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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am 45 years old and have never been in trouble with the Police.

Resolved Question:

I am 45 years old and have never been in trouble with the Police. Not even points on my driving licence or stopped for any reason. Recently I visited a friend. I had been in the house for approximately 2 minutes (long enough to hang my coat and go straight to the bathroom as I needed to pee).
The Police 'raided' the property, breaking in the door. I was searched and nothing was found. I was arrested for possession of Class A drugs, presumably because of my presence in the property, but was not in possession of anything myself. I do not know if anything was found in the property or on the person of anyone else in the property.
I have been bailed to return to the Police Station in 4 weeks.
What can I expect in terms of procedure and/or next steps?
Where can I access any kind of support?
I appreciate that far more detail may be needed for specific advice, but I have no point of reference and am really struggling to cope with the worry/fear/stress this has caused.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Will your friend confirm you don't use drugs?
Customer: replied 1 year ago.
Yes, I believe so, but we are not close friends and I have not been in touch since the arrest.
Expert:  Ash replied 1 year ago.
But nothing was found on you?
Customer: replied 1 year ago.
No. Nothing on me, or my belongings.
Expert:  Ash replied 1 year ago.
The offence of possession of a controlled drug is committed when a person is unlawfully in physical possession or in control of any substance or product specified in Parts I, II or III of Schedule 2 of the Act and had knowledge of possession of the item even if he did not know it was a controlled drug. This includes anything subject to his control, even if it was in the custody of another.
The CPS website says "Section 37(3) of the Act provides that possession includes things subject to the defendant's control, which are in the custody of another. A person found in possession of one form of drug, believing it to be another form of drug should be charged with the substantive offence of possession of the actual drug. He should not be charged with attempted possession of the drug he believed it to be."
Therefore if you were not in possession and you didnt have any drugs then you wont be guilty of an offence.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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