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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
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, my boyfriend is in trouble and is acting like nothing is

Customer Question

Hi, my boyfriend is in trouble and is acting like nothing is wrong and that everything will be fine. So I thought I would try here. He has some quite serious health problems which cause him a lot of pain. He uses prescribed medication and also cannabis. He lives with his mum but has a friend that grows the odd plant here and there. I don't drink or smoke but I have no problem with my boyfriend smoking as its quite obviously a good painkiller.
I wont let him grow anything at mine and his parents won't at theirs but I have no problem with his friend doing it. I wish they could do it legally. It is his mates personal. He doesn't sell it.
My boyfriend has to spend much time resting otherwise his pain becomes unbearable so he cannot work much, most of the time he cannot afford the cannabis he uses as a painkiller so when he gets money he has bought extra in the past to sell to a few friends to be able to afford his own. Illegal yes, but nothing large scale at all.
Anyway he got caught by the police with a few grams (bought not grown) and some plant food for his mates single plant. So the police took his phone which they will find evidence of him selling to his friends. My boyfriend has no previous trouble. They came to his mums house and found nothing.
He is a really kind person. He would go out of his way to help people even if it hurt him. He has been dealt some bad cards in life and it's definately going to appear that he is a dealer. I guess by law he is as he helps a few friends out to be able to afford his. He is disabled. He does volunteer work twice a week at the British heart foundation. What kind of trouble is he likely to be in? The phone doesn't have any sent messages from him. Just received ones from friends asking if he can help them.
Any help would be appreciated. He is too ill for this, he knows he has done wrong but his quality of life was improved by doing what he did and all his friends were full grown adults. There were no victims in this crime.
Thank you.
Stacey uk.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this?
Customer: replied 1 year ago.
What trouble can he expect to be in. He has unconditional bail. He has to return in a month. By then they will see the evidence on his phone that he has received texts asking for cannabis from a bunch of his friends. So although he only got caught with a personal amount his phone will prove he has sold some. He is on pay as you go. Is the police seeing messages on his phone asking for cannabis enough for them to go to the phone service provider and get sent messages too? I know my query is rather vague. He has no prior I just wonder if he is likely to go to court and if so what is his punishment likely to be? If there are any other details I can provide you with please let me know. Thank you. Stacey.
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Is he on bail for cultivation?
Customer: replied 1 year ago.
No they found a receipt for some lights. He has never grown anything. He bought the light for his friend. His friend said he could have some for doing so. The police saw the receipt and pictures of his mates plant on his tablet but he wasn't caught with the plant. He is just in unconditional bail for possession of the few grams he had. It seems the police were very relaxed about the situation. My boyfriend is very polite and well mannered. He is quite badly disabled so I think the police were understanding. The police have his phone. It's locked. They asked for the code and my boyfriend declined because he was scared. The policeman thought he declined because he wanted to warn the person he got the cannabis from that his phone had been compromised. So the policeman said he will phone in a couple days asking for the code into the phone to save waiting a month for the techs to crack the code. So it will probably be tomorrow or the next day the police ask for the code to the phone. At the moment despite having pictures on a tablet a receipt for a light and a few grams found at the house it seems like it's just a caution. I expect that to change when they see the messages of my bf's friends asking to be provided with cannabis. Like I said earlier he would buy extra and sell some to afford his own. Just to a few close friends. I cannot see him going to prison as this is his first offence but I have no idea what kind of punishment he will get. Maybe a fine? He is too ill to serve time. Is buying a light for someone else and taking photos of someone else's classed as cultivation? Thank you. Stacey.
Expert:  Jo C. replied 1 year ago.
Has he admitted selling?
Customer: replied 1 year ago.
No not yet. Would denying it be detrimental or should he deny it? They have his phone. No sent text messages on it but prob a fair few asking for cannabis.
Expert:  Jo C. replied 1 year ago.
They could rely on that under the new laws. It is all a bit odd really. If it is a small amount consistent with personal use then it is surprising that they didn't just caution at the outset unless he has relevant previous convictions or cautions.
If they do charge though then it would be with possession with intent.
The sentence for that would depend on the amount. If it is a very small amount then probably it would fall into category four and this is cannabis obviously so a class B drug.
If he has no relevant previous convictions then I would expect a community order.
If he does have relevant previous convictions or it is a larger amount then custody becomes a possibility. I'm afraid you get heavy sentences for PWITs. Our entire sentencing guidelines are predicated on the basis that dealers and users are different people when the reality is that most users deal on occasions.
Can I clarify anything for you|?
Jo
Customer: replied 1 year ago.
Thank you for the info. It was about three or four grams and he has no previous so hopefully luck is on his side. There is no victim in this crime so I hope that when it goes to court and it likely will that they will see he is not the criminal type. Whether that makes a difference or not depends on the judge I guess? He made a mistake and that was trying to support his pain regime by helping a few friends out at the same time. Hopefully the next generations that take power in this country amend certain laws concerning cannabis because my boyfriends life would be a lot harder without it. Up until now it has improved the quality of his life. Anyway thank you very much for the info. I'm hoping because it's was a personal amount and that he has never been arrested before that he gets a fine or a community order like you said. Being caught with a receipt for a light that he bought for his friend and having photos of his mates plant could worsen his case. One last question. As his phone has the evidence of pwits should he admit to the policeman when he phones up asking for the code to the phone? Or just give him the code and say nothing? And on the court day would pleading guilty serve him better than lying when there is obvious evidence? Thank you.
Expert:  Jo C. replied 1 year ago.
There is a victim. He has been selling drugs. Saying things like there is no victim will rack up his sentence three fold.
Pleading guilty does attract credit but he should not be making admissions to the police unless there are going to caution.

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