2 pills

howaya2010

What position would one be in if say they accidentally had 2 ecstasy tablets on their person and were arrested at oxygen? I would like people’s opinions on the action that would be taken against this person

For arguments sake this person has no previous convictions of any kind and signed a statement saying he had the pills on his person because of peer pressure

gary_bre

over 18- should be a cautioned and pills taken.

under 18- pills taken and parents informed.

think that would be a reasonable approach ?

Improbable

howaya2010 wrote: »

What position would one be in if say they accidentally had 2 ecstasy tablets on their person and were arrested at oxygen? I would like people’s opinions on the action that would be taken against this person.

Not quite sure what you're asking here. The action that would be taken would be a legal issue and not up to the opinion of the lay person. I would recommend talking to a lawyer about what the consequences would be.

I think possession carries a maximum penalty of 14 years and/or unlimited fine.
Supplying carries a maximum penalty of life and/or unlimited fine. But again, I would check with a lawyer for more accurate and informed information.

If you're asking for people's opinions on what *should* be the action rather than what *would* the action be, then I would have to say that I don't know enough about the risks and social impacts etc. to make an informed decision.

Reloc8

If you're asking what should happen, depends on your view of drugs.

If you're asking what will happen, 90% likelihood summons issues returnable some weeks/months hence for the local district court for the offence of possession to which that person would appear to have no defence. Penalty on conviction can be fine or imprisonment. Imprisonment would clearly not be warranted in this case.

Most people would seek that the Probation of Offenders Act would be applied to them leaving them without a criminal conviction. Whether this was achievable would depend on the District Judge hearing the case (or the attitude of the Circuit Court Judge on appeal).

For many moons now people have been getting convicted in exactly these circumstances arising from Oxegen and have had to take an appeal to keep their previously unblemished records clean.

horsebox1977

howaya2010 wrote: »

What position would one be in if say they accidentally had 2 ecstasy tablets on their person and were arrested at oxygen? I would like people’s opinions on the action that would be taken against this person

For arguments sake this person has no previous convictions of any kind and signed a statement saying he had the pills on his person because of peer pressure

Your looking at a fine between 500 and 2000 -
Kildare Court house usually have a field day for this.
You will be summoned to court along with around 500 others and be given a 500 to 2000 euro fine.
if you pay the bigger fine it will not go down as a criminal offense.

baltimore sun

move house and dont leave a forwarding address.
Your name be wiped off the system after 3 years

Esoteric_

baltimore sun wrote: »

move house and dont leave a forwarding address.
Your name be wiped off the system after 3 years

Do you realize how stupid it is to suggest that the OP run from an arrest? They would put a warrant out for his arrest.

Delancey

I must say I just love the bit about the tablets being on the person '' accidentally ''.......brilliant !

Irishoz

My mate got found in with weed at oxegen about 4 years ago. The guards took it off him and summoned him to Naas court. He had 2 options. 1.) He would be prosecuted by the court and would end up with a criminal record for drugs or 2.) pay a e1000 fine which I think was donated to some charity or something and he would have nothing put on his record. He chose to pay e1000 as having a drug conviction basically ends any chance of you every being accepted for a visa for any country in the world! I read in the paper over the weekend that this is how they are still handling drug offenses

I'd say the same would apply for pills

Improbable

Irishoz wrote: »

My mate got found in with weed at oxegen about 4 years ago. The guards took it off him and summoned him to Naas court. He had 2 options. 1.) He would be prosecuted by the court and would end up with a criminal record for drugs or 2.) pay a e1000 fine which I think was donated to some charity or something and he would have nothing put on his record. He chose to pay e1000 as having a drug conviction basically ends any chance of you every being accepted for a visa for any country in the world! I read in the paper over the weekend that this is how they are still handling drug offenses

I'd say the same would apply for pills

according to citizensinformation.ie, the penalty for marijuana is lower than that of other drugs.

amen

not really on the thread topic so feel free to move but
is it acceptable that if you can pay the higher fine you get no conviction?

maybe be if we had some jail time for all users we would have less suppliers?

Improbable

amen wrote: »

not really on the thread topic so feel free to move but
is it acceptable that if you can pay the higher fine you get no conviction?

maybe be if we had some jail time for all users we would have less suppliers?

jail time for users would not affect suppliers to any substantial degree.

Reloc8

A lot of people are in favour of stiff treatment of offenders, even young (and not so young) first-timers, in order to secure a (possible) system/societal benefit, of deterring others from doing what they have done.

It's a common enough view, which generally doesn't survive the point at which the person who holds it, or a friend or family member, taking a wrong turn in life and ending up on a charge. On this occurring it is usually canvassed on their behalf that they are exceptional/to be treated as an exception/to have the benefit of a discretion exercised on their behalf.

On the 'pay a higher fine or get convicted' what is actually happening is that people who seek to mitigate the offence along the following lines...

- I never did it before.
- this has been an awfully powerful salutary experience.
- I'll never do it again.
- It would seem harsh to ask me to bear a lifetime consequence of a serious nature (jail (?)/conviction for a 'moments madness which won't be repeated involving the commission of a (relatively) less serious offence...

...are invited to demonstrate the seriousness of their remorse by handing over a wedge of cash to a charity/'court poorbox' in order not to carry a criminal conviction. The charge is then either struck out, or dismissed with the benefit of the Probation of Offenders Act 1907, the court being of the view that it is an appropriate case to exercise its jurisdiction to do so.

I believe this is indeed an appropriate jurisdiction to exercise in many first-time-offenders cases. I agree also that a person should not be excluded from it by virtue of being of lesser means. The amount considered appropriate should reflect individual circumstances.

The court is usually (or should be) applying a logic of 'you have money for oxegen/drugs at oxegen therefore you can come up with money for this, if indeed you are serious in your plea that you are sorry/learned a lesson/appreciate how serious the matter could be for you'.

If it were me as judge, I might be very much less inclined however to accept payment of money as part of 'the deal'...I'd be looking for substantially convincing material that the person in question appreciated the nature of what they have done, what they are funding, who their money (for the drugs) has gone to.

This could incorporate lots of stuff but I like the idea of voluntary work with persons affected by drug use over a period of time, at which point I would be willing to consider letting the person in question have a second chance by way of not convicting them.

Our man in Havana

Judge Mary Martin once remarked in Portlaoise district court after the electric picnic, "It has been a good week for the tailors".

Delancey

She also famously once remarked how every year as a result of Electric Picnic drug arrests she had trainee Solicitors/Barristers appearing before her as defendants

smokin ace

howaya2010 wrote: »

What position would one be in if say they accidentally had 2 ecstasy tablets on their person and were arrested at oxygen? I would like people’s opinions on the action that would be taken against this person

For arguments sake this person has no previous convictions of any kind and signed a statement saying he had the pills on his person because of peer pressure

i have a question why was one arrested unless one wass messing or acting a gob siht for to be arrested or did the gaurds seen one buying the e-pills and if that was the case you should be arrested for being such a fool

howaya2010

The individual in question was quite drunk at the time. did not have a ticket and was trying to sneak in and was moderatly uncooperative with the gaurds. The individual is also a moron.

I think this may work against the individual. What do people think?

Would it be a good idea to claim they were herbal ecstasy from a head shop or should bull**** be kept to a minimum?

smokin ace

howaya2010 wrote: »

The individual in question was quite drunk at the time. did not have a ticket and was trying to sneak in and was moderatly uncooperative with the gaurds. The individual is also a moron.

I think this may work against the individual. What do people think?

Would it be a good idea to claim they were herbal ecstasy from a head shop or should bull**** be kept to a minimum?

herbal ecstasy get real its simple to send to the lab to prove what it is and thats more than likely thats what the guards will do to have prove of evidence for the judge but if the thick head kicked up with the guards they might include resisting arrest and drunk and disorderly into the summons list

Reloc8

howaya2010 wrote: »

The individual in question was quite drunk at the time. did not have a ticket and was trying to sneak in and was moderatly uncooperative with the gaurds. The individual is also a moron.

I think this may work against the individual. What do people think?

Would it be a good idea to claim they were herbal ecstasy from a head shop or should bull**** be kept to a minimum?

Yes.

I think you've got about enough of a steer to take back to this individual. All else is ill-founded speculation and not helpful.

Dilynnio

Not having a ticket and trying to sneak in will be seen as trespassing....it is a serious crime and can be punishable.

Trespassing and possession and being uncooperative.......not a good sign to be honest.

Get proper legal advice.

It will probably get a mention in the local paper at the time of the court appearance. They usually like to name and shame.

howaya2010

Found a great place to get started on getting free legal aid and advise, as well as a Locall help line, for anyone who is interested www.flac.ie.

Reloc8

On behalf of everyone, you're welcome.

Iif you need to ring FLAC to be told go and get a solicitor...go for it