Just received summons for possession of cannabis

Maxpv

Hi guys,

I've just received a summons for possession of cannabis, and I'd like to ask for your advice on the situation.

September last year, I was walking around town looking for a friend, when an unmarked Garda car pulled up beside me. They said I looked suspicious and asked me what I was doing, I told them I was walking around looking for a friend who had a bit too much to drink to make sure he was OK. They didn't believe a word of it, accused me of lying and kept asking me to tell them the truth about what I was doing.

After a few minutes of discussion, one of the Gardai asked if I had my phone, I told him no. He hopped out of the car and asked me what I had in my pockets. I told him I had my wallet and my ID. He then began to put his hand into my pocket, I said to him "I'm not consenting to any searches" he ignored me. He found 1.5g of cannabis on me, along with my wallet and ID.

He asked me where I got it, I said that I was not going to answer that, He then accused me of being a dealer, and asked me many personal questions including where I went to college, how I paid for college, where I work etc. I answered all of his questions.

He then told me that unless I told him where I got it, I would be arrested and would go to court for possession. He made it clear that it would be dealt with on the spot if I told him and I would not go to court.

I told him who I bought it off, when and where. They took my cannabis, copied my details off my ID, asked for my phone number and went on their way.

That was September last year, and about an hour ago, a Garda showed up at my door with a summons for possession of cannabis. I honestly can't believe they want to go to court for such a small amount of cannabis. I had no previous with the Gardai, I'm an 18 year old student and I told them who I got it off.

Is there any advice you guys can give me? I obviously don't want to go to court for this, and don't want to get in any trouble. I can't afford to pay any fines.

Zambia

You can afford to buy cannabis?

Mate you need to talk to a solicitor.

Garda have the right to search for drugs even if you don't consent. Fact is you have committed a Crime and you have been caught.

Best of luck

JellyBeans123

You can't afford to pay a fine, yet you could afford to buy drugs?

You broke the law, now you will face the consequences.

Delancey

Somebody on this forum ( can't remember who ) has a sig that quotes a Judge saying '' If he can afford a Lady of the Night he can afford a Solicitor ''

Zambia

A hooker might make you fell better about it? I think Delancey is on to something there.

Sorry OP I know we jest but we cant give out legal advice its against charter.

mkie

go into the station, ask to see the super intendent in charge, tell him that you informed who the dealer was, that you stuck up to your end of the deal, and that it would paint the gardai in a very poor light, that they are breaking promises in return for intel.

Obviously if it goes to court, dont tell anyone that you co-operated, or you could be in for a hiding!:cool:

Zambia

I am only guessing here but I dont think that is going to help.

I am guessing Gardai cant be taking cannabis of people and not charging them.

mkie

so am I, but it would be detrimental to the gardai. Hearing this story would stop potential rats from ratting out their dealers and leading to less drug dealer arrests!

NoQuarter

Have I accidentally wandered into after hours??

Maxpv

JellyBeans123 wrote: »

You can't afford to pay a fine, yet you could afford to buy drugs?

The price of the bag of weed was significantly less than the potential fine (apparently up to €635 for a first offense).

mkie wrote: »

go into the station, ask to see the super intendent in charge, tell him that you informed who the dealer was

This is what the Garda who served the summons said to do. She was actually very surprised when I told her I had told the Gardai where I got it and the amount of cannabis I had been caught with. I think she thought I was lying.

Zambia wrote: »

I am guessing Gardai cant be taking cannabis of people and not charging them.

Actually, I clearly remember reading that Gardai usually don't prosecute for possession of under 28 grams of cannabis. The reason being that the drugs need to be sent to a lab in Dublin in order for it to be proved they are drugs and this is usually a 2 month wait which involves lots of paperwork. I also have many friends who were caught with small amounts of cannabis (most we're much larger than what I was caught with) and did not go to court over it.

Zambia

mkie wrote: »

so am I, but it would be detrimental to the gardai. Hearing this story would stop potential rats from ratting out their dealers and leading to less drug dealer arrests!

Most People will always rat out their dealers. There are no atheists in a Fox hole.

MyPeopleDrankTheSoup

mkie wrote: »

that it would paint the gardai in a very poor light

yeah, i'm sure lecturing the guards that they'll look bad will help the situation.

sorry OP, just sounds like you got mad unlucky

mkie

Blazr wrote: »

The price of the bag of weed was significantly less than the potential fine (apparently up to €635 for a first offense).



This is what the Garda who served the summons said to do. She was actually very surprised when I told her I had told the Gardai where I got it and the amount of cannabis I had been caught with. I think she thought I was lying.

Then why are you ranting on here about what to do? just poking your head out in case your dealer spots you?? for your sake the less people you tell your a rat to the better! you should not have started this thread!:cool:

mkie

georgiecasey wrote: »

yeah, i'm sure lecturing the guards that they'll look bad will help the situation.

sorry OP, just sounds like you got mad unlucky

see post 10 brain box!:cool:

Zambia

Blazr wrote: »

Actually, I clearly remember reading that Gardai usually don't prosecute for possession of under 28 grams of cannabis. The reason being that the drugs need to be sent to a lab in Dublin in order for it to be proved they are drugs and this is usually a 2 month wait which involves lots of paperwork. I also have many friends who were caught with small amounts of cannabis (most we're much larger than what I was caught with) and did not go to court over it.

Fact is this Garda is charging you. Regardless what your friends have said and what you have read elsewhere the reality is on the charge sheet in front of you.

Maxpv

mkie wrote: »

Then why are you ranting on here about what to do? just poking your head out in case your dealer spots you?? for your sake the less people you tell your a rat to the better! you should not have started this thread!:cool:

Do you really think that its possible that a small-time drug dealer is going to be browsing Boards, stumble across this thread, look at my made-up username (which I only use on this site), and suddenly think, hold on, that guy I sold a small amount of drugs to last year may be a rat?

mkie

the prosecuting garda can drop this. the prosecuting garda can be persuaded to by the super! €50 quid says, if you do this the case will be dropped. if you go to the station with your mother, il up the wager to €100

Ken.

If the op was under 18 (not saying he was) at the time can a guard still search him? Just wondering.

mkie

Zambia wrote: »

Fact is this Garda is charging you. Regardless what your friends have said and what you have read elsewhere the reality is on the charge sheet in front of you.

Blazr wrote: »

Do you really think that its possible that a small-time drug dealer is going to be browsing Boards, stumble across this thread, look at my made-up username (which I only use on this site), and suddenly think, hold on, that guy I sold a small amount of drugs to last year may be a rat?

well from a quick glance at your page we can see that you import and sell laptops, this would stick out to any of your friends. you are also into some class of computer programming further narrowing you down.

Just dont be stupid!

mkie

lucyfur09 wrote: »

If the op was under 18 (not saying he was) at the time can a guard still search him? Just wondering.

yup!

MagicSean

Have you tried contacting the prosecuting garda and asking him whats up?

Zambia

mkie wrote: »

the prosecuting garda can drop this. the prosecuting garda can be persuaded to by the super! €50 quid says, if you do this the case will be dropped. if you go to the station with your mother, il up the wager to €100

So a case goes before the court to be heard by a judge.

Then you go to a Super at a station and he can basically override the court? Does not seem right.

Maxpv

Zambia wrote: »

Garda have the right to search for drugs even if you don't consent.

Slightly off topic, but, does that mean that even though we have a legal right to refuse a search, that right isn't worth the paper its written on because a Garda can say the search was conducted under the Misuse of Drugs Act?

So basically, this means a Garda can grab someones arse and claim he was looking for drugs?

mkie

Zambia wrote: »

So a case goes before the court to be heard by a judge.

Then you go to a Super at a station and he can basically override the court? Does not seem right.

nope, has to be done before court

Maxpv

MagicSean wrote: »

Have you tried contacting the prosecuting garda and asking him whats up?

Trying that tomorrow, as I've only just got the summons. I had no idea any of this was happening. Had no contact from Garda since the incident.

Zambia

The power to search for drugs would not be worth anything if anyone could refuse it.

The Garda will be able to list the reasons why he suspected you had drugs on you. The one that springs to mind from your OP is your were evasive when questioned and nervous in police presence.

Maxpv

Zambia wrote: »

The Garda will be able to list the reasons why he suspected you had drugs on you. The one that springs to mind from your OP is your were evasive when questioned and nervous in police presence.

Even if I had commited no crimes, I would always be weary of answering a Garda's questions. I like my privacy, I have a right to it, I have a right to remain silent and not answer any of his questions. I was actually being co-operative by not using my right to remain silent. I didn't want to self-incriminate myself for any crime.

I also didn't want to be searched for a few different reasons:
I don't like people going through my personal belonging's
If you agree to a search and a Garda damages your property during it, he is not liable for the damage.
How was I to know this was a Garda, he came out of an unmarked car, showed no ID, this could have been anyone wearing a Garda uniform.

Nobody likes being questioned by the police, Does anyone here enjoy being interrogated by the police? I was being accused of all sorts of stuff, most people would be very nervous in my situation.

Also, I actually had no idea I had the drugs in my pocket. I was drinking earlier in the day and actually couldn't find the bag and was looking everywhere for it, the Garda had no bother finding it for me though

Zambia

I hear what you are saying but its now down to a court to decide if he had the right to search you if you contest the charge.

He can even use the area you are in as a grounds to search you.

Mr Jinx

Blazr wrote: »

Hi guys,

I've just received a summons for possession of cannabis, and I'd like to ask for your advice on the situation.

September last year, I was walking around town looking for a friend, when an unmarked Garda car pulled up beside me. They said I looked suspicious and asked me what I was doing, I told them I was walking around looking for a friend who had a bit too much to drink to make sure he was OK. They didn't believe a word of it, accused me of lying and kept asking me to tell them the truth about what I was doing.

After a few minutes of discussion, one of the Gardai asked if I had my phone, I told him no. He hopped out of the car and asked me what I had in my pockets. I told him I had my wallet and my ID. He then began to put his hand into my pocket, I said to him "I'm not consenting to any searches" he ignored me. He found 1.5g of cannabis on me, along with my wallet and ID.

He asked me where I got it, I said that I was not going to answer that, He then accused me of being a dealer, and asked me many personal questions including where I went to college, how I paid for college, where I work etc. I answered all of his questions.

He then told me that unless I told him where I got it, I would be arrested and would go to court for possession. He made it clear that it would be dealt with on the spot if I told him and I would not go to court.

I told him who I bought it off, when and where. They took my cannabis, copied my details off my ID, asked for my phone number and went on their way.

That was September last year, and about an hour ago, a Garda showed up at my door with a summons for possession of cannabis. I honestly can't believe they want to go to court for such a small amount of cannabis. I had no previous with the Gardai, I'm an 18 year old student and I told them who I got it off.

Is there any advice you guys can give me? I obviously don't want to go to court for this, and don't want to get in any trouble. I can't afford to pay any fines.

it was probably at about this time that he decided to prosecute you.

Maxpv

I just done some investigations, and I've just found out that the person I bought the drugs off is now serving a significant amount of time for a very serious non-drug related offense. Perhaps this is the reason they decided to summons me instead of letting me off for giving out the info.

MagicSean

Blazr wrote: »

I just done some investigations, and I've just found out that the person I bought the drugs off is now serving a significant amount of time for a very serious non-drug related offense. Perhaps this is the reason they decided to summons me instead of letting me off for giving out the info.

Or perhaps they realised you were suspected of informing and summonsed you to help your deniability.

Maxpv

MagicSean wrote: »

Or perhaps they realised you were suspected of informing and summonsed you to help your deniability.

Nobody knows that I ratted or was even caught with anything. I honestly doubt the Gardai would do that, and I also doubt that my information was the info they used to catch this guy as it was a completely unrelated crime he got locked up for. It wasn't drug related.

impr0v

It's been a while since I did criminal procedure, and I don't practice in the area, but I'm pretty sure that a Garda can only perform a search without your consent pursuant to certain specific legislative provisions. As someone else has said above, I'm sure the Misuse of Drugs Act contains one such provision.

The Garda is required to ask you to consent to a search before he or she performs it and, if you refuse, to identify the provision that they are invoking in order legally to perform the search without your consent. A failure to follow this procedure will, again if I remember correctly, render the fruits of the search inadmissible as evidence.

Of course, even if I am right, it will still come down to the Garda's word against yours.

MyPeopleDrankTheSoup

Blazr wrote: »

Do you really think that its possible that a small-time drug dealer is going to be browsing Boards, stumble across this thread, look at my made-up username (which I only use on this site), and suddenly think, hold on, that guy I sold a small amount of drugs to last year may be a rat?

You're dead right about the chances of the dealer browing boards but I just got your name and address from your posts so nothing safe on the Net.

But I use my real name everywhere and I regret it, one chick had a good look at my boards posts before a first date!

Again, you got mad unlucky. Definitely get your parents involved, it'll look very good. I know you probably don't want to tell them but it's for the best.

Finnbar01

Blazr wrote: »

Nobody knows that I ratted or was even caught with anything. I honestly doubt the Gardai would do that, and I also doubt that my information was the info they used to catch this guy as it was a completely unrelated crime he got locked up for. It wasn't drug related.

Did the garda mention what act he was searching you under?

Jake Rugby Walrus666

I love the way throwing out a name on the side of the road is now 'intel' and 'ratting'. OP I think you and your wife need to go into the witness protection program.

If you had a place and time where a properly identified person had something he shouldn't have (of significance) - then you might have something to bargain with. (and you still do if you did)

Maxpv

Finnbar01 wrote: »

Did the garda mention what act he was searching you under?

No, he did not even tell me he was searching me.

charlemont

Zambia wrote: »

Most People will always rat out their dealers. There are no atheists in a Fox hole.

A person with honour will just make up a name instead
God almighty its only a tiny piece of Cannabis.

BTW You will only get a fine for it.

Zambia

True it is tiny and yes I cant see the OP doing any time

MagicSean

charlemont wrote: »

A person with honour will just make up a name instead
God almighty its only a tiny piece of Cannabis.

BTW You will only get a fine for it.

A person with honour?

source

Op a few points.

1, The Garda has the right to search you under section 23 misuse of drugs act, whether you consent to the search or not.

2, The Garda probably went back to the station, put the paper forward outlining your co-operation and was told to prosecute by the local inspector.

3, The Garda suspected you were being evasive and probably had drugs on your person, he decided to search and was proved right.

4, The Garda does not have to quote legislation to you, and could have detained you for a search in the station if you resisted the search.

Maxpv

I've just talked to the Garda who was the applicant for this summons.

source wrote: »

The Garda probably went back to the station, put the paper forward outlining your co-operation and was told to prosecute by the local inspector.

This is what happened. He was told to prosecute anyways by a higher-up, even though the amount involved was tiny and I had provided info.

After talking with him on the phone, I'm much more relaxed about the whole situation. He said the fine is usually around €50 and it won't affect me from getting a visa for another country in the future. He also told me that he was going to see if there was anything he could do to get the charges dropped, so I may not need to go to court.

MagicSean

Blazr wrote: »

I've just talked to the Garda who was the applicant for this summons.



This is what happened. He was told to prosecute anyways by a higher-up, even though the amount involved was tiny and I had provided info.

After talking with him on the phone, I'm much more relaxed about the whole situation. He said the fine is usually around €50 and it won't affect me from getting a visa for another country in the future. He also told me that he was going to see if there was anything he could do to get the charges dropped, so I may not need to go to court.

You should still go to court.

Corruptable

You should definitely still go to Court! It's a fact that you're more likely to get off with the minimum punishment if you actually show up in court, as judges tend to appreciate the fact that you did show up to answer the charge, even if you've nothing to say or any defence.

I'm sure it's not a big thing, but as I understand it, members of AGS carrying out a search are obliged to inform the person what powers they are invoking (if you didn't consent), normally Misuse of Drugs legislation, and/or explain it in plain language. As a poster has already noted, it's your word against the Garda's but generally its "best practice" for them to explain.

Maxpv

MagicSean wrote: »

You should still go to court.

I think I explained myself wrong, or maybe I misunderstood, but apparently the super can basically cancel a summons in certain situations (thats the jist of what the applicant Garda said anyway). I don't expect this to happen. I should hear back from the Garda tomorrow anyways.

mkie

Blazr wrote: »

I think I explained myself wrong, or maybe I misunderstood, but apparently the super can basically cancel a summons in certain situations (thats the jist of what the applicant Garda said anyway). I don't expect this to happen. I should hear back from the Garda tomorrow anyways.

that sounds a lot like what some one said yesterday :cool:

ieoinu

Discussing any break that you may get on here is stupid and I can guarantee if the guard/his superiors in question were to find out you will def find yourself going up the steps. The whole idea of providing information is confidentiality, both on behalf of the garda and the suspect!

evolving_doors

could there be any chance that the evidence of 1.5 gm could be questionable,

Just wondering if a summons could be served without the alleged substance having been sent to a lab to be tested? Who.s to say the stuff wasn't a bit of turf..

clutching at straws I know but more of a technical question if anyone would care to answer...

drunkmonkey

Armelodie wrote: »

could there be any chance that the evidence of 1.5 gm could be questionable,

The fact that it's worth about €10 makes the whole court case absurd. I presume it's the Garda, Judge, Solicitor who will all make money on this. OP might get fined €50. The cost to the tax payer on the other hand probably runs into thousands or euro. If one road death costs the sate €1 million, how much is this all costing?
If the Government were serious about helping people, OP would have been hit with an on the spot fine and given 2hrs free with a Drugs councilor not waisting our money on the district court circus.

A farcical case, A farcical war.

MagicSean

Armelodie wrote: »

could there be any chance that the evidence of 1.5 gm could be questionable,

Just wondering if a summons could be served without the alleged substance having been sent to a lab to be tested? Who.s to say the stuff wasn't a bit of turf..

clutching at straws I know but more of a technical question if anyone would care to answer...

Presumptive drug testing can be used in these cases to confirm it is cannabis.

drunkmonkey wrote: »

The fact that it's worth about €10 makes the whole court case absurd. I presume it's the Garda, Judge, Solicitor who will all make money on this. OP might get fined €50. The cost to the tax payer on the other hand probably runs into thousands or euro. If one road death costs the sate €1 million, how much is this all costing?
If the Government were serious about helping people, OP would have been hit with an on the spot fine and given 2hrs free with a Drugs councilor not waisting our money on the district court circus.

A farcical case, A farcical war.

How do the Garda or judge make money out of it? The judge gets paid anyway and gardai rarely get overtime for court anymore. The solicitor would probably charge less in a case like this than you woul pay for two hours of counselling.

drunkmonkey

MagicSean wrote: »

Presumptive drug testing can be used in these cases to confirm it is cannabis.

How do the Garda or judge make money out of it? The judge gets paid anyway and gardai rarely get overtime for court anymore. The solicitor would probably charge less in a case like this than you would pay for two hours of counselling.

What's presumptive drug testing, surley a Garda can't make an assumption and then prosecute somebody based on that? I'm sure any lawyer worth their salt won't let someone take a wrap based on an assumption.

Do Garda go to court on their days off? As for Judges getting paid anyway should we keep the laws just to give them work? I don't see your point.

If this goes to court it should be the Garda locked up for waisting state time and money over a €10 piece of weed. He got his intelligence and a bigger fish. He's without honor if he pursues this. OP is without honor as it is, it's a case of the pot and kettle with this one.

I do see the point in this case that OP had a relationship with someone now serving time, it could be viewed as irresponsible for the Garda not to try and get something marked on OP's record to either frighten him not to step out of line again and if he does that they will have some previous on him but were back to the point that OP is only meeting dodgy Characters because a archaic law which I believe is in breach of one of out most human rights.

The push for change on this needs to come from the Justice System. Tolerance and Rehabilitation need to be addressed but there being squandered for the sake of €50 to a poor box and to keep idle Judges busy.

This in an Interesting article for Richard Branson CEO of a large corporation to put on the company website recently. http://www.virgin.com/richard-branson/blog/time-to-end-the-war-on-drugs