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#1749995 - 08/03/12 12:00 PM Charged with cultivation in Ontario.
indiegurl Offline
Stranger

Registered: 07/28/12
Posts: 1
Loc: Ontario
First post here and it's for a crap situation I suppose.

My boyfriend and myself were recently busted. Charged with cultivation and possession of a shitty 30 grams. I have some questions.. please keep in mind I am on Ontario. I am pretty clueless when it comes to laws and myself do not smoke but am all for it as I use to daily.

What happened was our teens decided to prank call 911 when we were grocery shopping. Come home and the cops had them in the car and had already checked the whole house, opening a locked door and false wall finding four dead plants and a bowl of leaves. We were about to leave for vacation and in two days would have been taking it to dump it. We were done with it. They took the bowl of shake, a bag of garbage and the dead plants... leaving all the equipment behind, and there was a lot of it. I don't understand why they would leave it? This was around 8pm... while we were in the station they obtained a search warrant issued at 10:45 hours after they had entered. From what the kids said they only opened the door because they threatened to arrest them.. then promised myself (mom) would not go to jail. They did not ask where we were or to have the kids call us.

Safe to say... Child protection (CAS) was called and the children were removed for 2 weeks, because I said I do not do drugs.. they said I was lying basically. We got the kids back when the test came back Neg. It was a terrible situation and anyone who finds them selves in it I urge you to read this and use it to your advantage, the CAS works with mother risk
Mother risk grow houses

Now that the kids are home we can actually let the charges sink in. It's not been fun. Like I said I have no clue about laws. This is for 30 grams and cultivation. Did that bill pass for mandatory sentencing? If not any one have any advice, thoughts as to what will happen with these charges? Neither of us have a criminal record. Thanks for reading guys!




Edited by indiegurl (08/03/12 12:01 PM)

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#1752003 - 08/25/12 05:08 AM Re: Charged with cultivation in Ontario. [Re: indiegurl]
Immanuel Offline
Journeyman
***

Registered: 06/22/12
Posts: 83
Loc: other heights and regions
Mandatory sentence bill is not in place yet. But it doesn't matter much, cultivation is still serious. Last I recall it's 7 years maximum. Be ready to defend everything you own, because sometimes they go after the house too. Lucky you got the kids back, but you still got to think about what to do for them, for the future.

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#1752005 - 08/25/12 06:03 AM Re: Charged with cultivation in Ontario. [Re: Immanuel]
mjbudder Offline
Old hand
***

Registered: 08/17/05
Posts: 714
Loc: Gulf Islands BC
for 30 grams and a clean record They will not be trying to take property.

To Take the house they would have to prove it was bought with the sales of cannabis

If they were under investigation for dealing and distribution in hundreds of pounds of cannabis maybe

No need to be fear mongering Immanuel
_________________________
no sig hmm

space for rent

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#1752061 - 08/25/12 08:24 PM Re: Charged with cultivation in Ontario. [Re: indiegurl]
History Buff Offline
Journeyman

Registered: 09/04/07
Posts: 77
Loc: Edmonton
Enter a plea of not guilty, trial by jury. Negotiate with the Crown. In exchange for a guilty plea, ask them to drop the charges against you (you were not growing) and have charges against your boyfriend reduced to simple possession. When you do go to court ask for the lowest possible penalty. Otherwise, go to trial and take up 5 days of court time and the time of 12 good citizens.

Never hire a lawyer, it just makes this more expensive. NEVER CALL THE COPS - FOR ANY REASON, it always makes a bad situation worse.

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#1752085 - 08/26/12 08:07 AM Re: Charged with cultivation in Ontario. [Re: History Buff]
OCNORML Offline

Sticker-er
***

Registered: 12/12/07
Posts: 5739
Loc: Nevada
Never hire a lawyer might be good advice for Canada, in most of the USA< you might as well just plan to stay in jail for maximum penalty, without one.
_________________________
www.oaklandnorml.org I'd rather smoke Legal cannabis medically, than Medical cannabis legally.

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#1752094 - 08/26/12 10:36 AM Re: Charged with cultivation in Ontario. [Re: OCNORML]
History Buff Offline
Journeyman

Registered: 09/04/07
Posts: 77
Loc: Edmonton
This sounds like legalized graft. It happens in Canada too.
Defending a similar cultivation charge in Canada will cost you from $8,000 to $20,000. There is no way you can be not-guilty, lawyer or not you will be convicted.

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#1752097 - 08/26/12 11:16 AM Re: Charged with cultivation in Ontario. [Re: History Buff]
OCNORML Offline

Sticker-er
***

Registered: 12/12/07
Posts: 5739
Loc: Nevada
In the USA we have bargain basement justice. If you have enough green and the right lawyer, you will get charges reduced, dismissed, or just plea bargain the entire thing away for FINES.
_________________________
www.oaklandnorml.org I'd rather smoke Legal cannabis medically, than Medical cannabis legally.

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#1752098 - 08/26/12 11:21 AM Re: Charged with cultivation in Ontario. [Re: OCNORML]
topcat1666 Offline
Ganja God
***

Registered: 09/08/04
Posts: 10618
Loc: la la land
IF not fines just a defered sentence. [ don't screw up for set time and it never happened]

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#1752108 - 08/26/12 12:17 PM Re: Charged with cultivation in Ontario. [Re: OCNORML]
History Buff Offline
Journeyman

Registered: 09/04/07
Posts: 77
Loc: Edmonton
Crown prosecutors are not motivated by profit, but lawyers are strongly motivated by profit.
Indiegurl should bargain with the Crown directly. Most* Crown prosecutors are good honest people who will understand your situation and do what they can.
* like all people; most are good and a few are evil

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#1752210 - 08/27/12 08:20 PM Re: Charged with cultivation in Ontario. [Re: indiegurl]
helpful Offline
Newbie

Registered: 12/05/08
Posts: 27
The police were there to investigate a 911. Any other items, illegal or not that are not related to that call are not admisssable as evidence.
the police got a warrant from the Justice of the Peace to remove the marijuana only. You will see this on the search warrant. The JP knows the law regarding 911 calls and this is why he gave strict instructions on the warrant.
They may take your illegal items and you wont get them back. FYI-rcmp are required to keep evidence for 60 days but they will tell you it has been destroyed.
The police are on really shaky ground on this as they have to prove knowledge and control of yourself and/or whoever has been charged. Without a sworn affadavit from your kids or something that proves you had knowledge and control, they have bigger fish to fry. ie-dont take offence but your kids called 911 as a joke, aka-lie. Maybe it was the kids who were growing. Th 911 call/actions of the kids shows they are unreliable and liars. You can use this type of defence.
The cops have to do their job and they may not know the law so what they often do is throw of charges at you and hope one of them sticks. They have to answer to their supervisors as to what they did to make their existence as tax payer funded employees valid.
This may be above and beyond your interest but you can call a summary trial which puts the onus on the police to prove that you had knowledge and control. You are legally entitled to see all of their evidence, photos, fingerprints etc. to do with that crime. I doubt they would go that far as they will prolly try to do a deal to a simple posession or something to pacify their job(look boss, I got a conviction from that BS slew of charges I made!)
research supreme court cases from the Supreme court website from all provinces, search 911 calls and unrelated illegal items found while searching residence.
Also, unless there is a report of gunshots or domestic disputes, they arent supposed to enter any dwelling unless given permisssion.
Research all the related case law that supports the dropping of al charges and submit these to the crown prosecutor, who is often overworked and underpaid and know that his case is weak and will want to make a deal.
Stick to your guns and dont get into a back and forth letter writing campaign with any lawyer or crown as they take every word you say and show it to the judge if it goes that far.
I have skipped many parts that you will have to figure out yourself as there is not enought time to type it all for you. You will have to a lot of work and research on your own. Its your future so the more time you put into it, the more info and educating yourself, the better you will do. Judges HATE unprepared self represented litigants. Show the Judge(if it gets that far) that are educated and prepared and you be shown respect and treated fair by them.
Do not admit to anything.
Good luck with your work!

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