Implications of being caught with drugs

myleftfoot

How exactly can this affect your standing?

I'm not talking about huge amounts, just for personal use i.e. about 1/2 a gram of MDMA (5/6 Ecstacy tablets).

Assuming you do get summoned to court. WHat is most likely to happen? Is it possible to just get off with a warning considering you've never been in any trouble before or will you most likely be charged?

If you were charged would it just be a fine, and if so any idea of the range that this fine can be?

Also, could a charge like this on your record affect your possibilities of going abroad or getting a Visa for different countries?

Appreciate any info. thanks!

Our man in Havana

Ok without giving any legal advice, 5/6 tablets would only be considered a small amount unless there was something else to indicate dealing.

You would be summoned to a district court, it is unlikely you would get off with a warning but if the judge was in a good mood he might let you make a donation to charity instead of recording a conviction. Otherwise you are looking at a big fine ~€1000 or a spell in prison, unlikely for a first offence.

If convicted you would face problems with visas for most countries. The USA takes a dim view of drugs offences.

grumpytrousers

Bond-007 wrote:

Ok without giving any legal advice, 5/6 tablets would only be considered a small amount unless there was something else to indicate dealing.

You would be summoned to a district court, it is unlikely you would get off with a warning but if the judge was in a good mood he might let you make a donation to charity instead of recording a conviction. Otherwise you are looking at a big fine ~€1000 or a spell in prison, unlikely for a first offence.

If convicted you would face problems with visas for most countries. The USA takes a dim view of drugs offences.

And obv if one were to get caught and get off with a warning and then get caught again, the chances are that the judge wouldn't be so forgiving the next time; theoretical advice to theoretical question would be 'if you are going to get caught, only get caught once'...

myleftfoot

Bond-007 wrote:

You would be summoned to a district court, it is unlikely you would get off with a warning but if the judge was in a good mood he might let you make a donation to charity instead of recording a conviction. Otherwise you are looking at a big fine ~€1000 or a spell in prison, unlikely for a first offence.

~€1000 :eek: :eek:

Considering the amount of people who get their details taken at festivals/concerts the figures must be massive? Is there any links that the public can view on this info?

dermot_sheehan

First time possession of cannabis, is about a €300 fine or so. Second time is more. Only have a third conviction for possession do you risk jail. Guards are likely to take your details and summons you for this offence

For other more serious drugs you risk jail from day one, but again first time simple possession you are likely to get probation and/or fine.

Bewarned though that if you are in possession of enough drugs, the law presumes you to be dealing. The burden is on you then to displace the presumption that you possessed them with intent to supply. Supply includes giving them to your mates (so do not answer question why you have so much with I'm holding it for my mates, supply is supply whether or not money changes hands). Possession with intent to supply is far more serious (supply more then €10,000 worth and its a mandatory 10 years in prison.


With regard to visas and such, the u.s. specifically disqualifies from visas and the visa waiver persons convicted of drugs offences. It's highly unlikely though they have access to details on the pulse computer system (since this would violate irish data protection law), so you'd probably get away with lying unless information that one was involved with drugs somehow got to them. If some day you want to apply for an immigrant visa however you need a police certificate that would disclose a conviction, in which case you're screwed.


Also be warned that the law prohibits possession, possession can include travelling in a vehicle with drugs, the cops could arrest all persons in the vehicle for being in possession of it if no one owns up.

myleftfoot

gabhain7 wrote:

First time possession of cannabis, is about a €300 fine or so. Second time is more. Only have a third conviction for possession do you risk jail. Guards are likely to take your details and summons you for this offence

For other more serious drugs you risk jail from day one, but again first time simple possession you are likely to get probation and/or fine.

...

With regard to visas and such, the u.s. specifically disqualifies from visas and the visa waiver persons convicted of drugs offences. It's highly unlikely though they have access to details on the pulse computer system (since this would violate irish data protection law), so you'd probably get away with lying unless information that one was involved with drugs somehow got to them. If some day you want to apply for an immigrant visa however you need a police certificate that would disclose a conviction, in which case you're screwed.

Hey gabhain, would the above amount I mentioned be considered for dealing or would it automatically be accepted as personal use?

Also, when you get probation and/or fine would this also appear on your police certificate?