Possession or not?

SayWhaaat

Hi,

I was at the pub the other night. Got bladdered drunk and someone asked me did I want to buy approx 50 euro worth of weed. For some reason or another I have a close friend that loves it and thought it would be a nice gift. Lord only knows why I paid that much (I don't smoke it).

However I got insanely drunk. Beyond the point that I knew I wouldn't get home safely on my own. I asked the bouncers to hail me a taxi as I was having trouble walking and was abit scared to say the least. That's when things got hazey.

Long story short I woke up in my bed the next day and my next door neighbour texted me what happened. That night I got out of a garda car. Apparently the they were being extremely nice to me asking was this definitely my house and will I be okay getting in to which I said yes and thanked them a huge deal for getting me home before stumbling in.

However here's the problem. I left my jacket in the car. The jacket with my student i.d that I use to go out and, you guessed it the illegal bag which is currently in my wallet to the best of my knowledge in my jacket. In possession of the guards.

So what can I expect of this. My identification is right next to it. Can I expect a friendly call from the police? Or will they just laugh and throw it out. Either way I've learned. stay away from drugs kiddies. and if you're inclined that way, try not to mix them with police.

Pat Mustard

I'd be shopping for a new jacket.

It's posession for sure. But do you know for certain you left your jacket in the Garda car?

First offence, so they may go easy on you. Go collect your jacket and face the music.

ComfortKid

Collect the jacket. They might not have even searched it.

SayWhaaat

Almost certain. I have the ticket in my jeans for the cloakroom. No jacket in the House.

First offence. 50 bag (approx 3 grams from my research) I'm more than willing to own upto it as it was down to my own poor judgement. How might I expect this to play out?

SayWhaaat

And to clarify, the bag was in my wallet in my jacket pocket

Pat Mustard

Deleted User wrote: »

Go collect your jacket and face the music.

Easy on the advice there.

You are advising this guy to ask for his jacket back? With a big bag of weed in the pocket? Are you for real?

The Mustard

The Mustard wrote: »

Easy on the advice there.

You are advising this guy to ask for his jacket back? With a big bag of weed in the pocket? Are you for real?

It's with his wallet and his student card. Not much investigating for the Garda who will remember dropping him home. He may as well go to them before they come to him.

Dog of Tears

Tell them you only bought it for your friend.

They're bound to believe you.

SayWhaaat

Dog of Tears wrote: »

Tell them you only bought it for your friend.

They're bound to believe you.

I won't even insult them with an excuse they might have heard more than they can count. I'm just wondering do I expect a summons? When? And what can I expect along the lines of the next few months

SayWhaaat

From my very blotchy memory I might have gotten my jacket earlier in the night. And lost it before the guards showed up Would it be a bit naive to ring up the guards asking if they have it? If they do I can expect a summons anyways since It's deemed possession from what's been said here

SayWhaaat

SayWhaaat wrote: »

I won't even insult them with an excuse they might have heard more than they can count. I'm just wondering do I expect a summons? When? And what can I expect along the lines of the next few months

It's a first offence and not a large quantity to make it look like you are supplying. Highly unlikely they will take it as far as a court case.

SayWhaaat

Deleted User wrote: »

It's a first offence and not a large quantity to make it look like you are supplying. Highly unlikely they will take it as far as a court case.

Hi derekeire. If it won't reach the courts would it be consider dropped or another penalty? Forgive my naivety. I suppose I should be greatful I'm not too accustomed to this

Thanks

Pat Mustard

SayWhaaat wrote: »

I won't even insult them with an excuse they might have heard more than they can count. I'm just wondering do I expect a summons? When? And what can I expect along the lines of the next few months

Spend the price of a consultation with a solicitor who does criminal district court work and ask him if you should collect the jacket.

It's a very particular set of facts and it would be worth getting a professional opinion on whether the State would have a difficulty proving possession, as matters stand, before you collect it.

Pat Mustard

Deleted User wrote: »

It's a first offence and not a large quantity to make it look like you are supplying. Highly unlikely they will take it as far as a court case.

Mod:

That's legal advice. It's not allowed.

SayWhaaat

SayWhaaat wrote: »

Hi derekeire. If it won't reach the courts would it be consider dropped or another penalty? Forgive my naivety. I suppose I should be greatful I'm not too accustomed to this

Thanks

It's likely you will get a caution and that could be the end of it. If they prosecuted everyone for posession of €50 bags, the courts would be Choka and no room to prosecute all the guys who forget to pay their penalty points or tv licence. Have seen it happen on several occasions - not to me though lol.
Hopefully you left the jacket elsewhere. Either way, don't get overly stressed about it.

Kristopherus

SayWhaaat wrote: »

Hi derekeire. If it won't reach the courts would it be consider dropped or another penalty? Forgive my naivety. I suppose I should be greatful I'm not too accustomed to this

Thanks

Any chance the "friend" would help you out?

SayWhaaat

Thank you everyone. Regardless of how it plays out I want to consider myself responsible enough to own up to my actions. In regards to a caution. Can anyone explain the procedure of it? I know I would have to sign something. But would the garda be turning up at my door? Issuing it to me via post? Phone call? I would hate to worry my parents who I still live with. Does the caution explain what the offence was?

Thanks

blindside88

If the OP does go to the station and say he was going to give it to a friend he surely runs the risk of being prosecuted for heaving drugs for sale or supply, where as if he says it was his he is more likely to get a caution. Am I right in that or is a caution based on the amout of the drug rather that the intended use?

Has never happened me just curious

Fred Swanson

This post has been deleted.

ComfortKid

Just go and collect the jacket will you and stop freeking out, its a few grams for god sake they would just confiscate it and tell you if it happens again you're in trouble. There's no official caution in Ireland, thats English law. They mightnt of even checked your wallet anyway but if you dont collect it soon they might look through it for a phone number or something to return it!

DeepSleeper

If the cloakroom ticket is in your jeans, then perhaps the jacket is still in the cloakroom...

derossi

I wouldn't collect it. Any conviction for a drug offence would have travel implications down the line. Although it may be unlikely anything may happen, why present yourself to them.

SayWhaaat

DeepSleeper wrote: »

If the cloakroom ticket is in your jeans, then perhaps the jacket is still in the cloakroom...

This particular pub in question gives you the numbered ticket they used to identify it as your jacket. A different colour to the one I used to collect it. Apologies for the confusion

evolving_doors

You say you left the jacket in their car.. how do you know this, when you can't remember getting home? If you are assuming this then why did you take off your jacket on a winter's night ,then, carry it around with you and end up in the squad car (still carrying it around with you). MAybe go back to the club as you still seem to have the ticket! (Why would you still have a ticket for the jacket you collected?)

Why would the guards be giving you a lift home? Was it because of the weed (which was in your wallet all the time!) You might need to have a long think about why they picked you up.... were you passed out... do you have a history of becoming aggressive when inebriated? I would assume then they would have given you your jacket back (it's hardly evidence!) and then you left it in their car (although I would think that they'd have given a glance back before letting you out! or returned the jacket if they were passing later).

There're too many questions that don't add up to what you think the story appears to be (which is in line with boozy nights anyway).

So..
Scenario 1:
say , they arrested you for weed.. what's your next course of action. I'd say do nothing and let due process take it's course, it'll do that anyway without your intervention. Then your into the process of seeking proper legal advice etc.

Scenario 2:
Suppose they didn't arrest you for the weed. Follow the logic, some guard has some joes jacket that has nothing to do with his daily work (assuming you were in the car for a 'non-weed' reason). It's the end of a busy night and he searches the jacket for ID.. finds your student ID and throws it into the station and says that someone might be around to collect it... In which case WHY COLLECT IT?
Is that guard going to go on a solo run to make work for himself by trying to connect you to some jacket after a nights drinking? Possibly, but then you are into scenario one.. in which case it's do nothing until you hear more again.

Who knows maybe you aren't at the address anymore when a possible summons appears as you are in college.. so to do the right thing would be to go to the garda station and fess up and make sure to tell them where you are moving to!

Pat Mustard

Mod:

Any further comments on potential penalties or whether there is enough quantity to justify a prosecution for simple possession versus possession with intent to supply will incur infractions for breach of forum charter.

Legal advice is not allowed. No more legal advice, please.

I don't know how people can assert that possession of cannabis is unlikely to be prosecuted. People get prosecuted for petty crime and possession of cannabis every day of the week.

SayWhaaat

Armelodie wrote: »

You say you left the jacket in their car.. how do you know this, when you can't remember getting home? If you are assuming this then why did you take off your jacket on a winter's night ,then, carry it around with you and end up in the squad car (still carrying it around with you). MAybe go back to the club as you still seem to have the ticket! (Why would you still have a ticket for the jacket you collected?)

Why would the guards be giving you a lift home? Was it because of the weed (which was in your wallet all the time!) You might need to have a long think about why they picked you up.... were you passed out... do you have a history of becoming aggressive when inebriated? I would assume then they would have given you your jacket back (it's hardly evidence!) and then you left it in their car (although I would think that they'd have given a glance back before letting you out! or returned the jacket if they were passing later).

There're too many questions that don't add up to what you think the story appears to be (which is in line with boozy nights anyway).

So..
Scenario 1:
say , they arrested you for weed.. what's your next course of action. I'd say do nothing and let due process take it's course, it'll do that anyway without your intervention. Then your into the process of seeking proper legal advice etc.


Who knows maybe you aren't at the address anymore when a possible summons appears as you are in college.. so to do the right thing would be to go to the garda station and fess up and make sure to tell them where you are moving to!

I won't lie and say I remember the way home. For all I know they might have held me. But to drop me home? i assumed they'd keep me over night. How long would I wait until a summons if they decide to go ahead with it? I suppose it's the not knowing that's at me but no one else to blame but myself.

Pints?

Tell them the bag of weed was just resting in your pocket!
But seriously, dont go looking for it. If they come to you, fair enough, take it on the chin, but other than that just be on the look out for a new jacket.