Did I screw myself over?

TheFinkler

Member
A while ago, I was driving around with a quarter pound in my car. I got pulled over and the cop smelled it immediately. They searched my car, and someone texted my phone asking to grab as they were looking through my stuff, and immediately told me that I was under arrest for trafficking. After this point I remained silent, but fully co-operated, and showed the officer that I knew my rights, and that I'm not some stupid punk drug dealer. He continuously tried to get me to squeal on others but I kept my mouth shut. Eventually he told me that it was his job to get the stuff off the streets, and that he really personally agrees that it should be legalized. After that, he asked me if I had more at home, but I told him that I did not. He asked me again, and said "You can have a stem or you can have a tonne, if you let me search your house, I will only charge you with possession." but if you don't give consent, you will have a lot of attention raised, and you will have cops knocking on your door frequently and he will try to get a search warrant. He also said that judges don't care about possession charges, no matter how much you have, and that I'd end up having to do community service since it was my first offense. (I live in Canada, and a friend of mine was caught with a half pound in his backpack, was charged with possession, and the judge gave him community service. He didn't even need a lawyer!) I told the cop that I would only let him in if I can see it in written that I was only charged with possession. He filled out the court slip first, and let me follow him as he searched my house. He found another half of a pound tucked away in my closet, and then let me go. He gave me his badge number, and basically told me that if I ever wanted to squeal on someone, he'd be more that happy to help me out, etc.

When my court date arrived, I was charged with the correct amount, (~quarter pound seized in car, ~half pound seized at home) and was only charged with possession, but I wasn't able to get a discharge, or alternative measure (community service, then a clear record because it was my first offense) I briefly explained to the prosecutor what happened, and he gave me another chance to represent myself. I had to spend $5000 on a lawyer, and my court dates and trials are still going on.

Do you think I screwed myself by giving the officer consent? I would have been charged with trafficking, but giving him consent only charged me with possession, which I believe would be way easier to fight off than trafficking. My lawyer is an ex cop, who has been a criminal defense lawyer for the last 20 years, so he is very reputable. I was thinking about trying to call the cop and see if he could possibly defend me saying how I'd end up with community service. Do any of you have any advice? Please don't give me any of that "well don't carry around that much weed, etc." crap.
Thanks
 

Sk306

Well-Known Member
I think you got off with the minimum of what can happen like you said just community service maybe a fine... i don't think you fucked yourself over by letting him search your house other then you losing that other half lb because they couldn't search your house unless you said and he had a court slip or whatever so your weren't charged with trafficking ... and yeah they will always ask you to snitch, stupid pigs
 

sm0keyrich510

Active Member
im not accustomed to canada laws but in the u.s.a. taking a possession charge for a qp or hp would be a DREAM to most.

id say you got the better end of the deal considering drug trafficking in the usa will land you in the federals.
 

hornedfrog2000

Well-Known Member
For real. I've lived places where a possesion was just a fine of like $100 the first couple times or something like that.
 

TheFinkler

Member
Legal Aid told me that I probably won't be going to jail, since it's just possession, and only weed. I'm going to University for Civil Engineering, and will most likely do a lot of travelling, so I really can't afford a criminal record. And yeah hornedfrog, most people I know that just get caught with a few grams or so get off with either a small fine, or community service, then their records clear. The only problem with me is the amount that I had in possession...
 

Dirty Harry

Well-Known Member
...When my court date arrived, I was charged with the correct amount, (~quarter pound seized in car, ~half pound seized at home) and was only charged with possession, but I wasn't able to get a discharge, or alternative measure (community service, then a clear record because it was my first offense) I briefly explained to the prosecutor what happened, and he gave me another chance to represent myself. I had to spend $5000 on a lawyer, and my court dates and trials are still going on...
What was the reason you could not get any of the above? Was it because the judge didn't like how you represented yourself? You said you have a clean record so the judge must have an issue with something. It sounds like he is not going to allow you those options.
 

Dirty Harry

Well-Known Member
No shit! In my area, just having multiple joints is enough for a trafficking dealing charge. They see multiple joints as "pre packaged for distribution" and then they seize your car for being used in a crime and will sell it at auction.
im not accustomed to canada laws but in the u.s.a. taking a possession charge for a qp or hp would be a DREAM to most.

id say you got the better end of the deal considering drug trafficking in the usa will land you in the federals.
 

TheFinkler

Member
I wasn't able to get a discharge or an alternative measure because of the amount I had in possession (just under a pound). My lawyer told me that I was super lucky that I only got charged with possession considering all the evidence and amount I had in possession. He told me that the prosecutor asked to see a copy of my resume. I have heard that my lawyer has a very analytical and charismatic style in the courtroom, and is hopefully going to prove to the judge that convicting me will do nothing but ruin a useful citizen's future.
 

Dirty Harry

Well-Known Member
When it ends and if it ends in your favor...As the prosecutor if you got the job. When he says, "What?" Say, well you asked for my resume. I thought you were hiring.
 

NoDrama

Well-Known Member
I guess my first statement would be...What makes you think the Cops are the ones pressing charges? The Cops have ZERO say in what you will be charged with, ZERO!!!! Its the Prosecuting attorney who does all that. Making a deal with the cops isn't enforceable, they don't have any authority. You got screwed on this one. NEVER talk to the police, PERIOD!!!!!

The reason the Judge screwed you over was because of the Amount you had, If you had told that cop to pound sand when he asked to search your home you would probably be off Scott free right now.
 

TheFinkler

Member
I guess my first statement would be...What makes you think the Cops are the ones pressing charges? The Cops have ZERO say in what you will be charged with, ZERO!!!! Its the Prosecuting attorney who does all that. Making a deal with the cops isn't enforceable, they don't have any authority. You got screwed on this one. NEVER talk to the police, PERIOD!!!!!

The reason the Judge screwed you over was because of the Amount you had, If you had told that cop to pound sand when he asked to search your home you would probably be off Scott free right now.
Yeah, that's what I figured... The thing is possessing a QP is basically immediate grounds to be charged with Possession for the purpose of trafficking, or trafficking. So at least I got charged with possession... I don't know if fighting a possession charge with a large amount will be harder to fight off than a trafficking charge with a less amount.
 

FootClan

Well-Known Member
I guess my first statement would be...What makes you think the Cops are the ones pressing charges? The Cops have ZERO say in what you will be charged with, ZERO!!!! Its the Prosecuting attorney who does all that. Making a deal with the cops isn't enforceable, they don't have any authority. You got screwed on this one. NEVER talk to the police, PERIOD!!!!!

The reason the Judge screwed you over was because of the Amount you had, If you had told that cop to pound sand when he asked to search your home you would probably be off Scott free right now.
that guys right you totally got played that cop played you like a fiddle......asking to search your home and you say yes?? Bro there trained to get you to say yes they will say whatever they have to to trick you into saying YES.......Man just reading this is pissing me off.....lol dude if they had the legal right to search your house they wouldnt have had to trick you into saying yes they would have just searched it....Just the fact that the cop had to talk you into it means he didnt have the right to do it......If you had said no he probably would have had to get a judge to sigh a warrent which would have made his job alot harder and maybe he wouldnt have got to search or maybe it wouldnt have matterd maybe he would have got the warrent anyways......Im just saying why make his job easy ?? man thats crazy never agree to somting like that .....Of course hes going to say that if you dont he will make it hard on you thats what they always say....thats like the first thing they learn in cop training....lol you think hes going to say " well if you dont let me search theres nothing i can do about it but would you let me anyways"? ya right hes always going to make is seem like hes doing your a favor..... dude watch the video on youtube called " never talk to cops" man if i told my lawyer what you just told us he would shit himself......for real dude dont do that again man
 

TheFinkler

Member
I know, I'm aware of that, but possession charges are way easier to fight than trafficking ones... Either way, the prosecutor just asked for a copy of my resume to have a look, just to prove that I'm some not some 'no good punk', and that giving me a record will do nothing but ruin my future.
 
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