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Just wondering

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Home, Law & Money
A friend of mine was arrested for failure to appear for a misdemeanor. (he was with a person that didn't have tags on his car) After he was cuffed they searched him and took him to the detention area. When he got on police property they found a half of a joint in his pocket....after he was already searched!! Now he has a charge of possession on top of failure to appear. Any idea what's gonna happen?

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    **helen****helen** Deactivated Posts: 9,235 Supreme Poster
    Hey, sorry you've had to wait a while for a reply, welcome :wave:

    Part of the reason others might not have responded could be because it's really difficult for regular people without legal knowledge to guess what might happen. Someone who's experienced something similar might spot the thread and add a reply, but for now I just wanted to drop in with some general info that will hopefully help. :)

    The combination of factors (not appearing and then having a joint) means it's quite tricky to predict the outcome - but I sense you already suspect that.

    Here's what TheSite says on possession (personal use, there was clearly no intent to supply based on the amount of cannabis your friend had)
    Charge 1: Possession

    Being caught with an illegal drug for your own use, whether it is (or has been) in your pocket, your bag, your house or car. You can also be charged with this offence if the police find the drug somewhere else (such as in a locker) and can prove that you controlled its whereabouts.

    If you're under 17, the police can also tell your parent/s or carer, and inform the Social Services and the Probation Service. Depending on the circumstances of your case, and local prosecution policy, the police then have these options for punishment:
    A formal warning (which is put on local police files.

    If you offend again this may influence the police to charge you, rather than caution you).

    A formal caution (a central police record held for 5 years. If you offend again, his can be used against you).

    Charge you with an offence leading to a Youth Court hearing. (This is more likely for repeat offenders, who may end up with a fine or a custodial sentence).
    You can be cautioned more than once, but if you keep getting caught, you'll go to court.

    (from here - http://www.thesite.org/drinkanddrugs/drugsafety/thelaw/ifcaughtwithdrugs)

    You might also want to let your friend know they can contact Release for further confidential and non-judgemental advice - 0845 4500 215
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