Marijuana and Ecstasy Possession
My question involves criminal law for the state of: Canada, Ontario (US law is similar)
It was close to 10pm and I drove through a ride check. Immediately the officer could smell pot and asked me if i had any on me. I denied it and he started to look around the car with a flashlight. He asked me if i had been smoking and i admitted i had a couple puffs off a joint a couple hours ago. A couple seconds later he finds a little piece of weed sitting on the shift boot and asks me to step out of the car. I am placed under arrest and the officer searches the car and finds 2 ½ Oz bags of marijuana and a .2 bag of ecstasy (never done ecstasy in my life bought it for a rave the next day). Finding out that i have been previously charged with possession over 30g as a minor in July this year (did a diversion program and the charges were dropped) he would eventually bring me to the station and cuts me no breaks seemingly as i have screwed up again after having a second chance. I tried to gain sympathy through saying i might not be able to go to university because of this and that i had just applied as well. The assisting officer was generally interested in this and asked me questions relating to my program and school choice. I responded accordingly and he said give me a minute as he shut the door and talked to the other officer while still at the scene but it seemed to do little to nothing. He did all of his paperwork and was seemingly not a dick about anything nor was i difficult to him (listened, told truth, and was not an asshole). I was read my rights at the ride check and he had reason to search the car so i guess I'm screwed. I just turned 18 in october and now i feel like this mistake will screw up the rest of my life as with university, getting a job, and crossing the border. However there is a discrepancy in the papers i received from him. My promise to appear in court has my dates for fingerprinting and court as well as my correct date of birth, and a charge of over 30g possession of marijuana, thats it. The undertaking given to a peace officer paper states that i was refrain from this activity and notify police if i change address, but also there was a wrong date of birth (1996 instead of 1995) and the charge of possession over 30g marijuana was also on that sheet. The pursuant to the criminal code and canada evidence act states the evidence to be used in the case and states my wrong date of birth again (1996 instead of 1995) and says i was in possession of a schedule 2 substance marihuana under 30 g and possession of a schedule 1 substance methylenedioxy-amphetamine (ecstasy) and also stated documents from Drug Analysis Reports Health Canada would be in court as well. There is not only a discrepancy in my date of birth but also in the drug charges as my promise to appear and undertaking given to peace officer papers both state i was in possession of over 30g marijuana while my pursuant to criminal code and canada evidence act paper states i was in possession of marijuana under 30g with possession of ecstasy. The cops know my dad through the emergency room therefore i thought i could get some mercy and maybe i did. Are the discrepancies in these signed documents by the officer and me enough to throw the case out the window with a lawyer or am i looking at a very dark future? This is my second offence in 6 months but my first as an adult, and i get the overwhelming feeling that my life is starting to end before its begun like doors closing on me and i can't do much to stop it. I have overwhelming anxiety and cant get in contact with my lawyer till Jan 2nd. Can anyone tell me if i can get off on a technicality and if not what punishment i would likely be facing and also if i can attend a post secondary institution (university/college) if i am charged. I know i am from Canada but US law is very similar and any advice or answers would be greatly appreciated thank you.
Re: Marijuana and Ecstasy Possession
US law is, in some areas, quite different. In fact, there are at least 51 different sets of US law (50 states and then Federal law). In the US, the answer would depend on what state you are in.
So no, I don't think we can tell you.
Re: Marijuana and Ecstasy Possession
Bad way to start the new year. Sorry bout yer luck.
Re: Marijuana and Ecstasy Possession
http://www.defencelaw.com/printversi...-contents.html
go to the drug offences chart. This was made by a Lawyer in Toronto, Ontario
Re: Marijuana and Ecstasy Possession
So what do you need us for?
Re: Marijuana and Ecstasy Possession
Advice on whether or not the charges will be dropped for the discrepancies for legal documents and if not what penalty i will be facing let it be jail, probation, etc. Any advice you can give me will help ill take anything. I honestly don't care if your legal knowledge is off a specific state or country, anything will help me
Re: Marijuana and Ecstasy Possession
Our opinions on whether or not the charges will be dropped or what penalty you will receive are not binding on the court.
In the US a wrong date of birth would not mean diddly. I can't imagine that Canadian law is different in that respect.
Re: Marijuana and Ecstasy Possession
The evidence paper he gave me stated i possessed schedule 2 Marijuana Under 30g and also Schedule 1 ecstasy proven by documents from Drug Analysis Reports Canada. The promise to appear in court & undertaking given to police officer papers states that i had over 30g of marijuana and no ecstasy. Pretty huge difference between the evidence paper charges and the appear in court / Undertaking of officer paper. I received all papers at the same time and the officer signed all papers except for the evidence one in which i was the only one to sign.
Re: Marijuana and Ecstasy Possession
Fine. Talk to a Canadian lawyer about it.
Re: Marijuana and Ecstasy Possession
The best thing you can do right now is stay off drugs, and if you can't do it yourself, get into a rehab program.