In a just society cannabis would not be a crime

17yr old 17/06/10

Hi,
I have a 17 yr old son who has been charged with supply of cannabis and supply of class A (mushrooms)
to the local high school no less oh my god!
Anyway when they excised their unsigned search warrent at least our copy is unsigned all they found was
a very small amount of cannabis and a pipe,some  bags and tinfoil although very old and old broken scales in
a sleepout used by many teens and not cleaned properly for many years.
We are going to see a laywer today he has been remanded on bail but are wanting to throw the book at
him. We have not yet received full disclosure but probably have heresay as 5 kids have been arrested at this
stage but so far mine is at the top please help this boy has never been in trouble at all be fore is studying
and usually works part time as well
Thanks for providing this service

Comments

supply charges

Hi Suzette
I've added you as a bushlawyer defendant which means you can start a private case document to discuss this case if you wish. Otherwise continue posting below if you dont mind it being public.
Thank you for contacting us. Fistly, there is no need to rush into any decisions until you have carefully considered  options with your son. You can enter NO PLEA for the first few court appearnace to give you more time too.
You will probably find that the authorities and lawyers will encourage an quick guilty plea to get things over and done with. However this could easily result in a conviction and heavy penalty. Since it is a first offence he may be elegible for Diversion which would avoid a conviction but involves admitting Guilt.
Since you say they want to throw the book at him, they may consider the charges too serious for diversion. Do not be intimidated by their threats. Since the School is involved they will probably try to make an example of him. While you son may "in theory" face prison time "in reality" he could never be given more than a slap on the wrist due to the small amounts and lack of previous offending.
While a fine may not be a big problem a conviction certainly could be. The best way to avoid a conviction is to challenge the case before a judge at a Defended Hearing. To do this he must plea either NO PLEA or NOT GUILTY.
90% of cases end in a guilty plea before any of the facts have even been examinded by a Judge or Jury. This is because people fear the process and the consequences of a court battle. In reality the penalties are no worse for people who challenge their charges.
You mention irregularities on the search warrent. This fact alone could see the entire case thrown out at a Defended Hearing. There is also dubious evidence such as the scales which could easily be challenged. The difficult part for most people is coping with the time period. It could take over 6 months to come before a Judge.
How many grams of mushrooms were found? were they found before the search warrent? I assume the supply charges relate to the bags and tinfoil. This very weak evidence and could also be challenged. Usually over 1oz of cannbis is needed to imply supply.
Best of Luck, let us know how you get on.

mushrooms

Thank you soooo much Im crying as I read your letter
Yes the lawyer does want a guilty plea but as yet still no
summary of facts
there were no! mushrooms found at our home!
but 4 other boys of various ages were found with alot as far as I know.
I have and will continue to find as much info as I can and I totally agree with what you have
said but also not sure who to trust etc.
Thanks again
ducklings mum

Lawyers

Thankyou for your kind comments. Lawyers should be directed by their clients not the other way round. Of course this often isn't easy because of lack of knowledge. If you are unhappy with your lawyer you can change to another one. You dont actually have to hire a lawyer. At court you can consulte with a Duty Soliciter for free.

From what you're saying there seems to be plenty of dubious points in the police case. I dont see why your son should plead guilty to charges, like the mushrooms, that he apparently did not commit.

All the best, Julian

yes I agree, I will be in

yes I agree,
I will be in touch as soon as we have full disclosure
we will need your help but I am sure they are watching our every
move (conversation) etc so will stay public for a while
Thanks again you keep me grounded at this stage
ducklings mum

private document

hi just checking, you recieved a private case document I sent late friday night.
My computer skills are limited so not sure if I sent it correctly or just dont know how to access
reply properly.
Thanks
ducklings mum