Ask a Law Question, Get an Answer ASAP!
I got arrested on the 8th november I had put 9 plants in a wood , when the police arrested me they said I'm arresting you with being concerned in the cultivation of cannabis, they searched my house and took 4 phones and found a substance they believed was heroin.Which later turned out to be untrue as was not charged with anything
I was detained at the police station and interviewed.I went no comment all the way I was bailed for 6 weeks then had my bail extended for a further 6 weeks when I answered bail they charged me with produced 9 plants. I ran into a member of the public at the start of October visiting plants he recorded my number plate and alerted police. The police or this individual set up a camera and they photographed me spraying plants with a spray bottle, the plants were left in the forest and I did not go past the act of cultivation I want to represent myself with the help of a McKenzie fried and plead not guilty.
I have a previous conviction for being concerned in the cultivation of cannabis which was in sept 2008
should i plead guilty or not do they have a strong enough case to convict me
I am not likely to qualify for legal aid as I own 3 properties what will the fees be for legal representation in the magistrates court should I seek a different solicitor than the one I had at police station as I admitted to putting plants in forest to him at police station
I only admitted to solicitor during a chat that I did not want the plants in the house from this he assumed I planted and admitted tending.
I think it best to change solicitors and have a fresh start he seems to think because I have 'previous they may send to crown for sentencing.
The guidelines are discharge to med community order for cat 4 9 plants.
I do not want to plead guilty to production because its a trafficking offence and could start a poca
what happens when you go to magistrates court do you have to enter a plea will my current solicitors fight the case after I admitted putting plants there.
I do not want a conviction if I can help it because will affect getting insurance and I want to train to be a driving instructor
how has the cps brought these charges I think its best i go with a new solicitor
if I pay privately for my brief can I claim legal aid later. my appearance is on the 18th feb what will happen on that day please
am i risking a custodial sentence buy going to trail my solicitor said the police believe I was growing cannabis with a view to supplying others and they will be interrogating my phones for any drug related texts sent or received they did not find any so did not get charged with supply or intent to supply.
Is my conviction 6 years ago for concerned in production of cannabis an aggravating factor that can move me outside the range of cat 4 lesser role ranging from discharge to medium community order .
how long will the trail last ,unfortunatly my mum has passed away recently and I am in charge of a farm and I cannot risk a custodial sentence, there should not be any evidence on my phones but there may be a witness statement of seeing me and my van at the place where plants were found the police then say the same witness set up a camera and caught me tending to plants this is the disclosure that was given to my solicitor
thats why they took my phones with the absence of any drug related text messages or anything directly related to the plants in the woods it will be difficult.
Also no plants or cannabis were found at my house. this will be my last question for tonight thanks for your help
My solicitor said I should plead guilty to cultivation for personal use, there was a spray bottle I had left at the scene that may have my dna on it, and they have captured me on film watering plants with spray bottle this makes me guilty of the act of cultivation.
The prosecution also will not accept it was for personal use as they found single deal bags in my house no scales or cash though. If I go to trail they will be pushing for production with intent to supply which I cannot risk getting convicted of,
There are a few mitagating factors I have a mental health problem and it was an isolated offence I have also taken steps to address offending and drug use
in magistrates court, I would like to pay privately for my legal representation how much will it cost are you a uk based lawyer. Think I am only facing a community order for an early guilty plea
Is'nt 9 plants cat 4 offence I want to represent myself and just enter a plea of guilty to production for personal use
I have not been charged with supply or intent to supply and there is no evidence of supply
If I just go to mags court and plead guilty for personal use the court will send me for pre sentence report
It will be difficult for them to prove supply as plants were left unharvested until November the 1st I visited plants that day and noticed a woman on a bike and car pulled over think as I cycled to grow site I was being watched so they may have evidence.
am due in court on the 18th will he have the case papers before court