Ask Me Help Desk - In Ontario I was charged with possession of marijuana

In Ontario I was charged with possession of marijuana

I was searched In my school by my vice principal and she found weed in my bag.
She then took the marijuana and I showed some police, After a police officer walked in and told me it's under 3 grams so you won't be going to jail and that's it. After my vice principal called my dad to come pick me up from school, I asked her how much was there she said only a couple buds she didn't even weigh it , She informed the police but they didn't talk anything about me having possession of marijuana. She sent me home with my dad telling me that a police officer will be calling my house later. Later the police called and told me that I am being charged and being giving a court summons, the officer didn't tell me what I was being charged for and why I am being giving a court summons. Is there anything that Police Wrong here that can help me out in court please?

Quote:

Originally Posted by DunknoeUsg

I was searched In my school by my vice principal and she found weed in my bag.
She then took the marijuana and I showed some police, After a police officer walked in and told me it's under 3 grams so you wont be going to jail and thats it. After my vice principal called my dad to come pick me up from school, I asked her how much was there she said only a couple buds she didnt even weigh it , She informed the police but they didnt talk anything about me having possesion of marijuana. She sent me home with my dad telling me that a police officer will be calling my house later. Later the police called and told me that i am being charged and being givin a court summons, the officer didnt tell me what i was being charged for and why i am being givin a court summons. Is there anything that Police Wrong here that can help me out in court please?

You had marijuana in a school and don't know why you've received a summons to appear in Court. You also don't know what you're being charged with, right?

The charge is on the summons. I suspect it's for possession of marijuana. That's, of course, just an educated guess.

The Police did nothing wrong. They could have handcuffed you and taken you from school in cuffs. They chose not to do that.

What do you think the Police did wrong?

They never said anything to me about the possession , they didn't tell how much was there and they didn't weigh the amount they just its not 3 grams, Also none of the police talked to me at school I was just sent home with out a charge or anything then later the cop called saying I was charged and given a court summons , Obviously I knoe what I charged for but shouldn't they have to tell you for what and how much , and since they didn't weigh it in front of me how do I knoe they said there was more then there really was?

Quote:

Originally Posted by DunknoeUsg

They never said anything to me about the possesion , they didnt tell how much was there and they didnt weigh the amount they just its not 3 grams, Also none of the police talked to me at school i was just sent home with out a charge or anything then later the cop called saying i was charged and given a court summons , Obviously i knoe what i charged for but shouldnt they have to tell you for what and how much , and since they didnt weigh it in front of me how do i knoe they said there was more then there really was?

No, the Police don't have to weigh the drugs in front of you - for that matter if it had been powder they don't have to analyze it in front of you. That's where there's a chain of evidence.

They also don't have to discuss the arrest with you.

You basically don't know what they are going to claim. You can only hope they will be honest - and people post all the time that the Police lie.

They don't have to arrest you on the spot. If they think it was possession with intent to sell it often takes days and days to levy the charge because the Police want to know where you got it.

They probably didn't tell you what the summons was for because they figured you would figure it out - but it should be on the summons.

Why were you searched? Have you been suspended from school? In your area is the practice when drugs are involved to send you to an alternative school?

They didn't even give me the summons yet

Quote:

Originally Posted by DunknoeUsg

They didnt even give me the summons yet

The charge will be on it when you get it. Was this taken before a Grand Jury, something similar?

This doesn't sound like a simple arrest.

I didn't even talk to the police at school they didn't even say I was charged or anything, they just called around 5:00 pm

Quote:

Originally Posted by DunknoeUsg

I didnt even talk to the police at school they didnt even say i was charged or anything, they just called around 5:00 pm

You said: "She then took the marijuana and I showed some police, After a police officer walked in and told me it's under 3 grams so you wont be going to jail and thats it."

Here you say you never talked to the Police.

None of this matters. You had marijuana in your possession. It's illegal. You were told you are going to be either arrested or given a summons to appear in Court. It would appear it will be a summons.

The Police did nothing wrong. You, on the other hand, broke the Law - I may not agree with that law, but you were in clear violation.

Quote:

Originally Posted by DunknoeUsg

Holy the only reason a cop said that is because I said am i gettin arrested he's like its under 3 Grams so no Thats it nothing mor

LESS than 3 grams you aren't arrested; more than 3 grams, you are.

You can also be arrested for LESS than 3 grams if you are under age, possess with intent to sell, are on public property.

I'm guessing you fit into one of those categories.

Please stop starting new threads for same subject, I have deleted your other post.

Merely add more information on this thread to continue talking about this

Quote:

Originally Posted by DunknoeUsg

I was searched In my school by my vice principal and she found weed in my bag. Is there anything that Police Wrong here that can help me out in court please?

Hello Dunk:

Yes and no... The school principal was acting as an agent for the police. As such, she needed a warrant to search you. The case should be dismissed.

excon

PS> (edited) If you mean Ontario, Canada you don't have the same search and seizure rights as someone who lives in Ontario, Washington.. I'd bring it up anyway.

Quote:

Originally Posted by excon

Hello Dunk:

Yes and no... The school principal was acting as an agent for the police. As such, she needed a warrant to search you. The case should be dismissed.

excon

PS> (edited) If you mean Ontario, Canada you don't have the same search and seizure rights as someone who lives in Ontario, Washington.. I'd bring it up anyway.

I don't see any indication that this wasn't a consensual search - does it matter?

In my area drug-sniffing dogs work the schools. There are no warrants. There are searches and arrests.

Civil rights or not, it must have something to do with school property.

Quote:

Originally Posted by JudyKayTee

I don't see any indication that this wasn't a consensual search - does it matter?

Civil rights or not, it must have something to do with school property.

Hello Judy:

Sure it matters... Children have the same rights as adults do... In terms of school property, they MIGHT be able to search school lockers, but this was in his bag, presumably NOT in his locker...

It was probably Canada where this issue isn't an issue.

excon

Quote:

Originally Posted by excon

Hello Judy:

Sure it matters... Children have the same rights as adults do... In terms of school property, they MIGHT be able to search school lockers, but this was in his bag, presumably NOT in his locker...

It was probably Canada where this issue isn't an issue.

excon

I thought it is/was Canada, and that's how I answered.

I have found various cases - mostly in NY, and I appreciate that's not the discussion - where the search of belongings and/or the students does not require a search warrant. http://docs.nycenet.edu/docushare/ds...t-21/A-432.pdf

Interesting point of law. All of the cases hinge on safety of other students, and many involve both weapons and drugs, usually marihuana.

Message withdrawn.

Quote:

Originally Posted by iaskuanswer

Hi, Sorry to hear about your trouble at school. When you go to court over this, if you haven't been in trouble before, it is almost certain that you will be offered a Diversion contract. This is what usually happens in Ontario. You will most likely be required to complete a drug education type of program (through Pinewood Centre if you happen to live in Durham Region) and then that will be the end of it. If you stay out of trouble afterwards, than your record will be clear as far as anyone like future employers can see. Good luck.

OP didn't ask about sentencing, so I didn't post what I wrote for AMHD (Her concern is the actions of the Police):

“Ontario diversion program guidelines vary from region to region, courthouse to Courthouse. Eligibility for such a program is ALWAYS determined by the Crown Attorney's office. There are no exceptions. You are not required to have legal counsel in order to apply.

If the offense - theft - is not major (property was recovered, not a large amount, not a repeat offender) the Crown Attorney MAY approve eligibility into the diversion program prior to the Court appearance. If there are prior dealings with the Police - and charges do not have to be placed, any prior dealings of a negative nature - the person will most likely not be eligible for the diversion program.

As part of the diversion program the eligible person will have to agree to complete certain tasks or obligations - perhaps watch a video, make a donation or volunteer time to a not-for-profit, write a paper on the crime.

When the tasks/obligations have been competed to the satisfaction of the Crown's Attorney he/she will recommend to the Judge that the criminal charge (usually, theft) be withdrawn.

Each courthouse in Ontario has a different diversion program and eligibility requirements differ from region to region. Eligibility for the diversion program is always determined by the Crown Attorney's office. If they deem a theft offence to be of a minor nature (usually a small quantity of merchandise was taken and the property was recovered), the Crown may pre-approve eligibility into the diversion program. A person will not generally be eligible for diversion if they have had prior dealings with the police (even if it did not result in a criminal charge being laid). Once in the diversion program, the eligible candidate may be asked to complete one of a number of different tasks. In some jurisdictions, a person charged with theft may be required to watch a video on shoplifting. In other jurisdictions they may be required to make a donation to charity or complete a minimum number of community service hours - or both. Regardless of the requirements, the result is usually the same. Once the diversion program has been completed to the satisfaction of the Crown Attorney, the Crown will recommend to the court that the criminal charge of theft be withdrawn against the accused person. This will result in the accused person maintaining a clean record (assuming they didn't have a prior criminal record).

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.”