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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

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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.

MagicSean

My name is URL wrote: »

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?

It has been ammended in 2001 I think. Thats just the original law.

minidazzler

OP, if you don't have a solicitor either get one, or ask the judge nicely as you can to let you make a charitable contribution rather than pay a fine.

If I remember correctly a fine is a conviction, you obviously don't want a conviction.

Look sad and down trodden. Dress well enough. Pray the judge got laid the night before.

Lone Stone

over 50's worth hmm they could try get you with intent to sell tbh.

Id mention if i were you that you were told if you gave him what you had that would be it.

Spiritoftheseventies

Bonito wrote: »

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.

Don't think pedestrians actually realise how annoying it is when pedestrians walk casually across a busy road.
Some of them seem to be in a different world of their own.

Renraw2

OP, hope it goes ok for ya....Make a donation as mentioned in previous posts to a court charity. There are some liberal judges out there and are lenient. I know this from experience and wholly understand where you're coming from. Hope it goes well for ya

star.chaser

they have six months to summon you to court. sounds like they're a few weeks late?
Anyhow, if it arrived by normal post, ignore it. You never got it. Same way people always get out of traffic offenses.

Bonito

Spiritoftheseventies wrote: »

Don't think pedestrians actually realise how annoying it is when pedestrians walk casually across a busy road.
Some of them seem to be in a different world of their own.

Allow me to elaborate. From what I understand of jaywalking is this: Even if you were to cross the road while it was completely empty an officer can charge you with jaywalking. AFAIK you HAVE to use lights/zebra crossings on main roads, no matter how quiet they are.

In Ireland, from what I understand, you would only be charged if you're to cross the road without lights/zebra crossings IF there was a busy flow of traffic. If there's no traffic you can cross where you want.

Remember, most pedestrians probably have a car of their own too. They're hardly going to sprint across the road 2 inches from peoples bumpers, unless it was an emergency.

CathalDublin

Don't get a solicitor, you will be wasting your money unless it was over an ounce or split up into bags which looked like you were selling it. If its serious enough for a solicitor which I highly doubt it is they will tell you on the day to come back on said date with one!
Plead guilty or you will need to go back to court with a solicitor on a different date and it will get very expensive/messy
You will be asked what you earn/if your working, if you have any dependants, etc then the amount will be decided for what you pay
€100 charity box under the probation act as you've no previous convictions, the guards rarely even show up in court for these cases
€200 max from experience

CathalDublin

star.chaser wrote: »

they have six months to summon you to court. sounds like they're a few weeks late?
Anyhow, if it arrived by normal post, ignore it. You never got it. Same way people always get out of traffic offenses.

Don't think thats right
Think its 6months to file it with the DPP and another 6 possibly 12 for them to take action

Degsy

Bring 100 quid for the court poor box,plead guilty and say you've never used it before or since and tell the judge how much you regret the incident.
If he has any sense he'll apply the Probation Of offenders act and you'll walk out without a conviction.