How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask james bruce Your Own Question
james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 4771
Experience:  Owner at James Bruce Solicitors
Type Your Law Question Here...
james bruce is online now

I was arrested last week for possession of 1.5/2g of

Customer Question

Hello, I was arrested last week for possession of 1.5/2g of cocaine. They have seized my phones and me and my friends often chip in together for cocaine and I’m worried they’ll see these messages and charge with me intent to supply
JA: Do you have any upcoming court dates on the drug possession charges?
Customer: not yet
JA: Where did the drug possession occur?
Customer: in a car park, I was caught just after getting out the dealers car
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 14 days ago.
Category: Law
Customer: replied 14 days ago.
I was arrested and interviewed I didn’t have a solicitor I admitted to the offence and helped with there questions about the deal and the dealer
Customer: replied 14 days ago.
I am released under investigation but I really don’t want to go to jail
Expert:  james bruce replied 14 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 14 days ago.
Thanks James
Expert:  james bruce replied 14 days ago.

From what you have said, the police will forensically examine your phone and read the messages.

Then they will most likely reinterview you when you answer bail.

Although your friend may have chipped in with the money, if you then went and made the purchase and was then going to give his some cocaine to use, them legally that is still supplying. It is an illegal substance and he did not give you Money to go and buy a packet of biscuits to share form the corner shop.

You could be charged with possession with intent to supply class A drugs.

But, depending on the content of the messages and you co operation the CPS are more likely to charge straight forward possession.

If the worst happened for such a small amount and they decided to charge supply, then I would advice pleading not guilty and elect trail at Crown Court.

A trial with the back log of cases is likely to be somewhere between 12-18 months to get to trial as things currently stand, and a senior prosecutor will review the file and if they see you are will ing to plead to possession it is very likely the supply will be dropped.

Customer: replied 14 days ago.
Ok, so likely even if they see the messages and charge me with supply I can get it dropped anyway? What will I get for possession? I co operated fully and have never been arrested before or in trouble with the police. I’m currently released under investigation as they have arrested the dealer and other people connected to him too
Expert:  james bruce replied 14 days ago.

For straight forward possession of class A, small amount, first offence, early guilty plea and full co-operation as you have done, the starting point is a fine, with a range of sentence from a small fine up to a year in prison.

In your case with all the above taken into account it would be a fine.

I have attached a copy of the guide the court would use for sentencing.

It is possible with your co-operation, no previous convictions and a small amount, the police may consider a caution.

Customer: replied 14 days ago.
Ok, would you now advice I wait for them to contact me? Or should I email the OIC on the case to chase when I can have my phones back as one is my work phone!I admitted to meeting him more than once and gave them all of his details.. will this help me? Is it possible they’ve held my phone to make a case against him?The DC who arrested me in my interview was shaking her head to tell me which questions to say no too so I didn’t incriminate myself
Expert:  james bruce replied 14 days ago.

You need to wait for the police to come back to you . There may be some wait sorry to say to get the phones back.

Customer: replied 14 days ago.
Ok and I’m the meantime would you suggest me hiring a solicitor to look through what’s happened and chase the police etc or will that make it worse? Maybe just wait and see?Thanks so much James you’ve honestly been amazing
Customer: replied 14 days ago.
Also if I was to get a prison sentence would it be likely to be suspended?
Expert:  james bruce replied 14 days ago.

That small amount and no previous conviction, you will not get a prison sentence. The court Must follow the guidelines.

The police will take as long as is needed to check the phones, a solicitor cannot make that happen any quicker .

Customer: replied 14 days ago.
Ok and if charged with supply, the most likely case is a community order giving my background etc? I have a good job and hope that would be taken into account that I’m not the usual person to go jail
Expert:  james bruce replied 14 days ago.

If convicted of supply the offence would be category 4 lesser role. Starting point is 18 month prison with range of high community order unto 3 years prison.

If it is treated as street dealing then starts at 3 years with range of 2 - 4.5 years

Customer: replied 14 days ago.
Yeah it definitely wouldn’t be treated as street dealing just sharing with friends would it?Ok in your experience if I did get charged and found guilty of supply would I get a Prison sentence? And if I did would it be suspended?
Expert:  james bruce replied 14 days ago.

First offence would be either the community order, or suspend sentence with community order as most likely outcome.

Customer: replied 14 days ago.
Amazing, thanks James! So regardless I’m not going to prison that was all I needed to know!! Thank you so much for your help I honestly do appreciate it you’ve been a great help and I can now sleep easier at night.
Expert:  james bruce replied 14 days ago.

your very welcome, good luck, take care.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 13 days ago.
Sorry one last thing.If I’m re arrested for supply and charged would they hold me
In custody until the court date or likely bail me or release under investigation again?
Expert:  james bruce replied 13 days ago.

That would really be up to the police to decide on the evidence they would have at the time.