Marijuana.com

gstq

So I'm in it with the police as a victim of a violent crime. This crime all leads back to me trafficking marijuana. First of all, I'm located in Toronto, Canada, so please base your answers on the laws in my jurisdiction. I have yet to admit to the investigating officers that the crime was a result of my previous drug trafficking. I don't traffick anymore, I used to though. Can I be charged for trafficking if I admit to the cops that I have trafficked drugs in the past?

Thanks.

 

grimey

yo whateber yu do dunt admit to the cops bout nuthin its goin make shti morse for yu truss me

Buzzby

I don't see any advantage to you to explain why you were attacked. All they really need is the facts concerning the attack itself.

If the defendant wants to do that, it's his problem: let him admit to buying drugs. If he says you were dealing then it's just his words, not an admission of guilt on your part. Except in the unlikely event of a jury trial, the "why" is far less important than the "what". I don't know how it works in Canada, but in the US something like 98% of criminal cases are settled without a trial.

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gstq

The thing is that if I admit that this had to do with my past drug trafficking, it would support my case in many ways, though I'm not going to get into specifics on this forum. So what I'm asking is can I be charged if I say I used to traffick?

phuzz01

First of all, it is pretty obvious when a drug deal has gone bad resulting in violence. So, the cops are probably going to know anyway. Second of all, if you are able to hide that fact from the cops, you pretty much guarantee that the person who attacked you will not be convicted. The defense attorney can simply argue: "If you withheld that relevant detail, how do we know that you aren't withholding or lying about other relevant details?" Your testimony will be considered not credible.

For many crimes, that is true. But assault cases, which are usually somebody's word against somebody else's, go to trial much more frequently than any other kind. Then it comes down to credibility, which goes back to my first comment.

Normally, Buzzby, I agree with you. But in this case, I entirely disagree.

 

gstq

It's not nessecarily a drug deal gone bad. It's an attack/robbery based on the fact that I've got loads of cash and loads of chronic, and I flaunt them both. I guess I'd fit the description of a "baller" by urban standards. As of right now, the investigating officers understand that this was a random attack based on the fact that I've got money and I let it be known.

Now all I want to know is, by law, can I admit that I have trafficked drugs in the past without getting in legal trouble for it?

phuzz01

The statute of limitations for a felony offense in MY state is 7 years. Therefore, in my state, if you admitted it anytime in the next 7 years, they could still arrest you for it. Your mileage may vary.

And again, it is usually incredibly easy to spot when a burglary or robbery is drug-related. You may think you are hiding it, but a good investigator will see it in the first 30 seconds of your statement.

gstq

Oh, well I stopped trafficking mere weeks ago, so there's a pretty good chance that I'm not safe. And no, I don't believe the investigator will realize any correlation between the attack and drugs. The attack was planned because the attackers know that I've got drugs and money, and therefore a good target for robbery. The story at the current time is that it is merely over finances.

Thank you for your help.

BartSimpson

That was down-right painful to read. Might be some form of the english language but I not sure.

You may use a lawyer as an intermediary to get the necessary information across to the investigator, and preserve your rights - but that will cost some money and as Phuzz has suggested, the Investiigator already knows.

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gstq

One last question.

In Canada, possesion law is not as harsh. If you have less than 13 grams on you, you're given a $110 ticket and your marijuana is taken away. If you have more than 13 grams on you then you are charged for intent to traffick and/or trafficking. If a cop knows you are under the influence, even if you admit it, he/she cannot do anything unless the marijuana is currently in your possesion. Being under the influence is probable cause for the officer to search you for the marijuana. Now when I was robbed, I had the following stolen from me:

- $460 Louis Vuitton wallet
- $299 phone (Motorola SLVR L7)
- $399 MP3 player (iPod)
- $1750 cash ($250 in my wallet, $1500 taken from my debit card)
- $20 of marijuana (2 grams)
- My OHIP, SSN, Birth Certificate, etc.

Please don't ask why I need to admit to the cop that I had the marijuana, as it is irrelevant to my question. If I admit to the cop that I did in fact have the 2 grams of marijuana, I can't be given the $110 ticket for possesion, can I?

Thanks.