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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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What would I most likely be charged with if I got caught with,

Customer Question

What would I most likely be charged with if I got caught with, 3 grams off weed and half an ecstasy, a set off scales
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Were you out with the scales or were they at home?
Customer: replied 2 years ago.
I was out on a Saturday night with friends on the way to a party, we were pulled over by a police car. They searched me and that's what they found
Expert:  Jo C. replied 2 years ago.
What have you said about it?
Obviously it is the scales that suggests supply.
Customer: replied 2 years ago.
i said no comment to everything that was asked in my interview
Expert:  Jo C. replied 2 years ago.
They could charge you with PWITS.
It is a low amount but the problem is that there were scales in public with an amount than is greater than would normally be used for personal consumption.
It doesn't actually make too much difference though if the way that they put this is that you were holding the kitty for some friends. There is quite a lot of case law that says that a person in that position is not to be treated as a street dealer.
It is possibly that they could charge you with simple possession basically because it is easier to prove though. Probably it is 50-50. The evidence does suggest a PWIT but whether or not it is overwhelming is another matter.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thanks, it's just the fact that they let me go, then 5 months later I got a court latter about it. I have to fill in the reply form and send it away to be heard at the sheriff court house 31st off August or I can attend the court date and hand the letter in
I was 17 at the time the incident happened
I also have a full time job as an apprenticeship builder
Expert:  Jo C. replied 2 years ago.
Which offence does the requisition quote?
It sounds more like possession.
Customer: replied 2 years ago.
Misuse off drugs act
Customer: replied 2 years ago.
When it happened, I thought I would have been in the cells for 1 day then go straight to court on the Monday morning
Customer: replied 2 years ago.
thankful for your help
Expert:  Jo C. replied 2 years ago.
OK but which section?