30 grams of marijuana and a scale were found in my boyfriend's car. it belonged to his friend but since it was in his car will be be charged? they are under 18.

My boyfriend was in his car with three of his friends around 11pm last night. They pulled over in a secluded parking lot because they got lost and were trying to enter information into the GPS system. <br />Apparently this parking lot was on private property and a cop came and started questioning them. None of them were high or smoking marijuana and my boyfriend believed that none of them had any marijuana in their possession so he told the cop, with confidence, that they weren't doing anything wrong. But the cop persisted and started trying to search my boyfriend's car (without a warrant?), apparently after finding one empty dime bag. <br />To my boyfriend's surprise, under the seat he found around 30 grams of marijuana and a scale. I know that this amount and a scale make it possible for the charge of trafficking not just possession.<br />These things belonged to one of my boyfriend's friends, who already has a criminal record for marijuana possession and trafficking. My boyfriend, on the other hand, has no criminal record whatsoever, for anything, BUT since the marijuana was found in his car (not his friend's bag), he is worried that the charges are going to be pinned on him. <br />I am worried that his friend is not going to admit that the drugs were his and my boyfriend is going to get wrongfully charged for being in the wrong place at the wrong time. All four of them are going to have to go to court and his hearing is on the 26th of October. Also, they are all under 18 so I'm not sure what impact this would have on the case. There were no witnesses but the three of them who had no marijuana could possbily all testify against the one who did? If they all said it was his would they get off with no charges?<br />Any help or advice on his rights and possible options would be greatly appreciated!<br />Thank you very much.


Asked over 3 years ago in Ontario
Categories: Criminal Law

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<br />before i start, this isn't a EXPERT advice but im just sharing my experience and knowledge from what i think of the situation. first of all, if no one takes the blame for the 30 grams of marijuana,&nbsp;unfortunately your boyfriend will have to since the drug was found in his car after all. I also do&nbsp;believe&nbsp;that if your&nbsp;boyfriends&nbsp;friend (the other 2 which the drugs&nbsp;didn't&nbsp;belong to)&nbsp;came forward and told the judge that the drugs actually belong to the other "friend", the judge would take that into consideration. I would recommend your boyfriend either to get a lawyer or legal aid. im guessing now all 4 of them are co-accuse meaning they aren't allowed to talk direct or indirect with one another. Im sure if your boyfriend gets himself a decent lawyer, he would end up only having to do come community hours and probation and have his case withdrawn. i personally dont think its too serious. but once again, this isnt a expert advice. just sharing my experience with you. hope it helps alittle. good luck

Posted over 3 years ago


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<br />Thanks a lot for the advice, even if it's not expert it's great to hear a second opinion. <br />You're correct in thinking that they are not allowed to communicate with one another anymore, so I'm not sure how he is going to organize getting them all to testify against the one. I'm hesitant that they would do this without prompting just because the other two guys are closer friends with the one who caused the problem than with my boyfriend. <br />That makes me worry that they probably won't want to rat their friend out so to speak. And I'm not sure if the owner of the marijuana is mature/decent enough to take ownership for it, especially because he was supposed to be on probation.&nbsp; <br />If the blame/charge does fall on my boyfriend what punishment do you think would come of that? Would it just be a possesion charge or possesion with intent to traffic? All that was found was a scale so I'm not sure if that is enough evidence to support trafficking. <br />Also would he be looking at community service, a fine, or a correctional institute? <br />Thanks again!

Posted over 3 years ago


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<br />Your boyfriend should get a lawyer. I have dealt with numerous such cases. Without reviewing disclosure, the details of the facts&nbsp;and&nbsp;assessing the legal issues involved, it would be impossible to guess the outcome. <br />Since your boyfriend and the others which are under 18 are Youths, it is highly unlikely that&nbsp;any of them are facing jail (which may make it difficult to get Legal Aid). The likely jeopardy they face ranges from community service to probation with various terms (e.g. counselling, curfew etc.). <br />If blame does fall on your boyfriend, subject to a variety of factors, a deal might be negotiated for the Crown to proceed with lesser and included offence of Simple Possession rather than Possession for the Purpose.&nbsp;&nbsp; <br />Finally, much value is placed on the individual's rehabilitation prospects. therefore, good school records (attendance and grades), character letters, job prospects, family/community support etc. play a major role. <br />I provide a free consultation, so I suggest your boyfriend take advantage of that. My phone number is 416 450 4099. <br />&nbsp;&nbsp;&nbsp;

Posted over 3 years ago


Yossi Schochet

Answer by Yossi Schochet

VerifiedOntario lawyer


 
Your boyfriend should get a lawyer. I have dealt with numerous such cases. Without reviewing disclosure, the details of the facts and assessing the legal issues involved, it would be impossible to guess the outcome.
Since your boyfriend and the others which are under 18 are Youths, it is highly unlikely that any of them are facing jail (which may make it difficult to get Legal Aid). The likely jeopardy they face ranges from community service to probation with various terms (e.g. counselling, curfew etc.).
If blame does fall on your boyfriend, subject to a variety of factors, a deal might be negotiated for the Crown to proceed with lesser and included offence of Simple Possession rather than Possession for the Purpose.  
Finally, much value is placed on the individual's rehabilitation prospects. therefore, good school records (attendance and grades), character letters, job prospects, family/community support etc. play a major role.
I provide a free consultation, so I suggest your boyfriend take advantage of that. My phone number is 416 450 4099.

Posted over 3 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Yossi Schochet, or search the Lawyer Directory.


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<br />Thank you for the advice! That is very reassuring to hear. <br />He is feeling pretty confident about the situation at the moment and I'm just hoping that our justice system will prove to be as secure and good as we think for someone who has legitimately not done anything wrong. <br />Thanks again for your time.

Posted over 3 years ago

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