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RollandRock

A few weeks ago I was charged with possession in Nova Scotia, Canada. I'm new to NS and not to aware of the drug laws. I need some help to see if there's anyway to avoid these charges or at least keep them as minimal as possible.

The drug "problem" in the area has become pretty crazy lately, lots of coke and e is going around so the police are cracking down pretty hard.

Here's what happened to me, me and my friend were rolling a joint in a parking lot and the cops happened to see us and I guess considered us suspicious. They snuck up behind us (I was pretty high already and wasn't too aware of my surroundings). Next thing I know I've got cops banging on my windows, I ripped my keys out of the ignition to avoid DUI fines. Anyways, my friend claimed the weed as his own and we only had roughly .7 rolled up. They searched my car and didn't find anything else.

We were both charged with possession. Although my friend claimed the weed because it was my car we both got shafted. Really we only had .35 grams each. So now I'm going to court and possibly facing a criminal record over less then a half gram of weed.

They messed up the paper work for me as well, none of my papers are signed by my arresting officer, my name is spelled wrong, it was also said I was supposed to appear for fingerprinting and photos at 2:40 am the other night (Which I went too, I think the cops might think I'm a bit of a smartass. They wern't too happy to see me and wouldn't do my mugshots).

Now I'm not sure what I should do, are these charges really going to hold up in court? If they do, what will I likely be looking at? A large fine? Is there a way to avoid these charges all together?

Any serious legal advice from someone who knows there stuff would be really appreciated.

-RollandRock

 

JaggedJesus

Check out this site. It has some decent legal advice from Halifax: webehigh.com/city/detail.php?CITYID=Halifax

I personally can't offer any legal advice, per se, but anecdotal evidence would suggest that you'll likely end up with a very minimal sentence. Probably a fine, if anything. Is it your first time being charged with possession? Several of my friends have gone through the same thing, and they all ended up getting off fairly easily.

I've had run-ins with the police myself, and even though we (my friends and I) were obviously stoned, they just let us go once they saw that we weren't doing anything more than smoking pot.

subunit

Get a lawyer. I grew up in Halifax and never heard of possession charges being pursued through to court for less than an ounce before. If you're in a smaller community where the cops are bored you'll have more trouble, but I can almost guarantee you you won't be getting a conviction. Because the Controlled Drugs and Substances Act is a federal statute, not part of the Criminal Code, responsibility for prosecuting those offences fall to Federal Crown Attorneys, not the local Crowns. The federal guys have better things to do than give you a crim record for .35g weed and will probably be pissed that it was even brought to court so don't sweat it. In all likelyhood they'll drop the charges. Worst case scenario is that you get a fine or community service. Just make sure you get counsel.

RollandRock

Thanks for the advice guys.

If I want to save myself a few dollars is it possible to go down to my police station and ask for legal aid? Someone told me if you go down and ask, they will call legal aid and let you talk to them.

subunit

I wouldn't bother talking to the cops about it although in theory they should have provided you with a number for a lawyer referal service when you were arrested. If I were you I would call the NS Legal Information Service:The Legal Information Society of Nova Scotia - Lawyer Referral

$20 for a 30 min consultation and referral to a lawyer to keep on retainer if it seems like you need one (you probably don't) isn't too bad. If you're a student or on the pogue you also qualify for legal aid assuming your case is seen to have some merit (dunno if it does, but it might). If you're in that position I would contact the legal aid service of your school (or Dal, if you don't have one: Dalhousie Legal Aid Service - Dalhousie Law School) or the provincial legal aid society (Nova Scotia Department of Justice - Nova Scotia Legal Aid Commission). IIRC, Dal can't help you if you're outside the HRM, though. Anyway, drop a few bucks and make sure you know you're in the clear, it's worth it.

 

RollandRock

Alright, thanks a lot subunit. That's what I needed to know.

I'm going to get a hold of legal aid today and hopefully they can get me sorted out.

pkster8235

Weird.. I've (and others I know) been caught with weed before and the cop just takes it or crushes our joints.. and I am in NS too. Sorry to hear about the charge.

Ironically I was in Bedford the other night and a cop came up to my car and asked if I was "rolling 'em up and getting high".. I wonder if it was the same cop.

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RollandRock

Haha yeah man, I used to live down in the valley awhile back and they never did anything about it. If we were caught smoking it they'd crush the joint and that was it, just giving us a little scare to smarten us up I guess.

Haha no if it was this cop he would of been smashing on your window saying "Get the fuck out of the car now or we're ripping you out". Pigs man.

RedSkyWolf

Hey,

Thats bullshit basically tell them to go fuck their hat because they have not a legal leg to stand on. Really check the facts at POTLAWHASFALLEN.CA and Also when U get to court the Judge will likely laugh and call it a bowl scraping case for sure. Good luck though!!!


Best luck to everyone Outdoor this Season !