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Original poster

DP charged with drugs possession, please advise.

42 replies

changer101 · 24/03/2010 20:36

I don't really want to get into all the ins and outs of the drug use, if you don't mind, just after some advice, please.

At the weekend DP was away on a lads weekend, a group of them got some ecstasy tablets to take, not something that is regularly done, it was a one off really.

Anyway, they didn't really take any, so DP had them on the way home. On the way home, he got pulled over by police as he had a break light out. He obviously smelled of alcohol (was drinking the night before) so he was breathalised and failed. He was then searched and they found 13 tablets in his bag.

He was taken to the station, was re-breathalised and was thankfully fine, but he was charged with being in the possession of drugs. He has been told he will be contacted in regards to this in due course.

Just really after some advice as to what this could mean. He said the police mentioned that it would most probably be a fine, and as he admitted it, it shouldn't go to court.

We have a big holiday coming up at the end of the year in America, but someone has mentioned that the charge could stop him being able to go, is that true?

Hoping someone might be able to give us an idea of what this charge will actually mean. DP is gutted and worried sick.

OP posts:
SuSylvester · 24/03/2010 20:38

yes no way can you go to america if you haev the teeniest convictio
he will be summonsed to appear

lawyer
mag court
fine i reckon

why did he not get a caution?

StewieGriffinsMom · 24/03/2010 20:40

This reply has been deleted

Message withdrawn

SuSylvester · 24/03/2010 20:41

you cant get to the us with a conviction for train fare dodging
i was told anyway

Original poster
changer101 · 24/03/2010 20:48

Really, so the holiday is pretty much not going to happen then

I don't know why he didn't get a caution, is it at the police's discretion? Could he still be cautioned rather than charged? (I know so little about things like this, sorry if I am being stupid)

It was personal use, he was told by the police that anything over 50 is classed as intent to sell, under that is personal use.

The other thing is, he has been through a crb check at work, I presume unless they ever have a reason to run one again (unlikely I would think) then he will be ok in that respect and has no reason to mention it?

OP posts:
Ewe · 24/03/2010 21:00

Travelers with a Criminal conviction(s)

Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for visas.

From the US embassy site, he will have to have an interview it would seem, here is a bit more info suggest calling them tomorrow.

nigglewiggle · 24/03/2010 21:09

If he was admitting simple possession at the time then he could have been cautioned at the time.

On a technicality, if he admitted holding onto the tablets to give out to his mates later - he has admitted possession with intent to supply. Did he have a solicitor?

It may be that a file has gone to CPS to decide whether to charge and they can advise that a caution would be more appropriate, if they take the view that it is personal possession. A caution for Possession with intent to supply is highly unlikely.

I don't know exactly how this will affect your holiday I'm afraid.

I'm taking his story at face value BTW, but it sounds a bit odd to me for a group of lads to buy tablets for a night out and not really take any.

weegiemum · 24/03/2010 21:13

If you have ever even been arrested, even if not charged, in the UK you have to apply for a US visa which is expensive and time consuming.

I'd start looking into it now if you have a holiday planned.

You also need to get a visa for the US even if you are only transiting if you can't use the VWP.

Its a pain in the arse and tbh has stopped us from ever wanting to go there - I have an old spent conviction but that has to be declared too. Its for the rest of your life.

nigglewiggle · 24/03/2010 21:15

I've just re-read your post and you say he was charged. If he was charged then he should have been given a date to attend court. His admission will not mean that he does not need to attend. It will mean that he is likely to be fined, but he will have a criminal conviction for drugs possession.

When I first read it, I thought he must have been bailed from the police station. I'm not sure why an officer would say he might not need to go to court if he has been charged.

I'm sorry for you that you are going through this.

MumInBeds · 24/03/2010 21:16

Regarding CRB it depends, at my workplace we're done every 3 years. I think everyone on CRB will be migrated to the new ISA scheme in 2011 which automatically mean a re-check.

Original poster
changer101 · 24/03/2010 21:20

Thanks Ewe, I'll look into that.

No he didn't say he would be giving them out later, he said they were his. He didn't have a solicitor, he was in and out of the station within an hour.

Niggle, they were away for the weekend, and had planned to take some each night, but they had a big night on the Friday, then decided against taking anymore on the sat and sun nights and just got drunk instead.

Weegiemum, I'll get him to start looking into it tomorrow and see what we can do about the holiday.

OP posts:
Original poster
changer101 · 24/03/2010 21:24

Thanks Muminbeds, that could be a problem, then i guess, god, what a nightmare!!

Niggle, crossed posts with you there, he wasn't given a date to attend court, he was told that the tablets would be tested to make sure they were what he said they were and that he would be then contacted.

OP posts:
nigglewiggle · 24/03/2010 21:26

I would get some legal advice. If he has admitted simple possession and he has no previous convictions, then I can't understand why he has been charged. A caution is a police record and not a criminal conviction, so it would have far less future implications. I would get some legal advice to establish why he was not considered eligible for a caution.

IngridFletcher · 24/03/2010 21:30

Don't despair too much about the holiday I know someone who emmigrated to USA a while ago and he had served prison time for something much worse. The process took a long time mind you.

nigglewiggle · 24/03/2010 21:31

Crossed posts with you too. He has been bailed then and he will have a date to return to the police station. I would get some legal advice before he goes back because what you want is for him to get a caution for possession. the fact that they are getting the tablets analysed suggests they may be considering a more serious charge.

prh47bridge · 24/03/2010 23:41

I don't think he has been charged. If he had been, he should have been given a charge sheet which gives details of the offence and says when and where he has to go to court. My guess is he's been arrested and bailed with a date to return to the police station.

The best scenario is that he hasn't even been arrested and that the tablets turn out to be innocent, even though he thought they were ecstasy. If that turns out to be the case you are in the clear.

If he has been arrested or charged he will have to get a visa for your holiday. That costs £60 at the moment and involves an interview in London. It is a pain and time consuming but you should still get your holiday.

As a previous poster said, if he needs a CRB check for his work he will need to be rechecked regularly and will soon be transferring to the ISA scheme, which essentially means he is checked continually. If he gets a caution or a conviction it will definitely show up. If he isn't cautioned or convicted it will be up to the police to decide whether to include this in his CRB/ISA check. Even if it does show up in a CRB/ISA check it doesn't necessarily bar him from continuing his current job.

violetqueen · 26/03/2010 21:59

It takes ages to get a visa for USA ,and I doubt you can start until the legal business ( caution /charge whatever ) is over.
Just saying for you to be aware re holiday.
What a horrible mess ,you sound as though you are being really pragmatic ,which I'm sure is really tough in the circs.
Your DP lucky to have you.
Hope things work out .

FlookCrow · 27/03/2010 18:53

What VioletQueen said :D

And to be honest, there is very little chance you will be able to go to the US at the end of the year if he receives either a caution or conviction.

Re: cautions, they are now considered "spent" once issued and you cannot be fired from your position for holding a caution. You also don't have to declare it unless applying for a job that requires you to do so (i.e. working with children, vulnerable adults, etc).

mranchovy · 28/03/2010 02:04

So when you are on the plane to the US and your husband has an I-94W immigraton form in front of him that asks 'Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance?', how is he going to answer that question?

This is informative.

FlookCrow · 28/03/2010 10:13

Mr Anchovy, she should have filled out the ESTA form before travelling, so hopefully that circumstance wouldn't arrive.

Plus as far as I know, the UK still doesn't share its arrest information with the US.

Buda · 28/03/2010 10:18

FlookCrow - even with filling in the ESTA form you still have to fill in the form on the plane and it still asks about convictions.

ObsidianBlackbirdMcNight · 28/03/2010 10:29

Are you sure he was charged? Usually they bail you and give you a later date to return to face charges, so they gather their evidence and what have you in the meantime.

If it makes you feel any better, my brother was stopped by police smoking a spliff in his car. They searched it and found 5 wraps of coke and weighing scales. (He swears he was only 'driving' for his dealer mate, not dealing himself by the way, but that's by the by). He was arrested and spent a night in the cells. He was told he would probably face possession with intent to supply. When he returned he was cautioned for possession, which is a much lesser offence. No fine I don't think.

He went on holiday to Texas last year, so it didn't stop him from going to America. I have no idea whether he had to apply for a visa though.

FlookCrow · 28/03/2010 15:09

Kat, your brother didn't declare his arrest or caution. That is why he could go to Texas. :D

ObsidianBlackbirdMcNight · 28/03/2010 16:25

Lol you think? Maybe he applied for a visa? Oh well, NOMB!

I hope your DP has learnt his lesson OP, you'd think my brother would, but he got caught after a S&S with a large bag of weed on him, and spent another night in the cells recently

FlookCrow · 28/03/2010 16:45

No, any posession with intent to supply of class A's... absolutely not. Hope he enjoyed his holiday!

wannaBe · 28/03/2010 17:01

fc that's not true. My cousin did two years for possession some years ago and recently spent six months in the states on business. He had to apply for a visa but he was granted one.

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