until next Monday. Lame... so much anticipation for today. So now next Monday I will get the disclosure and will probably get another court date. I've been reading alot on defending myself so once I get it I can see if I'm in too deep.

Basically worst case scenario I see it like this :

I plea not guilty
prosecutor will (in this case) call its witnesses up to testify about why I'm being charged with possession
I cross examine them with my scenario. I try to wear down their story a little and prove to the judge that first, that I was the person who had it, second, where and when I had it, third, that I had knowledge and control of the marijuana, and fourth, that I knew it was really was marijuana. I just have to raise a reasonable doubt to hopefully sway the judge to throw out the charge. There could be some community hours or a charitable donation but I don't mind.. I just want this out of my life! My dad got caught when he was 19 with a few ounces and still to this day, 57, has problems going to the states and all that. I want to travel!

The Duty Counsel guy tried to crack a joke I guess because I was getting pretty intense with questions and worrying...

DT guy: You know the court room only runs at one speed right...
Me: and whats that?
DT guy: really, really slow.
Me: ...

You don't even really get a chance to really make a plead. They just say what the charges are, give you a package of evidence and a photocopy of all the police officers notes, and tell you if you can get a discharge, or alternative measure. Then give you another chance to represent yourself. That's what happened with me in the Brampton Court house. Personally, I'd say even if you get a chance to have community service, talk to legal aid (it's free), and explain the scenario truthfully. That's total bullshit, and I'd definitely try and fight those charges and see if you can get some form of compensation.

Alrighty. So, I went yesterday.... an hour before the court was supposed to start I was able to go get my disclosure. I had an option of delaying the case another month so I could get a lawyer, but I wanted to finish it that day. So I was reading through it and it was exactly what I wanted to hear. The only 'evidence' they had against me was police witnesses. So court starts, I make a testimony, they bring one of the police officers up to ask some questions and whatnot. Well I got a chance to cross-examine him so I did... I didn't get lawyer on his ass, but I basically asked the same question just different wording. After that I told the judge that I would like to make a no evidence motion, and I explained to her why I chose this and why I should have my charge dropped. They prosecuting attorney had a chance to sway the judge after I was done talking but that was it... the judge said that my charge was exonerated. DONE!!! FUCK YEAH!!!

However, I am a little disapointed... I was under the impression that I would be drug tested so I quit for a few weeks... well let me tell you that I have never had a more satisfying bong rip then yesterday.
THANKS RIU, I hope someone can learn from this experience.. I know I have

boom. very nice.

now that'll remain on your record if your arrested again. but not for background checks for jobs.

from now on when you are asked about it, they'll ask you about it, or at least bring it up every time you have to go to court to undermine your credibility, you say: THOSE CHARGES WERE DROPPED DUE TO LACK OF EVIDENCE.

congratulations....

I'm sure you can write a letter to the RCMP to have your files and name cleared. They 'offer' the ability to do that, but if they actually do it, I don't know. lol