Caught with small quantity of drugs

Lon.C · 03-05-2013 01:05AM

On topic. I was caught in a similar situation to the OP. Small amount, I thought the guard had let it go. I think it was the last week in May, or the start of June when the summons arrived for a mid-June court date in Portlaoise. It was very relaxed atmosphere in court.Some cases before mine had the whole court in stitches. Those with small amount possessions got a €150 (student)-€300 (working) fine and no criminal conviction.
Don't get too stressed about it OP.

Lon.C · 03-05-2013 01:07AM

drunkmonkey wrote: »

Not sure how scientific this is but dress down in court for this, had 2 friends appear in that court for ep same as op. One looked like a poor student the other guy tried to be respectable and put on a suit, the guy in the suit got a €900 fine and the other guy was fined €150. Neither of them got a record just had to make a donation to some drugs rehab place near nass.
Point is don't look wealthy in court.

The judge asked everyone about their circumstances before issuing fines.

Fred Swanson · 03-05-2013 02:29PM

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Magnetics · 09-05-2013 11:11PM

Lon.C wrote: »

On topic. I was caught in a similar situation to the OP. Small amount, I thought the guard had let it go. I think it was the last week in May, or the start of June when the summons arrived for a mid-June court date in Portlaoise. It was very relaxed atmosphere in court.Some cases before mine had the whole court in stitches. Those with small amount possessions got a €150 (student)-€300 (working) fine and no criminal conviction.
Don't get too stressed about it OP.

Yeah I was actually talking to a mate who is training in Templemore and he said I should expect a summons in the next 2 weeks for a June court date, apparently they're sending them all out very soon

Hopefully I just get the 300 quid fine with no conviction then!

In your case, did the garda call to your house with the summons or did it come in the post? I have heard of people receiving summons for small cases like mine in the post but thought that was against the law?

Lon.C · 10-05-2013 01:00AM

Magnetics wrote: »

Yeah I was actually talking to a mate who is training in Templemore and he said I should expect a summons in the next 2 weeks for a June court date, apparently they're sending them all out very soon

Hopefully I just get the 300 quid fine with no conviction then!

In your case, did the garda call to your house with the summons or did it come in the post? I have heard of people receiving summons for small cases like mine in the post but thought that was against the law?

No, I received mine by post. It would take the Guards forever to deliver them all locally. There were hundreds in court the day I was there.
Again, don't be too stressed. Pay the fine and no record. Lesson learnt:).

Fred Swanson · 10-05-2013 01:10AM

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carzony · 10-05-2013 01:11AM

Can I just ask a question? Saves me starting a whole new thread..

My mate had a small amount of weed on him a few months ago and we were stopped in my car, The guard found the weed took down his name and address and he never recieved any summons or anything like that, I was wondering would the guard have put the fact that I was with him on pulse?

I ask because A few weeks later I was stopped by different guards and they said my car had a drugs marker on it :eek::eek:

This happened about a year ago

SB2013 · 10-05-2013 09:02AM

carzony wrote: »

Can I just ask a question? Saves me starting a whole new thread..

My mate had a small amount of weed on him a few months ago and we were stopped in my car, The guard found the weed took down his name and address and he never recieved any summons or anything like that, I was wondering would the guard have put the fact that I was with him on pulse?

I ask because A few weeks later I was stopped by different guards and they said my car had a drugs marker on it :eek::eek:

This happened about a year ago

Most likely

mcgarrett · 10-05-2013 07:21PM

Fred Swanson wrote: »

This post has been deleted.

You're out of luck Fred, Mary Martin is long retired.

Fred Swanson · 10-05-2013 07:29PM

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Magnetics · 04-06-2013 07:43PM

Update on this:

My summons arrived this evening, luckily I answered the door so had no problems with the folks finding out about it

Anyway, the summons is very vague and is littered with poor grammar and spelling mistakes. My name is also spelt wrong

The most concerning thing for me is that it doesn't specify what quantity of the drug I was caught with, only the drug itself which I find very strange

I was going to go to court without a solicitor considering it was such a small amount but will have to contact one now in case they spring a surprise on me in the court room

Can anyone who has experience with a similar case to mine tell me if their summons stated the quantity and value of the drug seized? I'm pretty worried that it's not stated on it

SB2013 · 04-06-2013 08:05PM

It doesn't state the amount on the summons. It's not relevant to the charge itself. It will be something that is given in evidence.

An incorrect spelling of a name is not really an issue.

As for the grammar, it's a standardised wording for the charge, are you sure it's poor grammar?

Magnetics · 04-06-2013 09:10PM

SB2013 wrote: »

It doesn't state the amount on the summons. It's not relevant to the charge itself. It will be something that is given in evidence.

An incorrect spelling of a name is not really an issue.

As for the grammar, it's a standardised wording for the charge, are you sure it's poor grammar?

Ah that's ok so, was worried that a small quantity might magically turn into a large quantity in the court room

On closer inspection of the summons itself,it looks like the ink in the printer they were using was running out because there are words missing leaving spaces in some sentences. Not exactly a professional looking document!

Anyway that's irrelevant really, the summons is here and I'll be attending in late June. Now to find an affordable Port Laoise based solicitor. Actually if this isn't against charter, if anyone happens to know a solicitor around that neck of the woods who deals with minor drug offences, drop me a pm with their details!

SB2013 · 04-06-2013 10:15PM

Go to the court and approach a solicitor you like the look of.

Magnetics · 05-06-2013 12:09AM

Yeah after receiving a useful pm from a boards member I think the best course of action is to contact the Garda who's overseeing the case and inform him that I'll plead guilty and cooperate in full. I'll apologise to the judge/court and hopefully receive a fine rather than any conviction. Having had no previous run ins with the law should hopefully stand to me as well

A solicitor will probably do the same thing anyway so there's no point in forking out good money when I can do it myself

I more than likely won't be in the 1st few cases so if I see the judge really hammering people I'll the approach a solicitor

LowKeyReturn · 05-06-2013 12:14AM

Magnetics wrote: »

I more than likely won't be in the 1st few cases so if I see the judge really hammering people I'll the approach a solicitor

You think a solicitor is going to take the case on spec in the court room? Interesting idea I suppose.

Magnetics · 05-06-2013 12:16AM

LowKeyReturn wrote: »

You think a solicitor is going to take the case on spec in the court room? Interesting idea I suppose.

From what research I've been doing, it's not that uncommon

LowKeyReturn · 05-06-2013 12:20AM

Magnetics wrote: »

From what research I've been doing, it's not that uncommon

Fair enough, Ill bow to your superior knowledge on the subject. I've never seen it happen personally but then my time in the courts is very limited. I still think it's bizarre that, given there is no spent convictions legislation in this country and your clear disposable income, you wouldn't take every precaution that you're not explaining this to a potential employer in ten years time.

Each to their own.

EDIT: If this research has been PMs on boards.ie giving you legal advice; I'd seriously consider doing more research. Have you approached FLAC (www.flac.ie)?

Sacksian · 05-06-2013 12:24AM

LowKeyReturn wrote: »

You don't operate on yourself and you don't buy a house without the proper professional advice.

Generally, I agree with you about having respect for and trust in professional skills but, in this case, it's probably closer to asking a surgeon to put a plaster on a paper cut than performing keyhole operations on yourself.

LowKeyReturn wrote: »

If you've money for drugs you've money for a solicitor.

Unless solicitors now provide work to the value of 10 spots, that may not be true either.

LowKeyReturn · 05-06-2013 12:27AM

Sacksian wrote: »

Generally, I agree with you about having respect for and trust in professional skills but, in this case, it's probably closer to asking a surgeon to put a plaster on a paper cut than performing keyhole operations on yourself.

I wouldn't consider something that will possibly have lasting repercussions to be taken so lightly. Lets say not properly looking after a bad sprain.

Sacksian wrote: »

Unless solicitors now provide work to the value of 10 spots, that may not be true either.

Fair enough flippant comment. Plenty of proper legal advice available for the cost of a bus ticket to the local FLAC however.

Fred Swanson · 05-06-2013 01:30AM

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hullaballoo · 05-06-2013 12:58PM

There is no legal advice allowed in this forum. Posts deleted. Please read the forum charter before posting here again.

The Charter has also been updated in relation to solicitor recommendations.

If people require legal advice, please engage the services of a legal professional.

Magnetics · 30-06-2013 10:27AM

Further update:

I attended the court without a solicitor and was ordered to pay a 300 euro donation in order to have the issue struck out

The judge got through roughly 100 people by 3 o'clock, all of whom received the same fine despite what drug they were in posseson of. People who had 5 euros worth of cannabis were getting the same fine as someone who had 150 worth of cocaine. The only people who received convictions were people who had previous drug convictions or had a bad track record with the law

Roughly half the people who were present had solicitors representing them. I actually found the people with solicitors were getting more of a dressing down by the judge than those who were representing themselves but the outcome was the exaxt same, a 300 quid fine and an apology to the court

A sobering experience to say the least and even though I saw people ahead of me getting away with paying charitable donations, I was far more nervous than I thought I'd be. Glad it's done and dusted!

carzony · 30-06-2013 03:24PM

Magnetics wrote: »

Further update:

I attended the court without a solicitor and was ordered to pay a 300 euro donation in order to have the issue struck out

The judge got through roughly 100 people by 3 o'clock, all of whom received the same fine despite what drug they were in posseson of. People who had 5 euros worth of cannabis were getting the same fine as someone who had 150 worth of cocaine. The only people who received convictions were people who had previous drug convictions or had a bad track record with the law

Roughly half the people who were present had solicitors representing them. I actually found the people with solicitors were getting more of a dressing down by the judge than those who were representing themselves but the outcome was the exaxt same, a 300 quid fine and an apology to the court

A sobering experience to say the least and even though I saw people ahead of me getting away with paying charitable donations, I was far more nervous than I thought I'd be. Glad it's done and dusted!

I'v only ever been to court for traffic offenses but god it's a horrible sisuation to be in. Culd you imagine a murder

100 people? **** Ireland really does have a drug problem doesnt it!

30-06-2013 03:33PM

carzony wrote: »

I'v only ever been to court for traffic offenses but god it's a horrible sisuation to be in. Culd you imagine a murder 100 people? **** Ireland really does have a drug problem doesnt it!

Or it just shows the amount of resources that are taken up in prosecuting people caught with tiny quantities of drugs..

Glad it all worked out for you OP, a fine lesson on the Irish justice system.

LowKeyReturn · 30-06-2013 05:32PM

Rojomcdojo wrote: »

Or it just shows the amount of resources that are taken up in prosecuting people caught with tiny quantities of drugs..

Glad it all worked out for you OP, a fine lesson on the Irish justice system.

Courts have to enforce the law as it stands. I've only a cursory understanding of the ramifications to the line Portugal is taking but nothing seems to have exploded, or the country turned into a hell hole. (They've decriminalised possession across most, if not all, drugs).

Personally I'd do the same here and impose long jail terms for people driving under the influence on the second / third offence. Then again I'd also give heroin away for free so maybe I'm out of touch.

dan999 · 16-04-2015 08:30PM

Hi sorry if this thread is over but I wasn't sure where to post a question. I was caught in possession of 4grams of cannabis and a grinder for personal use about a Month ago. I have a completely clean record and have never paid any fines or anything. I was just interested in people's opinions as to what you may think might happen to me and if I'm getting a summons to court how long would that take to arrive? Thank you for reading

Pat Mustard · 16-04-2015 11:58PM

dan999 wrote: »

I was caught in possession of 4grams of cannabis and a grinder for personal use about a Month ago. I have a completely clean record and have never paid any fines or anything. I was just interested in people's opinions as to what you may think might happen to me and if I'm getting a summons to court how long would that take to arrive? Thank you for reading

Mod:

This appears to be a request for legal advice in relation to sentencing.

The thread can remain open but no comments on sentencing please, other than by way of reference to legislation or caselaw rather than comment or opinion.

Right Turn Clyde · 17-04-2015 08:10AM

dan999 wrote: »

Hi sorry if this thread is over but I wasn't sure where to post a question. I was caught in possession of 4grams of cannabis and a grinder for personal use about a Month ago. I have a completely clean record and have never paid any fines or anything. I was just interested in people's opinions as to what you may think might happen to me and if I'm getting a summons to court how long would that take to arrive? Thank you for reading

Speak to a solicitor. It will cost a few quid but it's worth it in the long run. If you're lucky The Probation Act might be applied, meaning you won't be left with a recorded conviction. If you're unlucky you'll have a criminal record which can have a huge impact on the rest of your life, from visa applications to adopting a child. Both of those things might not feel relevant to you now but who knows what path your life will take. Don't be a hero. Cough up for a solicitor, wear a suit to Court, play 'the game' and hope for the best. Good luck.

Edit: You may qualify for Legal Aid depending on your financial circumstances. So it may not cost you anything at all. That's even more of a reason to seek professional advice.

Rtg78 · 17-04-2015 08:43AM

I got caught with small bag of snuff and few yokes at EM festival some years back. They looked at the yokes at told me to put them in my pocket! They took the bag of me. It really was a small amount but class A. Gave them name and all the details expecting summon at some point. Never heard of them again! Go figure.

Caught with small quantity of drugs

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