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Eek, busted, now what do I do?

  • 02-01-2007 7:38pm
    #1
    Registered Users, Registered Users 2 Posts: 853 ✭✭✭


    Ug... I was at Garden Party last year, and it being a festival and all, I had a few joints, long story involving a more idiotic friend cut short, the Guards apprehended me with my spliff, whereupon I handed over the rest, about 2 grams of weed.
    I gave them my details (this gets interesting, because my friend gave a false address!) and I heard nothing. Until this morning:

    ....
    On the 04/062006 at Ballin Lough Castle Delvin Westmeath in said District Court Area of Mullingar, had unlawfully in your possession a controlled drug, to wit, cannabis.
    ....

    Argh!
    Do I need a lawyer? Needless to say I've never had legal problems before, and if I get a git that day he could potentially (though I imagine it'd be unlikely) give me a legal record.
    Anyone ever been caught before?
    I should probably post this on the electricpicnic forum :-/


Comments

  • Closed Accounts Posts: 3,144 ✭✭✭LundiMardi


    yes, you need a lawyer, go and get one. He/she will tell you everything else you need to know.


  • Moderators, Education Moderators, Music Moderators Posts: 4,436 Mod ✭✭✭✭Suaimhneach


    I am not sure, but I think its only a small offense if you werent carrying enough to sell it on.

    Dont feel so bad about it man, loads of people smoke. There are much worse offenses out there.

    Get a lawyer, or at least some legal advice. A fake address mighta been useful tho :P


  • Closed Accounts Posts: 1,444 ✭✭✭Cantab.


    Jesjes wrote:
    I am not sure, but I think its only a small offense if you werent carrying enough to sell it on.

    Dont feel so bad about it man, loads of people smoke. There are much worse offenses out there.

    Get a lawyer, or at least some legal advice. A fake address mighta been useful tho :P

    Even a small offence (regardless of whether you get the probation act or not) will probably mean you can't travel to the US or join the army/guards.


  • Registered Users, Registered Users 2 Posts: 9,770 ✭✭✭Bottle_of_Smoke


    Go to the hearing in your best suit - be apologetic-be remorseful-realise the stupidity of what you did:D & hopefully they'll let you off.

    So pathetic the cop wouldn't turn a blind fuc|<ing eye


  • Closed Accounts Posts: 73 ✭✭custardcreams


    sometimes they let you off with that..you were unlucky. Sometimes they drop it if your auld lad goes in and has a chat with the sergeant. Donate to charity etc... Now its gone to court (as you sat on it and did nothing to stop it going just hoped it would go away). As a first offence if you want to have a chance of getting off with the probation act:

    Get a solicitor - check your local paper for crime reports and get a solicitor who does these type of cases normally if possibled. A solicitor says you took it seriously to the judge and gives a good impression on first/2nd/third offence - after that its just taken for granted.

    Other defences have been to go get treatment i.e. your doing something about it type scenario, got caught up on the wrong road, give me a chance buzz.

    If you put forward that you come from a good background, once one, very sorry etc, poor box donation (300+) and you should be the mercy of the court if he is not one of those judges that stamp on drug users. Alot of judges are severe on middle class type drug users who give capital to the drug dealers who are from poorer background (in their sterotypical minds - from my experience).

    So hopefully you will be fine. If you do get a conviction say goodbye to visiting the states and job checks from american companies ..say goodbye to that too. Most companies use a company called checkback to locate convictions ..not arrests but convictions. Personally i think you are an idiot for not getting your auld man or you yourself to go and discuss with the sergeant at the station. You are gutless but hopefully you not pay the full price of having your clean record smeared.

    As for your friend giving a false address. Thats grand the address it goes to or doesnt go to will be found to be false, a bench warrant may be issued for him being missing. You will be asked for his address more than likely. If you dont supply it then you will be charged with another offence. Yawn ...you get the message...he can be charged with giving false name and it is a worse offence than a few joints.

    You could have nipped this in the bud if you grew a pair.

    Learn from it and move on. Let us know how you get on. What court is it?


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  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    Ug... I was at Garden Party last year, and it being a festival and all, I had a few joints, long story involving a more idiotic friend cut short, the Guards apprehended me with my spliff, whereupon I handed over the rest, about 2 grams of weed.
    I gave them my details (this gets interesting, because my friend gave a false address!) and I heard nothing. Until this morning:

    ....
    On the 04/062006 at Ballin Lough Castle Delvin Westmeath in said District Court Area of Mullingar, had unlawfully in your possession a controlled drug, to wit, cannabis.
    ....

    Argh!
    Do I need a lawyer? Needless to say I've never had legal problems before, and if I get a git that day he could potentially (though I imagine it'd be unlikely) give me a legal record.
    Anyone ever been caught before?
    I should probably post this on the electricpicnic forum :-/
    Don't get too worried about it man, I've known people to get caught with a lot more and got off relatively easy. Go seek legal advice, but make sure to turn up to court well dressed and ensure you come across a decent character, try to show some remorse for it.

    If they ask you for names of dealers/suppliers etc. don't hesitate to give them to them, I know its a ratty thing to do but you've got to look out for your own ass first and foremost.


  • Closed Accounts Posts: 5,217 ✭✭✭FX Meister


    Cantab. wrote:
    Even a small offence (regardless of whether you get the probation act or not) will probably mean you can't travel to the US
    Yous statement is completely untrue.


  • Closed Accounts Posts: 14,277 ✭✭✭✭Rb


    Oh also (and obviously), if you've a clean criminal record up 'til now, your chances are even better.


  • Closed Accounts Posts: 73 ✭✭custardcreams


    It has to be conviction before you are denied access to the stated.


    rb --- about the art of war relating to ratting out people -- be careful. He will know himself if it is needed or not to do this type of thing.

    A)Mullingar is a small place
    B)It is riddled with drugs as far as i know...they definitely had a white christmas..shall we say
    c)What is his relationship to dealers
    d)Its a small town and in small towns word spreads. If he is heard going to cops(be surprised who sees what in small towns or what is spread by his ''mates'' and someone gets busted then he will be getting a talking to.
    e)Its first offence - keep stum in this case and do 1. solicitor and 2. charity thing and have your parents in court ...he will be fine unless of course the judge is a contrary anti-drug headbanger of which they are a hardcore in this country.


  • Registered Users, Registered Users 2 Posts: 853 ✭✭✭case_sensitive


    Thanks for all the advice, to answer a few questions, never been caught before, not so much as a speeding ticket, in fact Guard actually said it probably wouldn't come up, which is why I didn't do anything about it!
    The
    About the mate though, at the time we had a clear enough head to pretend we didn't know each other, I was chatting to him there, and he was asked to verify my address and couldn't, and vice versa, so I suppose they'll have to take my word for it.
    I'll go in my best suit, and hopefully they'll give me the probation act and a 500 fine/donation to charity, it's what another friend caught with a pathetically small amount of hash at Electric Picnic got.
    I'm mainly worried about the record thing, I work in IT and a drugs conviction would be very very bad for my career, I doubt my current employer would be impressed.
    I was hoping to be able to talk my case myself, but the concensus definitely seems to be that hiring one would make me more sympathetic, does anyone know any?


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  • Closed Accounts Posts: 12 Slartibartfast


    Was it a summons you received? If so what was the issue date on it,as for summary offences which I think, not 100%, this one would be, the guards have only six months from the date of the offence to issue the summons. As the date of the offence is 4/6/06 they could have run out of time which would be a full defence hence you'd get off. A Solicitor would advise you more fully though


  • Registered Users, Registered Users 2 Posts: 853 ✭✭✭case_sensitive


    The date on the letter is obscured, and I think the sneaky bint has written it as 11/10/06, but I received it today, meaning it can't have been posted any earlier than mid Dec.
    You're right about the 6 months thing for minor things like traffic offences, but I'm not sure it applies to this. Yay if it did!
    Must find the envelope, it'll be dated.


  • Registered Users, Registered Users 2 Posts: 853 ✭✭✭case_sensitive


    The sneaky git! It was delivered by hand, and the date falsified, but I can't prove it.

    I'm tempted to scan it to show you, the letters in the date are written so small (twice!) that it's difficult to tell what they're meant to be, though they look to be 0s.
    That's sly, I wonder is there any mileage in that?
    Lawyer up I suppose, yuck.


  • Closed Accounts Posts: 1,444 ✭✭✭Cantab.


    FX Meister wrote:
    Yous statement is completely untrue.

    No it's not.

    US Visa application form:
    https://evisaforms.state.gov/ds156.asp

    Read the question where you're asked:
    "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"

    A good friend of mine got the probation act for a breach of the peace charge about 3 years ago and he was denied entry.


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Jotter


    A friend of my husbands was done for possession only a small amount of personal use - caught at ****** -he was fined 600 euro and it went on his record no previous convictions -he tried to go to us on hols and was denied at the airport. At the time I thought it was pretty tough but now Im of the opinion that if noone did drugs or bought illegal stuff like counterfeit dvds then we wouldnt have this crap situation of shootings every second day and life would be easier for a lot of people.
    Get yourself a solicitor and own up to your wrong doings, the judge is likely to be easier on someone whos actively taking responsibilty for his actions - good luck anyway


  • Registered Users, Registered Users 2 Posts: 35,595 ✭✭✭✭o1s1n
    Master of the Universe


    Jotter wrote:
    At the time I thought it was pretty tough but now Im of the opinion that if noone did drugs or bought illegal stuff like counterfeit dvds then we wouldnt have this crap situation of shootings every second day and life would be easier for a lot of people.

    True. But if said drugs were legalized the government could earn a load in tax and there'd still be no shootings etc. Don't try and send someone on a guilt trip. It's really the government who are making the huge mistake, not the small time user.

    Anyway, I'll shut up as this isn't a "should cannabis be legalized" debate. :p

    Sorry for your troubles OP. I only know of one person who was summonsed to court like this. There were about 30 other people there on the same charge. The judge basically called each persons name one by one, they stood, he fined them and then moved on to the next.

    As you said though, the criminal record bit is the most annoying. Argh the fact that someone caught smoking a bit of cannabis has to face this really rattles my cage :mad:


  • Registered Users, Registered Users 2 Posts: 224 ✭✭Jotter


    wasnt trying to send the op on a guilt trip - like it or not drugs are illegal and contribute to a sh*t society, hence the judge prob will be tough on him but hell stand a better chance if he goes in with his chin up and says yes he did it is sorry etc etc! Each jusge tends to have his/her own standard for various offences so it will depend on who you get on the day.


  • Closed Accounts Posts: 7 Tumblina


    Gaurds are usually after bigger fish so if i was you i would go to solicitor have a chat with local seargent it'll look good in court.You might get away with just a poor box donation,slap on the wrist and a caution.


  • Closed Accounts Posts: 88 ✭✭horsesnout


    rb_ie wrote:
    If they ask you for names of dealers/suppliers etc. don't hesitate to give them to them, I know its a ratty thing to do but you've got to look out for your own ass first and foremost.

    You're a ****ing scumbag if you sell someone else out to save your own skin. The lowest of the low.
    Rb_ie you disgust me.


  • Registered Users, Registered Users 2 Posts: 35,595 ✭✭✭✭o1s1n
    Master of the Universe


    Plus you'd then face the wrath of scorned drug dealers. Not the best advice in the world.


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  • Closed Accounts Posts: 1,444 ✭✭✭Cantab.


    Oh yeah, and even if you get the probation act, there'll be serious question marks over any application to be a civil servant:

    http://www.sipo.gov.ie/en/CodesofConduct/CivilServants/Name,709,en.htm

    "Departments/Offices should exercise discretion in dealing with cases in the light of all of the merits of each case."

    So, if you do want to work for the government, you'll need approval first. And that's hardly a good start to a sucessful career is it? Even if you do get in, it's enevitable that you'll be passed over for promotion one day, especially as it gets more and more cut-throat as you get up the hierarchy - when the knives come out, nothing is forgotton about.

    Go see a solicitor, turn up in court and pray the garda doesn't turn up. The date thingy sounds like something you could ask your solicitor about. Although these kinds of mistakes are rarely made anymore.


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    horsesnout wrote:
    You're a ****ing scumbag if you sell someone else out to save your own skin. The lowest of the low.
    Rb_ie you disgust me.

    Absolute rubbish. I've nothing against anyone having a smoke but telling porkies to the Gardaí was just stupid. I't's highly likely that the reason you're being dragged in there was that the Garda had a feeling the two of you knew each other and you chose not to tell the truth. If I were him, I'd haul you in there to teach you a lesson over it.

    Sell him out - It's his own fault and he'll deserve whatever slap he gets from the court. You're not a pair of bank robbers in the wild west, partners in crime and whatnot - You're going in front of the court and that's serious business. Do what you need to do to protect your record and sod anyone who encourages you to take a burn to protect their scrawny arse. Sod 'em.


  • Registered Users, Registered Users 2 Posts: 35,595 ✭✭✭✭o1s1n
    Master of the Universe


    Gil_Dub wrote:
    Absolute rubbish. I've nothing against anyone having a smoke but telling porkies to the Gardaí was just stupid. I't's highly likely that the reason you're being dragged in there was that the Garda had a feeling the two of you knew each other and you chose not to tell the truth. If I were him, I'd haul you in there to teach you a lesson over it.

    Sell him out - It's his own fault and he'll deserve whatever slap he gets from the court. You're not a pair of bank robbers in the wild west, partners in crime and whatnot - You're going in front of the court and that's serious business. Do what you need to do to protect your record and sod anyone who encourages you to take a burn to protect their scrawny arse. Sod 'em.

    This was actually in relation to selling out the DRUG DEALER who sold him the stuff. This person most certainly wont only get a slap on the wrist. He'll get jail time. And while he's in there trying not to drop the soap, he'll have his gun wielding mates on the outside trying to figure out who put him there.
    Basically, not the best of ideas.


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    I see where you're coming from Oisin and agree - But I'm aiming my comments at HorseSnout.


  • Closed Accounts Posts: 19,341 ✭✭✭✭Chucky the tree


    Gil_Dub wrote:
    Sell him out - It's his own fault and he'll deserve whatever slap he gets from the court. You're not a pair of bank robbers in the wild west, partners in crime and whatnot - You're going in front of the court and that's serious business. Do what you need to do to protect your record and sod anyone who encourages you to take a burn to protect their scrawny arse. Sod 'em.



    Completely disagree. The gardai cant prove you know the other lad they are just guessing. So if you turn around now and tell them you do know him that wont make any difference. They wont drop the charges, you will still get done. not only that but you will also look like a liar/dishonest infront of the judge. Then you will also have dropped your mate in it for no real reason.

    In which case you wont be very popular with him, or the rest of your mates.


    Ratting out the dealer is an even worse idea.


  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Are you sure you know the dealer? Or was it some random person selling the stuff at the concert? Cos if it was some random dude, how'd you know what his name or address was?

    Think before you answer the above questions.


  • Closed Accounts Posts: 73 ✭✭custardcreams


    okay the young fella is probably freaked out enough so as the fella in the HSBC ad says ''let me put it in perspective''.

    Knowledge of Friend Issue 1

    1. Deny knowledge of your friend
    2. Make sure he knows it too and that this is clear
    3. If it becomes an issue at all comes up you can say the bust (using that lightly) brought you together.

    Getting off with a donation and a slap on the botty

    1) Solicitor - Number one de facto way of getting off first offence - cant stress enough (they are costly anywhere from 250 - 500 for the day). On the day of the case you can get a solicitor as they hang around outside and its normally 80 bucks but its risky ..you might not be lucky to get a good one of the day - like any profession some are better than others at particular types of cases)

    2) I would use the fact that you are a student and that you want to use the J1, your background, that you are doing some voluntary work for a local organisation, that you have 500 in court proactively for the poor box, that your father and mother are suitably ashamed, no previous. Look your best and look like your man enough to get on with it in court (do not be there crying or some ****e...head bowed an all that - judges like to see people taking responsibility for their actions not regressing into nappies)


  • Closed Accounts Posts: 7,266 ✭✭✭Steyr


    o1s1n wrote:
    Plus you'd then face the wrath of scorned drug dealers. Not the best advice in the world.


    Hence the reason why they are ILLEGAL and a stupid thing to do, i hope you have some cop on and give up the drugs that goes for all of you who take them, when you take drugs you fund the Illegal Activities of these Dealers/Scum and that makes **** fly like the shootings in Dublin and elsewhere, when will you learn.


  • Closed Accounts Posts: 7,266 ✭✭✭Steyr


    So pathetic the cop wouldn't turn a blind fuc|<ing eye

    The Garda was doing his job, drugs are illegal, the OP got caught its his own fault for going down that path of using illegal substances.


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  • Closed Accounts Posts: 1,011 ✭✭✭joebhoy1916


    Yes I was caught before.

    You will get probation so dont worry unless your planning on joining the guards. If you ever plan on going to America something like that what they dont know doesnt harm them :)

    Whatever you do dont say it was a mates becasue you will be charged with dealing happened to me big mistake.

    You will need solicitor, dont worry about it.

    You will be white as a ghost though in court room if it's your first time up.


  • Registered Users, Registered Users 2 Posts: 6,646 ✭✭✭cooker3


    horsesnout wrote:
    You're a ****ing scumbag if you sell someone else out to save your own skin. The lowest of the low.
    Rb_ie you disgust me.

    Yes, ratting out drug dealers makes you the ultimate scumbag, it's much worse then say dealing drugs :rolleyes:


  • Closed Accounts Posts: 1,011 ✭✭✭joebhoy1916


    All about supply and demand. If one guy wasnt selling another would so do you not think it's not the people's fault who does the drug after all if nobody did it there would be nobody dealing.

    I agree people who rat on other's are scum.

    Even if you told the guards oh I got it off this guy they still charge you it's a trick they dont bring you to the station or anything then a year or so later a summons in the door.

    Jesus it's only hash. Who hasnt smoked it moma boys.

    If you dont like my fire
    then dont come around cos
    Im gonna burn one downnn.
    (Ben Harper)


  • Registered Users, Registered Users 2 Posts: 35,524 ✭✭✭✭Gordon


    We don't have threads here asking for medical advice, that goes for legal advice also.


This discussion has been closed.
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