First possession charge and I don't think this is right! help! Canada

Hello... Long story but I got arrested for the first time yesterday. This is how it went down...

I picked up my friend from his comunity service hours and drove him back to his house which is around the corner from mine. Ive known this guy since grade 9 and I just graduated highschool not too long ago. So we go into his house and go hang out in his room. He starts smoking weed but I never smoked any because I drove there and I had to be somewhere later. After hanging out for 1 minutes, watching TV and chatting, police bust in yelling about a warrent. They come downstairs and arrest both of us,and in the next room they find a bag containing 3lbs. I had no clue that was in the house, I was only aware of the 10 grams on the table. I only had my phone, $60 and my keys on me. The $60 is the last of my cash until next payday and I honestly wasnt spending it on weed.

So now the deal is on my sheet is says that I'm being charged with Possession "Schedule 2 Cannabis marihuana- Under 30 grams CDSA 4(1). But, I looked at it again and someone crossed out the -under 30 grams part. So now Im being charged with possession over 30grams when I didnt have ANYTHING on me? Please help!!

...get an attorney and fight you...

...if what you said is true, then i'm almost positive the charges will be dropped...

...fyi, you weren't in possession of anything illegal and it's not even your house...

...even if you needed to submit a drug test (try to get one sooner (from your physician) than later), you are still in the clear...

Everything I said is true. Off the record I have bought off him in the past. I remember asking the officer at the station why I'm being charged with that if I had nothing on me, or no intentions of buying. He told me that I was in the house and was aware that the bongs/pipes and some weed on the table then gave me a shitty analogy about the fact that I could have left, should have realized and should have reported it. I know if I take a drug test I would fail... and I do plan on fighting this.. I hope this doesn't cost alot.

...if you had your keys with you, then it hard to argue that you were on your way out when they busted in... in my local area it costs about a 3-4k for a decent attorney to represent you. even if you had a bad attorney charges like this don't stick...

Ok. So you think I have a case? Im so upset this has happened... more confused as to why I actually have a possession charge given my curcumstances. Even IF I was purchasing weed and I hadn't yet at the time of the search, which I wasn't, $60 is no where near enough to cover the cost for over 30 grams. I mean I was aware that he sold drugs and probably had some at his house but there is a big difference from 2 friends hanging out and 2 people meeting up to deal weight. I talked to a legal aid while I was in prison and she told me not to tell the officers anything... as temping as it was to try and explain myself and how I was 'caught in the cross fire' I kept my mouth shut.

The person I was with has been booked before, so Im assuming they were probably watching from down the street when we arrived and then made their move. Out of everyone I know, this guy was deffinately into things the heaviest and I really, really regret being at the wrong place at the wrong time. Thats how I see it.

Since I didn't really tell the police anything (they may have thought since I was quite and calm that I had a part in the marijuana they found) will I still have a chance? I can see the police thinking that, and then thinking that my story is a load of shit. I was in shock when it was happening and probably looked guilty... but its not the police I have to convince its the court correct?

nothing's gonna happen to you. they charged you to get you to spill beans.

deny deny deny.

when you show up in front of the judge you'll have a chance. it's not your house, it was in another room. fuck that. you had no idea what was over there, fuck the police!!!!!!!

what are you supposed to do, run away like if the weed was gonna kill you with a lethal shot to the neck??? you were at a friend's house, HE smoked a bit of HIS weed. how are you gonna get charged?????? ask if you can be charged in a seperate trial from your friend......

you'll be good...

yamban said:

Ok. So you think I have a case? Im so upset this has happened... more confused as to why I actually have a possession charge given my curcumstances. Even IF I was purchasing weed and I hadn't yet at the time of the search, which I wasn't, $60 is no where near enough to cover the cost for over 30 grams. I mean I was aware that he sold drugs and probably had some at his house but there is a big difference from 2 friends hanging out and 2 people meeting up to deal weight. I talked to a legal aid while I was in prison and she told me not to tell the officers anything... as temping as it was to try and explain myself and how I was 'caught in the cross fire' I kept my mouth shut.

The person I was with has been booked before, so Im assuming they were probably watching from down the street when we arrived and then made their move. Out of everyone I know, this guy was deffinately into things the heaviest and I really, really regret being at the wrong place at the wrong time. Thats how I see it.

Since I didn't really tell the police anything (they may have thought since I was quite and calm that I had a part in the marijuana they found) will I still have a chance? I can see the police thinking that, and then thinking that my story is a load of shit. I was in shock when it was happening and probably looked guilty... but its not the police I have to convince its the court correct?

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...seriously, they don't have a case. and more more sounds like they are trying to scare you... again.. 60 bucks is no way near the street value for that supposed amount to purchase (so they can't prove intent...

...but seriously you need representation and deny like redivider suggested.. my 0.02 you should counter-sue for mental distress because your civil rights have been violated (YES I'm serious)...

GET A LAWYER! I promise you they are worth every penny when it comes to stuff like this. Get the name of the charging officer and call around and see if you can find a lawyer who has dealt with that officer before in court. Sounds weird, but it's a huge advantage. Also you need to talk to your bro and see if he will clear your name. If he's a real bro, he'll take the heat. Good luck man, this is bullshit anyone has to deal with shit like this.

Edit: On a side note, its' not a bad idea to purchase a pre-paid legal service plan for high risk peeps out there. Just make sure you policy covers criminal defense and not just civil crap. =)

Thanks alot guys... I thought I was screwed on this. I plan on going out the day after tomorrow to start getting in touch with some lawyers and just seeing what my options are. About 5 hours after I got out of jail I got 4 wisdom teeth removed, along with another surgery for my jaw (which was the killer of the two). Not a good day.




I'll try to get the officers name, but it was a special squad that was sent up from a different area that searched the house... they must have really planned it out.

A few things that Im not sure on (that I could be absolutely nothing) Ive never been through this before but :


- I am over the age of 18 and my mother came to pick me up as she was the only one I could have called at 2am. She arrived at the station before I was released from the cell. Once I got outside she had already heard everything that has happened from an officer... I was told that they have no obligation to disclose that information to a parent, or anyone for that matter.

- They told me they lost track of the officer that had the keys to my handcuffs so I was in cuffs for about 3-4 hours even while I was sitting in the cell. 4 hours after I was placed in the cell I still wasnt told what was happening so the lady watching us said that wasnt right and notified the officer who came immediantly and explained things ever so nicely I might not want to bring that stuff up though or else Ill look like a cocky young guy looking to blame.

I hope my buddy doesn't change his story on me... like while we were sitting in the cells next to each other he apologized for getting me caught up in this and that I have nothing to worry about. The sign on the wall said it was video and audio recored so if that is the case (as much as I dont want to think a friend would do that, your right I shouldn't rule that out... its his third offence for this kind of stuff and I know hes going away for a while so why not try and blame someone.

We shall see..

I am more than positive you can get some kind of compensation. I was arrest with just under a pound and got off scott free. I had a friend get pulled over with an HP in his car, but the cops illegally searced him without a warrant. He sued the cops, got his money for the lawyers back, and the money for the chronic! I'm from Canada too, if you live in the GTA, try X-Copper, a law firm that deals with this kind of shit.

I am in the GTA, and just gave X-copper a call... the man that deals with that stuff is out right now but Im calling back in 40mins. I just dont understand how the cops made the call that I was in possession of more then 30 grams... unbelieveable.


And I just want to say that I really appresiate everyones input on my situation... Im more at ease now and have an understanding of what Im dealing with.

all your friend has to do really is verify your story, and verify that you had no idea about that 3lb, that you only knew about what was on the table, that you didnt smoke any, and you were about to leave.

statement from you + statement from him = match

charges will be dropped.

TokeSmoker420 said:

all your friend has to do really is verify your story, and verify that you had no idea about that 3lb, that you only knew about what was on the table, that you didnt smoke any, and you were about to leave.

statement from you + statement from him = match

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Thats what I thought... and as far as I know he said I have nothing to worry about when we were sitting in jail. Do I really need to go through the process of spending $4,500 (xcopper since it was 2-3lbs) on a lawyer if all he has to do is confirm my story? His court date was yesterday morning, could I inquire at the courthouse and see what he said? Like even the police at the scene confirmed I was clean and had not been smoking. Or would his statement be copied over to my courtdate and things would go from there?

Frustrating!!!!

Honestly man, I'd fully try and push it to get some kind of compensation. Talk to Tony at X-Copper, cool guy. They should not have done that to you. They had absolutely no reason to arrest you. They could have questioned you, as you were a witness, but since you didn't have any possession of anything, thats just fucked.

Can someone clear this up for me? I have a court date on the 28th... I don't apply for legal aid since it isn't likely to be any jail time on my part. People are saying to get a lawyer for the 28th... but I'm also being told to just show up an hour before hand and talk to Duty Counsel for advise. If I get advise from duty counsel, will I be going into the courtroom alone? I'm also told I can get the disclosure on that day too... which has what they want to do with me.

I Drove up to the police station I was charged at and talked with the Sgt. He said he doesn't know the details but it really depends how the police wrote the report. He said that I'm not necessarily being charged for the 2lbs they found, but more for the small amount of weed/paraphernalia on the table and the fact that "I was aware of illegal items"... but as far as I know that isn't possession. I was never given a change for a video statement either at the station. He said ideally I'd be looking for a discharge whether its a donation fee, community hours or probation. Anything else and it would effect my record THIS SUCKS!!!!

Should I spend the money on a lawyer? Or just stick with my story and hope that the police wrote everything the way it happened? I just don't want to sit around until the court date and then find out that I really should have hired someone or talked to someone else etc... I'm new to this process.

yes. get a lawyer.

When I was charged with a pound, I went to my first court date without a lawyer. They give you a giant package of all the evidence, and what you're being charged with, the prosecutor then asked me if I would like another chance to represent myself. I'd go to your first date without a lawyer, they might not charge you with anything, because there's no term/nothing illegal about knowing marijuana is present, etc.

i had pretty much the same thing happen. If you really didn't have anything on your person, and they put that you were in possession, they police report is false and the charges must be dropped. They have to prove that they found weed on you. But they won't be able to if you really didn't have any.

kbo ca said:

They have to prove that they found weed on you. But they won't be able to if you really didn't have any.

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When I asked the police officer why I'm being charged with possession if I had nothing on me, he said that the knowledge of the illegal activity and drugs on the table were enough for me to be charged. Sounds like BS to me. Ill definitely keep this thread posted on what happens regarding this case.

I do have something I need cleared up though. The Disclosure. It contains what I'm being charged with and what evidence they have against me correct? When is the soonest date I can pick it up? I was under the impression that I could only get it an hour before my court date, and then seek advise from duty council. Could I not pick it up sooner? Id rather have it now that way I can show my case to lawyers.

you can get a copy of the police report. It says what your being charged with if you want to take it to a lawyer. Sounds like they don't have any evidence against you. It is bs what the cop is telling you, they won't get a conviction on you with that. I bet the da won't even try you.