Court Summons for weed possesion advice?

GodlessInfidel

got pulled an searched by an undercover cop on the way into electric picnic bak in september. much to my surprise a summons came in the post yesterday (the lying swine said no action wud be takin, he mustn't be hitting his targets).

now i have to make a hundred mile round trip for my day in court over 50euros worth. anyone know what possible punishment will be for this my first offence? thrown out, a fine, a conviction!!!! or have any general advice. cheers

SV

Make sure you mention it was for personal use only and you'll get away with a fine and some community service.

Mostlikely.

Abi

Let this be a lesson to you all, kids. Don't do drugs and stay in school :cool:

RMD

In all honesty, I'm surprised this is even making it to court.

Praise be to our all mighty inadequate justice system.

El Horseboxo

Plead guilty and say it's not something you normally do and were just trying it because of the gig. You'll probably be asked to make a donation to some group or something and nothing more.

Pace2008

Almost every man, woman and child at EP is spangled on some concoction of psychoactives; I can't believe they're taking you up on this.

As far as I know though, you're not allowed give legal advice on Boards.

Buy one of these and put it up your ass for when you're in prison..

http://photos.thefirstpost.co.uk/assets/library/rapex--123486871670006300.jpg

serious post: Bring 500 euro in cash to the court for when you're asked to make a donation. If you don't have the money you might well end up with a conviction.

OutlawPete

Approach the Guard on the day of the court and tell him he said 'No action would be taken.."

I was summons years back for speeding after a Guard that to me and another Guard I knew told me to do that, I didn't think it would work, but it did.

He apologized and all.

They write so much into their notebooks that sometimes they can make mistakes.

RonMexico

Step 1: Knock up your sister.

Step 2: Join a FAS course.

Step 3: Apply for free legal aid.

If you do this you will walk, otherwise I'd say it will be hanging at noon.

rainbowdrop

Friend of mine got caught with 2 wraps of speed at a festival last year (Not Electric Picnic). She got a €150 fine in court last week.......

Good luck OP

Darksaga87

Most drug offences (minor) are fines or less.

Im surprised this got into court.

TheZohanS

How much were you caught with?

Fallen Buckshot

GodlessInfidel wrote: »

got pulled an searched by an undercover cop on the way into electric picnic bak in september. much to my surprise a summons came in the post yesterday (the lying swine said no action wud be takin, he mustn't be hitting his targets).

now i have to make a hundred mile round trip for my day in court over 50euros worth. anyone know what possible punishment will be for this my first offence? thrown out, a fine, a conviction!!!! or have any general advice. cheers

if he didnt take you to the station or write a citation/ticket what proof do they have of it ?

GodlessInfidel

TheZohan wrote: »

How much were you caught with?

cant even remember to be honest one gram i think

Bonito

As said above. Plead quilty but say it was for your own personal use and you're sorry. Bring moneys to make a donation to some rehab charity or something.

Pace2008

Rojomcdojo wrote: »

serious post: Bring 500 euro in cash to the court for when you're asked to make a donation.

500 is an awful lot for such a minor charge. Whatever money you declare you have, they'll take it.

Bonito

Pace2008 wrote: »

500 is an awful lot for such a minor charge. Whatever money you declare you have, they'll take it.

+1. It was only a gram. 150 - 200 would be plenty.

Pace2008

Pace2008 wrote: »

500 is an awful lot for such a minor charge. Whatever money you declare you have, they'll take it.

You'd be surprised - it 100% depends on the judge. I've seen people paying from 200-500 in court, one guy had to pay 250 for being caught pissing. If you don't have the money on you, the judge will give you an hour or two to come up with it and if you can't then you will get a conviction. A drug conviction no less.

Also, they'll take what you declare you have? This isn't some third world country. You'll be asked to make a "donation", and then be asked if you have the money. They don't ask how much you have and go "that'll do nicely LOL".

But here, don't even know the OP so if he wants to listen to people randomly speculating then that's his choice

GodlessInfidel

Fallen Buckshot wrote: »

if he didnt take you to the station or write a citation/ticket what proof do they have of it ?

none but i assume judge will always take their word for it. i also heard the summons is supposed to be delivered in person by the gards which it wasn't

Pace2008

Rojomcdojo wrote: »

You'd be surprised - it 100% depends on the judge. I've seen people paying from 200-500 in court, one guy had to pay 250 for being caught pissing. If you don't have the money on you, the judge will give you an hour or two to come up with it and if you can't then you will get a conviction. A drug conviction no less.

Also, they'll take what you declare you have? This isn't some third world country. You'll be asked to make a "donation", and then be asked if you have the money. They don't ask how much you have and go "that'll do nicely LOL".

But here, don't even know the OP so if he wants to listen to people randomly speculating then that's his choice

When I was in court (public intoxication) the Garda told the court I'd said earlier that I was willing to make a contribution to the Garda benevolent fund, and the judge asked me how much I was willing to contribute. I offered €150, and the Garda actually told me afterward that I was a bit mad for declaring so much.

This was a one-off case though; I don't have much experience with such things and this may very well not have been the norm.

Bonito

GodlessInfidel wrote: »

none but i assume judge will always take their word for it. i also heard the summons is supposed to be delivered in person by the gards which it wasn't

6.—Section 27 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (1) to (11):
[GA]

"(1) Subject to section 28 of this Act, every person guilty of an offence under section 3 of this Act shall be liable—
[GA]

( a ) where the relevant controlled drug is cannabis or cannabis resin and the court is satisfied that the person was in possession of such drug for his personal use:
[GA]

(i) in the case of a first offence,
[GA]

(I) on summary conviction, to a fine not exceeding £300, or
[GA]

(II) on conviction on indictment, to a fine not exceeding £500,
[GA]

(ii) in the case of a second offence,
[GA]

(I) on summary conviction, to a fine not exceeding £400, or
[GA]

(II) on conviction on indictment, to a fine not exceeding £1,000,
[GA]

(iii) in the case of a third or subsequent offence, 35
[GA]

(I) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
[GA]

(II) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment;
[GA]

( b ) in any other case—
[GA]

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
[GA]

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding seven years, or to both the fine and the imprisonment.
[GA]

(2) Subject to section 28 of this Act, every person guilty of an offence under section 6, 7, 16, 17, 19 or 20 of this Act shall be liable—
[GA]

( a ) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
[GA]

( b ) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment.
[GA]

(3) Subject to section 28 of this Act, every person guilty of an offence under section 15 of this Act shall be liable—
[GA]

( a ) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
[GA]

( b ) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for life or such lesser period as the court shall determine, or, at such discretion, to both such fine and such lesser period of imprisonment.
[GA]

(4) Subject to section 28 of this Act, every person guilty of an offence under section 18 of this Act shall be liable—
[GA]

( a ) on summary conviction, to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or
[GA]

( b ) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.
[GA]

(5) Every person guilty of an offence under section 21 (1) of this Act shall be liable to be punished on summary conviction as if he were guilty of the substantive offence and in case a penalty on conviction on indictment is provided by this Act in relation to the substantive offence, he shall be liable to be proceeded against on indictment and, if convicted, punished as it he were convicted on indictment of the substantive offence.
[GA]

(6) Every person guilty of an offence under section 21 (2) of this Act shall be liable—
[GA]

( a ) in case the regulation in relation to which the offence was committed is a regulation made pursuant to section 5 (a) of this Act, other than a regulation regulating the transportation of controlled drugs,
[GA]

(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or
[GA]

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding fourteen years, or to both the fine and the imprisonment, and
[GA]

( b ) in case the regulation in relation to which the offence was committed is a regulation made otherwise than under the said section 5 (1) (a) or is a regulation regulating the transportation of controlled drugs—
[GA]

(i) on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment, or
[GA]

(ii) on conviction on indictment, to a fine of such amount as the court considers appropriate, or at the discretion of the court, to imprisonment for a term not exceeding two years, or to both the fine and the imprisonment.
[GA]

(7) Every person guilty of an offence under section 21 of this Act, other than an offence mentioned in subsection (1) or subsection (2) of that section, shall be liable on summary conviction to a fine not exceeding £400 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment.
[GA]

(8) Every person guilty of an offence under paragraph (a) or (b) of subsection (1D) of section 23 of this Act, as amended by section 12 of the Misuse of Drugs Act, 1984 , shall be liable on summary conviction to a fine not exceeding £200.
[GA]

(9) Every person guilty of an offence under section 5 of the Misuse of Drugs Act, 1984 , shall on summary conviction be liable—
[GA]

( a ) in case the offence is an offence under subsection (2) of that section, to a fine not exceeding £1,000,
[GA]

( b ) in any other case, to a fine not exceeding £500."

.

TheZohanS

GodlessInfidel wrote: »

cant even remember to be honest one gram i think

Very surprised you have to go to court over this tbh, ring the station and ask to speak to the garda. If the garda has a lot on he might not show up in court, have a chat with him.

Senor Frog

Lately some judges have been taking a harder stance on small pocession, I know of two seperate people who were caught with a small amount 1gram rouglhy, one in cork , he got brought up in bantry court, he got a 1000 euro fine! I thought it was just a once off of a judge having a bad day....but then another fella i know got caught with roughly same amount going into oxygen and he got the same fine. Both got the probation act applied, meaning no record as long as they dont step out of line again.
What would usually happen is when they catch you they would make you sign his/her notebook, saying what it is "cannabis herb" and how much it is worth..... if you didn´t sign anything i would get on to a solicitor pronto as there is no proof just his7her word against yours, id imagine you could get off....judges dont always take the side of the guards, innocent to proved guilty and all.
Seems it is a criminal summons, and not a traffic offence it should have been either delivered by the guards or registered post aswell...... as i said i would def get onto a solicitor for some advice if you want tog get off....

p.s just read post above, with regard to maximum fine, what happened in the cases that i mentioned was the judge said thery had to make a donation to a named charity and the probation act will be applied...if not criminal record and different fine....

SugarHigh

Does this "donation" bollox piss anyone else off?
I'd rather pay an official fine than this nonsense of just saying a number and seeing how the judge reacts.

My name is URL

Defnitely try to get talking to the Garda that dealt with you, if at the time he said no action would be taken then it's possible that it was put through accidently while he was submitting his reports.

Have you ever been in trouble before? If so, he may have checked your history after the incident and decided that you weren't being completely honest with him at the time, so perhaps he had a change of heart.

CrazyRabbit

My brother was in a practically identical situation. He got a €60 fine, though he was unemployed. The fine will likely be much higher if you are employed.

m5ex9oqjawdg2i

TheZohan wrote: »

How much were you caught with?

GodlessInfidel wrote: »

50euros worth.

GodlessInfidel wrote: »

cant even remember to be honest one gram i think

That was probably the best weed you never smoked, 50 euro a gram? :eek:

Normally a "50 bag" will have about 3.5 grams in it.

I would be surprised if you got a conviction for it. I would suggest you get proper legal advice though, you will only get heresays and rumours here.

Midnight_EG

Isn't there something about 'if it's over 6 months ago it won't happen' kind of thing here?

Senor Frog

i got one myself a few years back, it was served exactly a year and a week to day from the incident, i thought i was away with it....what they do is they pass on the information to another guard in the station and he can issue it.... In my case i paid 250 to a charity and got the probation act applied...

Midnight_EG

Senor Frog wrote: »

i got one myself a few years back, it was served exactly a year and a week to day from the incident, i thought it was away with it....what they do is they pass on the information to another guard in the station and he can issue it.... In my case i paid 250 to a charity and got the probation act applied...

So you're saying a Guard can tell his other Garda friend about that guy that was speeding a while ago on the M50, and he can go and bring him to court, even though he didn't witness it nor did he book him?

Sounds like bollocks tbh.

FlutterinBantam

Listen stoner, take your medicine and stop whinging.

Weed is illegal, shut it and do your time.

pwd

A dishonest guard oh my golly :rolleyes:

You should try not to let a guard search you if you're carrying illegal drugs. In fact you should try not to let a guard search you full stop.
He's supposed to have good reason to think you are carrying illegal drugs in order to do so. Anything else is a violation of your rights. Unless he saw you carrying a joint or something there's a good chance he'd have left you alone if you challenged him about that.

Johnny Utah

Midnight_EG wrote: »

Isn't there something about 'if it's over 6 months ago it won't happen' kind of thing here?

For minor offences, the Gardai must apply for a summons within 6 months.

MagicSean

Fallen Buckshot wrote: »

if he didnt take you to the station or write a citation/ticket what proof do they have of it ?

The drugs? They don't write tickets for posession. It's a summons.

Pace2008 wrote: »

Almost every man, woman and child at EP is spangled on some concoction of psychoactives; I can't believe they're taking you up on this.

So? The everyone does it argument is ridiculous. I'm sure the op won't be the only one that was caught there. And there's plenty of people there that aren't off their heads on drugs.

GodlessInfidel wrote: »

none but i assume judge will always take their word for it. i also heard the summons is supposed to be delivered in person by the gards which it wasn't

No it can be delivered by post. Witness summons should be delivered by hand.

TheZohan wrote: »

Very surprised you have to go to court over this tbh, ring the station and ask to speak to the garda. If the garda has a lot on he might not show up in court, have a chat with him.

It's not that surprising. He was caught with drugs.

Midnight_EG wrote: »

Isn't there something about 'if it's over 6 months ago it won't happen' kind of thing here?

No the Garda has to apply for the summons within six months. And can reapply if it has not been served in time.

Midnight_EG wrote: »

So you're saying a Guard can tell his other Garda friend about that guy that was speeding a while ago on the M50, and he can go and bring him to court, even though he didn't witness it nor did he book him?

Sounds like bollocks tbh.

It is bollocks.

MidlandsM

TheZohan wrote: »

ring the station and ask to speak to the garda. If the garda has a lot on he might not show up in court

....that does not mean NOT to go to court OP yourself. Be there (defo show up even if its to be thrown out), dress and groom well, respect the court and take whatever's coming on the chin and you may not be sharing a cell with Bubba:eek:

Senor Frog

Midnight_EG wrote: »

So you're saying a Guard can tell his other Garda friend about that guy that was speeding a while ago on the M50, and he can go and bring him to court, even though he didn't witness it nor did he book him?

Sounds like bollocks tbh.

No i was caught red handed, and signed the notebook at the time so there was no disputing it in my case....and in the case of a speeding fine im sure there would be some evidence in the speed gun print out as well ...so not bollocks tbh

Midnight_EG

Senor Frog wrote: »

No i was caught red handed, and signed the notebook at the time so there was no disputing it in my case....and in the case of a speeding fine im sure there would be some evidence in the speed gun print out as well ...so not bollocks tbh

But you said some totally random guard summonsed you, not the one that booked you....?

Total bollocks mate, you got screwed over!

Senor Frog

when i asked my solictor how it could be brought up so long after (53 weeks) he said that is how to they can issue them after the limitation is up, im only going on what he said, and the summons i recieved and went to court on....

tods

GodlessInfidel wrote: »

got pulled an searched by an undercover cop on the way into electric picnic bak in september. much to my surprise a summons came in the post yesterday (the lying swine said no action wud be takin, he mustn't be hitting his targets).

now i have to make a hundred mile round trip for my day in court over 50euros worth. anyone know what possible punishment will be for this my first offence? thrown out, a fine, a conviction!!!! or have any general advice. cheers

Serious!
Firstly,
Let a solicitor do the talking. You're playing on their pitch. If you don't have one, then be in court early and approach one on the morning, courts are like hoor houses there's always one skanking for business.

Tell him the story, and give him your story... i.e. hardworking youngfella, made a mistake going to a gig, never before and never since...went to confession, and climbed croagh patrick barefoot before dawn as penance.

Secondly,
Don't say anything to the guard. They're compulsive liars, It's bred into them in templemore. And you don't want to draw attention to yourself or give the sneaky f&#k the heads up...

It's only a minor thing, but like the other posts say, bring a few bob with you for the court, You'd hardly be expected to pay there and then, but the judge would generally state a timeframe for payment.

Have your solicitor state what the guard told you, don't get into contradicting a guard in court or you may find one checking your tyres etc. next time you pull out of your drive...

don't worry dude, i hear lube is readily available in the joy these days

Flatzie_poo

OutlawPete wrote: »

I was summons years back for speeding

I always wondered why you were called an outlaw!!!

I'd say you'll get a slap on the wrist and a miniscule fine... 500 quid as was suggested earlier in the post would be an outrageous fine for someone's first time offence, and it not a class A drug! I'd expect a 70-100 squid fine to a charity... possibly of your choice if you're really lucky!! :pac:

Rented Mule

I m gettin' the munchies from reading this thread.

Abrasax

If you ever wanna travel to the States or Australia for work, I'd spend a few bucks and get a solicitor to plead your case, to try avoid a conviction.
Depending on the judge you have and the days he's having, he might just give you a big fuck you and convict you, and it's only small potatoes, I know, but it doesn't look to good on your CV.
As for pleading to the copper, they probably have a quota to fill for putting all that time and effort for EP weekend. I'd say you're wasting your time asking him for mercy.

RMD

FlutterinBantam wrote: »

Listen stoner, take your medicine and stop whinging.

Weed is illegal, shut it and do your time.

Jaywalking is also illegal, I hope you get pulled up on that, then see how sweet that "medicine" is.

Bonito

RMD wrote: »

Jaywalking is also illegal, I hope you get pulled up on that, then see how sweet that "medicine" is.

I lol'd. This isn't America. :pac:

whadabouchasir

Bonito wrote: »

I lol'd. This isn't America. :pac:

Damn right.I can cross the road wherever the f**k I want.

MagicSean

Bonito wrote: »

I lol'd. This isn't America. :pac:

It's called endangering traffic over here.

Bonito

k_mac wrote: »

It's called endangering traffic over here.

Where? Ireland? Oz? Jamaica?

Chorcai

Bonito wrote: »

Where? Ireland? Oz? Jamaica?

Here..

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0014.html

14.—(1) A person shall be guilty of an offence who—

(a) intentionally places or throws any dangerous obstruction upon a railway, road, street, waterway or public place or interferes with any machinery, signal, equipment or other device for the direction, control or regulation of traffic thereon, or interferes with or throws anything at or on any conveyance used or to be used thereon, and

(b) is aware that injury to the person or damage to property may be caused thereby, or is reckless in that regard.

My name is URL

Chorcai wrote: »

Here..

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0014.html

14.—(1) A person shall be guilty of an offence who—

(a) intentionally places or throws any dangerous obstruction upon a railway, road, street, waterway or public place or interferes with any machinery, signal, equipment or other device for the direction, control or regulation of traffic thereon, or interferes with or throws anything at or on any conveyance used or to be used thereon, and

(b) is aware that injury to the person or damage to property may be caused thereby, or is reckless in that regard.

You'd think they'd have done something about the currency in those statutes by now.. Could someone not get off on a technicality because of that?

Bonito

Chorcai wrote: »

Here..

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0014.html

14.—(1) A person shall be guilty of an offence who—

(a) intentionally places or throws any dangerous obstruction upon a railway, road, street, waterway or public place or interferes with any machinery, signal, equipment or other device for the direction, control or regulation of traffic thereon, or interferes with or throws anything at or on any conveyance used or to be used thereon, and

(b) is aware that injury to the person or damage to property may be caused thereby, or is reckless in that regard.

Yeah but isn't jaywalking defined as crossing the road at ANY time without a zebra crossing/lights? From what I can see that law only applies in Ireland if you sprint out across the road in front of traffic. If there's no traffic I doubt you'd be bothered by the Gardaí.