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Caught with cannabis

  • 09-02-2010 10:31am
    #1
    Closed Accounts Posts: 76 ✭✭


    Howdy folks, I got caught with a small bit of cannabis (less than a quarter) in waterford,the garda is bringing me to court. Does anyone know anyone who is in similar circumstances as me?:confused: How much were they fined?:confused: Did they get the probation act?:confused: Thanks for any replies


Comments

  • Registered Users, Registered Users 2 Posts: 724 ✭✭✭shapez


    Bb4sure wrote: »
    Howdy folks, I got caught with a small bit of cannabis (less than a quarter) in waterford,the garda is bringing me to court. Does anyone know anyone who is in similar circumstances as me?:confused: How much were they fined?:confused: Did they get the probation act?:confused: Thanks for any replies

    Unfortunately not everyone would understand what is the "less than a quarter" measurement. Is it quarter of a gram/kilo/tonne?

    My guess is you are likely to be charged with possession for personal use if it's a quarter of a gram. However, if it's a quarter of a kilo or tonne, well that's whole different ball game.


  • Registered Users, Registered Users 2 Posts: 9,081 ✭✭✭ziedth


    i predict this to be an eventful but short thread :)

    Long story short op your talking a small enough fine. Look at the munster express any week to see a guideline of what you cam expect. Get a solictor, be nothing but helpful and apologise when you can. And if all else fails take your woman and money and make a break for the border :)


  • Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    Ill move this over to the Legal Discussion forum and let them decide what course of action to take with the thread as its not relevant to Waterford.

    Topic Moved


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    All depends on the view the judge takes, whether you plead guilty, whether you have previous convictions, how much drugs, in what circumstances, what manner the garda gives his evidence.

    The vast majority of people convicted in the district court of simple possession who have no previous convictions are given the benefit of the probation act either in District Court or on appeal. The usual 'measure' of the offence is to require a charitable donation of between 250 and 500 quid. Those that don't get it at District Court stage generally successfully appeal.

    Where a fine is imposed in these cases it is generally much less than the 'scale' of contributions given above.

    Engaging a good solicitor who practices in the relevant court greatly increases the chances of having the probation act applied and of minimising financial consequences.


  • Registered Users, Registered Users 2 Posts: 403 ✭✭counterpointaud


    I assume he means a quarter of an ounce, or 7 grams.

    If no previous convictions, you can expect a couple hundred fine if you have no previous convictions.


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  • Closed Accounts Posts: 76 ✭✭Bb4sure


    Yeah its about 5-6 grams, I posted in the waterford forum because I want to know what the judge is more prone to dish out there. Ive no previous convictions. Plan on travelling though so a conviction will be a hindrance..


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Judge William Harnett is sadly not going to let you off easily. He is very tough of drug users.

    Read the Munster Express and Waterford News and Star newspapers and see what others are getting these days.


  • Registered Users, Registered Users 2 Posts: 403 ✭✭counterpointaud


    Conviction will only be a hindrance if you plan on applying for a working visa, and even then only in some countries.

    If you tell your solicitor to argue that you have plans to work abroad, he might be able to ask for the judge to give you a break.

    Good luck. (and hopefully you don't get Harnett).


  • Registered Users, Registered Users 2 Posts: 144 ✭✭totallytrees


    similar situation happened to an ex of mine, fine was around €700 at the time, that was a few years ago. he had to go to a drugs centre to donate it in person.


  • Closed Accounts Posts: 76 ✭✭Bb4sure


    Working visa for oz is what I am looking for, is your man hartnett that bad? I tried searching for similar cases online on waterfords papers websites but came across nothing? 700euro seems a bit much!:eek:


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  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    that wouldn't have been a fine - that would have been a contribution voluntarily made so as to avoid a criminal conviction. The max fine for first offence of cannabis for personal use is buttons but leaves you with a conviction. The contribution avoids conviction.


  • Closed Accounts Posts: 76 ✭✭Bb4sure


    Is it possible you could go and make a contribution and they would still give you the conviction? I rang a solicitor based in waterford he said the judge is a anti-christ who won't listen to anyone just convicts?? He says my best bet would be going to the circuit court on a appeal??


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    And who's to say the solicitor isn't right - isn't that why you take advice ?

    Don't be adding to your stress by posting on here - get advice & representation and deal with the case. You're getting nothing positive out of panicking online about it.


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I told you so. ;)

    I would not go contributing money unless there was not going to be a conviction. The solicitor is right, you would stand a much better chance in the Circuit on appeal.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    On that specific note, if there's a conviction the max fine is a fine (50 quid in euros whatever that is).

    You can't have money taken off you for charity and be convicted and fined in a drugs possession case.


  • Closed Accounts Posts: 76 ✭✭Bb4sure


    I understand that, but if I was to pay money to a charity just in the hope of getting off a conviction. Wouldn't that be pointless because I could do that then the judge could still give me the conviction after I have agreed to pay a sum to charity, or will the judge let you know that you won't get a conviction on paying a sum to charity?


  • Closed Accounts Posts: 350 ✭✭rubensni


    Read the papers and hire a solicitor who appeared to get people off previously. You're a fella, so wear a suit and tie, try and look as middle class as you can (no jewelry esp. earrings) and act apologetic (look sorry), and if you're under 21, bring your mammy!
    The system is bull5hit, but what are you going to do?


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Reloc8 wrote: »
    And who's to say the solicitor isn't right - isn't that why you take advice ?

    Don't be adding to your stress by posting on here - get advice & representation and deal with the case. You're getting nothing positive out of panicking online about it.

    Couldn't put it better myself.


This discussion has been closed.
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