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TAKE HEED

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Paul Newbie

Paul

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Well, I know the max you can get for intent to supply, which is what youd more liekly get done for, is 14 years.But in reality, you wont go jail. Or you will but with a few shower scenes and good behaviour, youll be out in time for Euro 2008

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TopCatt Newbie

TopCatt

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Legal FAQ: Or how to avoid being busted, and what to do when it comes on top!One of the biggest questions that people have when they are growing pot is 'what happens if I get caught'. The paranoia that seeps from this thought is enough to have you lying awake at night, running for the main fuse box every time a helicopter is heard overhead.The question should really be 'How can I avoid getting caught'.The vast majority of Cannabis busts in this country are caused by one of three things:-1) Someone grassed the grower up to the police. This is the biggest reason that people get busted. There is something about having a fantastic crop on the go that screams at you to go and tell your mates. To an extent, this is quite understandable. We are proud of our babies after all, and there are few sights that will bring a smile to our faces as readily as rows of big fat resinous buds on stalks. Its only natural that we want to share the joy.This extends to when the crop is cut down. You can spot a grower a mile off, because they will pester people about what they think of the spliff that is being passed around, because 'a mate' grew it.Most of us, at one point or another have done these things, and most of us have gotten away with it. After all, we are nice people. Who would ever grass us up to the police?The simple fact is that, if no-one knows that you are growing, then no-one can grass you up! It does not matter that you only told your best mate about it. What happens next time you are down the pub, full of beer, and your mate then starts talking to you about your grow? What happens when your mate gets drunk with other people, and spills the beans, not thinking that they are doing any harm.It is not the person that you tell, that is the problem. Its who they tell, or who overhears them. Lets face it, Life in this country is not really that exciting, and people love to gossip. The gossip only needs to reach the ears of an undercover copper, or someone with a grudge, and you are in for a visit. Tell no-one what you are doing. Period!That's one of the good things about sites like UK420 ââ¬â we can tell people about what we are doing because there is almost no chance of it being traced back to us. It's a very good way of getting it out of your system. It is worth pointing out, that this is not the only way that people get grassed up. The other side to this one is when people who have nothing to do with you, accidentally find out about your growroom, and feel morally obliged to inform the police.A great example of this is the grower who takes photo's of their setup and then wanders down to somewhere like Boots to get the film developed. Boots especially are notorious bastards for this, but it could happen with any photo developer. They will not just make a phone call to plod if you are dumb enough to take normal photo's of your grow - they will do it if you have photos of your mates smoking a bong, or even in some cases, if you have drug like implements in any picture you take. Buy a digital camera and use your 35mm for your holiday snaps (as long as you are not in Amsterdam), or you may find someone waiting for you when you arrive. If you turn up to get a film, and there is a rather long wait for your pictures, and there is even a chance of there being something dodgy on the film - get the hell out of there, because chances are, the manager is phoning the police to tell them that you are in the store.Also, be aware that some people may use knowledge of your growroom as a 'get out of jail free card' - quite literally. There is nothing the police like better than someone getting busted for something, and grassing someone up for a more serious offence in order to get let off with a caution or a reduced charge for themselves.It cannot be said enough times, so I am going to say it again. TELL NO-ONE!!!! Not your brother, not your best mate, not another grower you meet down the pub - NO-ONE AT ALL!Your growroom needs to be secure, and it needs to be kept utterly secret. This means making sure that its light proof; that smells are either dealt with by ionisers, carbon filters or ozone generators, or that the air is extracted somewhere that is not going to be easily detected (don't vent out over your front door, for example).That the noise from things like ballasts and fans are kept to a minimum. Putting some kind of cushion between the ballast/fan and the floor/wall is the best way of doing this. Thick foam rubber, with a wooden board across the top generally does a good job. Suspending radial inline extractors on bungee cords is also recommended. Even though it sounds quiet in the growroom, the noise from fans and ballasts tends to carry through floors and walls. It can quite easily be much louder downstairs than in the actual growroom. If you really can't do anything about the noise, then make sure that at least the growroom does not have any adjoining walls to a neighbour, and that the lights and fans are on during the day, when its less likely to draw attention.2) Stop and SearchThe UK Police are extremely under manned, and are literally swamped by red tape and paperwork (6 hours of paperwork to process a shoplifter on average). This means that they are not spending their time attempting to sniff out growers, for the most part. The stories about police helicopters flying overhead and using their IR cameras to look for growrooms are, quite frankly, a load of old shite.It costs around ã2000 per hour to keep one of those copters in the air, and the cameras can only read the temperature of your roof tiles. I have never heard of anyone being busted because a helicopter noticed the temperature of their roof. The same thing goes for the police monitoring the bills for your electricity. Night storage heating uses about 1kw per heater, so if you are worried about that, get your electricity switched over to a plan where the leccy is cheaper at night. Unless you are running in excess of 5 or 6 kw , its not going to be noticed (unless you do not pay the bill).However, the police do occasionally get lucky. If someone is found with ANY amount of an illegal substance in their possession then the police have the automatic right to arrest that person, and to go and search their homes without a warrant. 9 times out of 10, they will exercise that right, and that means big trouble for the home grower. There is one very simple way of dealing with this. Do not go outside carrying more than you can eat in one go, and have it in a place that you can very quickly and easily get to. The copper may see you put something in your mouth, and may even suspect that you just ate your drugs, but they can do nothing at all about it. Be sensible about things. If you are growing, don't drive around in your car smoking a spliff, because if you get pulled over, then you are not going to be able to hide the smell. Don't carry your weed in your jeans, because if you are sitting down in a car, then you are not going to be able to get at it.3) Arrested for another offence.It's a sad fact that at some point or another, a fair amount of people come into contact with the police. If you are growing cannabis, then you need to try and be a model citizen and not draw attention to yourself, because if you get done for another reason, such as punching someone down the pub, and the police are called, then its stop and search time all over again. The police are not your friends. As a grower you ARE a criminal, even if you do not feel like one. Avoid coming into contact with them where its at all possible.Part 2: Oh sh*t! DISCLAIMER:I am not a legal professional and this information is based on my own personal experience, and that of other cannabis growers who have been arrested. This is intended as a guide only, and you should seek legal consultation immediately should you be arrested for any drugs related offence. Please let me know if any of this information is incorrect and I will investigate and update this document accordingly. Or, in other words ââ¬â if what I say here does not work for you, then do not blame me! Despite all the precautions you can take to keep your clandestine operation secret and safe, its unavoidable that, at some point, for some of you, something is going to go completely tits up, and you will find yourself sitting in a cell while plod are patting each other on the back outside the door, and are tucking into your hard grown weed (almost every grower I ever heard of that got busted found that an oz or so goes missing from the expected amounts ââ¬â but of course, no-one is going to say to the judge ââ¬â 'sorry your honour, but I had more than that'.OK, at this point, the problem goes from how do I avoid being busted, to how do I keep out of prison. The trick here is to demonstrate that you are not a dealer, and that you are not growing for profit. I will get back to that in a minute. Lets give you a rough idea of what to expect when they bust you first.When you are arrested ââ¬â lets say you were caught in possession of a gram or so, the police will take your keys, along with pretty much everything else in your pockets when they checked you into the cells. They will then go back, with a couple of other coppers and search your house. Once they come across your growroom, the coppers are going to dance a little jig, and then radio back to the station and tell their boss what they have found.They will go through everything in your house. Your PC will be taken away, along with any digital cameras they find. They will take your mobile phone, to try and cross reference the numbers with those of other known offenders (they may actually even send text messages to people from your phone to try and set them up or gather evidence as well) They will go through every piece of paperwork in your house, including receipts for goods and warranty documents, all your photographs, all your books, videos etc. Anything that can be used to prove that you have had influxes of cash in the past (lots of electrical equipment bought at around the same time, for example). They will write to your bank and credit card companies and get all records for the last 4 years sent to them, to look for evidence of dealing. This means that you should not keep photos of your current and previous grows, even on your PC. You should get rid of old paperwork and warranties once they are no longer useful. You should delete all old emails that have anything to do with growing ââ¬â especially if you have details of anyone elses growing operation. The same goes for PM messages on UK420 forums. If the police get your PC, and you have cookies set, then they can access all your PM messages. If it comes on top - protect your fellow growers and get a message to the mods of this and any other grow related forum, to get a stop put on your account, and get your username deleted, along with any messages you have posted. Do this as soon as is possible - in a place like UK420, its not just your arse on the line - it could have serious consequences for the rest of us as well.If you live with someone, they will, at the very least, be taken in for questioning. If you do not live with your girlfriend or boyfriend, and they are present when you are busted, their homes may also be searched. If you live with your parents, and you are caught growing, they could be prosecuted for allowing it to happen in their property. Don't be an arse, and don't take anyone else down with you. If you get caught - say it was just for you, and the other people had nothing to do with it, and if they knew, disapproved but could do nothing about it. No sense anyone getting a criminal record if it can be avoided. Suck it up, take it on the chin, and don't land anyone else in the sh*t, even if they are as involved as you are.If you do sell the occasional bit, then for gods sake do not let any of it get near your bank, or use it to clear your credit cards. Pay your council tax for the year or something, and use the money you save from that to throw more at your credit card bill if you really must. Be polite, be as nice to the police as you can under the circumstances (no sense in winding them up and it can go in your favour in court), but do not talk to them until you have spoken to your solicitor and he is present.The Police will quite often even appear friendly, and chatty, and engage you in small talk while you are in the cells. Be very careful indeed if one of them does this. You are going to be scared shitless, in shock and the police officer will seem to be talking about irrelevant things. Hell, after sitting in a cell and seeing no-one for 6 or 7 hours , this can seem like a godsend. These little chats are almost always leading to something, and you need to be on your guard, because literally everything you say will be taken down and used in evidence if it incriminates you, or seems to incriminate you further.Use the time in the cells to work things out, and to get your story straight (you should have the main points worked out already anyway, but you can work on the fine details of your story while you are cooling your heels in the cell ââ¬â you may be there for up to 36 hours after all). If you have a solicitor, then make sure that plod calls them for you.If they give you a phone call (If they find a large grow, they do not have to let you have one, but they will have to inform you that you are under suspicion of a serious arrest able offence and explain why you cannot speak to anyone ), then be aware that the call WILL be being monitored. Ditto for the call to the solicitor. They will be listening to every single word that is said. If you do not have a solicitor, then go for the duty solicitor, because you can always change later, and some representation at interview is better than none.As a rule though, duty solicitors are not going to be a great deal of help to you, and you should get rid of them for a solicitor who specialises in drugs cases as soon as possible.DO NOT! Under any circumstances waive your right to legal representation. If you are in this situation, without legal help and advice, you are almost certainly going to prison. As I said before, what you need to do at this point is to convince the police, and eventually, the Crown Prosecution Service, that you are not a dealer. There is no point whatsoever in denying that the growroom is yours, if they get into your house and find it ('What growroom? Where did that come from?'). The best you can hope for is being done for cultivation and possession.At your interview, the police are rarely as confrontational as TV would lead you to believe. They will appear to be understanding, friendly and almost chatty. BE VERY CAREFUL! These people are not your friends, even if they appear to be a friendly face. They are trying to get you to land yourself in the sh*t, and are very very good at their job. Even the most innocuous comments made by the police at interview are leading somewhere. Nothing is said accidentally. Remember, this is what these people do for a living. Be on your guard, and don't let them lead you into a corner, because it will almost certainly come and bite you hard in the arse when it ends up in court.There are certain things that lead the CPS to believe that you are a dealer:-If you have your plants on a cycle ââ¬â so you have 1 lot in flowering, then 4 weeks later, for example, you put another lot in, then 4 weeks later chop the first lot and put another load in etc., then the CPS are going to say that it's a commercial operation, and charge you with intent to supply (and possibly upgrade the cultivation charge to production).If you have a lot of mother plants and cuttings in your house, so that its obvious that this crop is not a one off, then again, the CPS will say that it's a commercial setup.If you have large amounts of cash on you, or at home, or if you have cash deposits in your bank account that you cannot explain, then the CPS will say that you are a dealer.If you have baggies and scales in your house, then the CPS will say that you are a dealer.If you have a hydroponic setup, or what they could term and 'advanced' setup (which could mean just using a single 600w growlamp), then they will try and use this to prove you are a dealer.It should be pointed out, however, that NONE of these things necessarily mean that you are going to even be tried as a dealer, but these are the sort of things the police and CPS will use to determine what to charge you with.As long as you can explain these things away, then you are in with a chance.Scales? You use them to ration yourself, because otherwise you will end up smoking it too fast.Large (1oz or more) baggies ââ¬â Those are for my sandwiches for work.Money? You just sold an old PC / Car / TV or whatever to someone.When I got done, the police did not get the room as it had already been taken down and the equipment stashed in a mates garage, so I told them the cash I had on me was from the sale of my grow kit. Be prepared to back this up with signed statements or receipts though. They will want proof, and will not just take your word for it.Cuttings? Well, you only intended to grow enough for a couple of months, and so had to get the next lot ready. I had no idea how much I was going to get from the first lot, and thought I would only get a couple of ounces based on what I was told by an anonymous grower that I know (hard to pull off if you have kilos, but not impossible)Advanced set up or equipment? You can simply say that you were told how to go about it by someone else who grows (the police are not stupid enough to ask for a name ââ¬â and if they do, refuse to give one). Alternatively, you could point out that you wanted to make a good job of your one and only crop, so as not to waste your money, so you read as much as you could about the subject, and did as good a job as possible.Large Amount? It was your first time, and you had no idea of what to expect. I was only growing enough to last me x months, and the damn things would not stop growing.UNDER NO CIRCUMSTANCES ADMIT THAT YOU WERE GOING TO GET RID OF THE SURPLUS, EVEN GIVING IT AWAY IS SUPPLY!That is not to say that you should be unrealistic about this. The police are very aware of the social aspect of cannabis smoking - tell them that if your friends are round and you are smoking a spliff, you will let them have a toke on it, but you refuse to let them have any of it for themselves. Giving someone a toke on a spliff is not grounds for them to do you as a dealer and they know it. Giving your mate a gram to smoke later on is.A recent development is the supposed offence of social supply. This is quite often dangled infront of a defendant by the CPS, usually close to trial, although the police may try it on as well in your interview.DO NOT ADMIT TO SOCIAL SUPPLY!Social supply is still dealing, and its not the CPS that decides what your sentence will be, its the judge (or magistrate). In most cases, unless you get caught with shitloads, all weighed out, or worse, are caught red handed dealing the stuff, do not fall for the social supply ruse. THERE IS NO SEPARATE SOCIAL SUPPLY OFFENCE! If you admit to social supply, you are admitting to dealing, and will be dealt with accordingly. Lots of people fall for this one, but unless you are caught selling the stuff, stick to your story like glue. Its all for you, no-one else.Production line ââ¬â This is a tricky one, because it is so blatantly a production line. You could try pleading ignorance and say that you were told the setup would grow a months worth, but personally, I would not dare do a setup like this, because its just asking for trouble.Once you have your story, and have thought around any holes in what you have said, then you need to stick to it. Ifyou significantly change your story, then its going to be obvious that you are lying. The best stories are 90% truth and 10% fiction. Just bear in mind that if you admit to supply of any kind, then you will almost certainly be looking at prison time. Look at what you can get away with, and what you cannot and keep things within the realms of reality.Legal Representation: You will need to find a good solicitor if you want to stay out of prison.RELEASE http://www.release.org.uk 020 7729 9904 is as good a place as any to start, however, if you know of any other people who have been in trouble for similar things and have gotten off, then find out who their solicitor is and approach them. Solicitors who claim to be experts with drug cases are all very well, but there is nothing to beat a personal recommendation from someone who has had excellent legal representation in the past for a similar crime.INDEPENDANT DRUGS MONITORING UNIT http://www.idmu.co.uk/sols/regionpage.htm have an excellent webpage that covers solicitors in your area that deal specifically with drugs offences, and the IDMU can also provide expert witnesses, which will be invaluable when your case goes to court. A good expert witness testimony can put the shits up the CPS like nothing else, and often they will drop an intent to supply charge if it looks like they will not make it stick.CANNABIS LEGAL SUPPORT SERVICE Call Steve Barker 01508 480528 ore-mail [email protected] . The CLCIA is the only cannabis specific legal help line, offering legal information and support for defendants and solicitors. They specialise in cases of medical necessity, and can offer support to solicitors and defendants. I have heard very good things about these people.Legal Aid: It is a common misconception that you can only get legal aid if you are unemployed. This is not the case, although your local magistrates court may try and say otherwise. If you are working, then things are certainly going to be more difficult. However, it is against European human rights laws for someone who genuinely cannot afford the thousands of pounds that representation will cost (and they will means test you to prove this), to go without representation in a criminal case. Make sure your solicitor fights this for you, because without representation, you are going to be in serious trouble. The magistrates court may turn your application down on a number of occasions, but you should make sure that you appeal each time you are turned down. If your solicitor is any good, eventually you should be able to get legal aid granted.One of the most important things that your solicitor will do for you is to find you an expert witness. A good expert witness can mean the difference between prison and freedom, and the difference between a possession charge, and an intent to supply charge.Your first few court appearances after you have been charged will be pretty routine and mean almost nothing (however, you STILL need to turn up or you will have a warrant for your arrest issued).Your solicitor may not even turn up, and may arrange for the duty solicitor to represent you at these hearings. Do not worry if this happens. Its fairly normal. As long as your solicitor is on the case, they should turn up for the important ones (if not, then you chose the wrong solicitor ââ¬â oops!).Depending on the size of your grow, you may be sentenced by the magistrates (who have a maximum power of sentence of 18 months), or they may refer the case up to the crown court, if the CPS feels that the magistrates would not be able to inflict a suitable sentence for your offence.If this happens ââ¬â don't panic! In many cases this is actually better for you. A judge at a crown court can impose much harsher sentences, but in a lot of cases, is less likely to be as harsh as a magistrate (unless you plead not guilty and are then found guilty ââ¬â but that's the chance you take).Remember that judges are legal professionals, and magistrates are not (part timers at best). If you are committed to appear at crown court in an urban area, this is even better, because not only will the judge have seen much more severe crimes than you have committed, but the jury are much more likely to be sympathetic than if you are tried in a rural area. Magistrates will almost always impose their maximum sentence for drug related offences. Your solicitor will advise you about this, but in many cases, you actually WANT to get referred to crown court.At some point, usually about 6 weeks before you go to trial (or go for sentencing if the CPS lost their nerve and dropped the intent to supply charge and you pleaded guilty to possession), you will have to visit the probation service for something called a pre-sentence report. This is another one of those things that, if done properly, can keep you out of prison. You should be familiar as possible with the evidence against you, and you should know your story so well that you now pretty much believe that its the complete truth. You need to be humble, respectful and repentant when you go for this report.They will ask you questions like: 'Why was what you did a bad thing'. Your natural reaction to this will probably be something like 'It was all for me and I do not see what that's got to do with anyone else'. WRONG ANSWER!What they want to hear are answers along the lines of "I realise what I did was wrong, I only intended to save myself some money, but I realise that I harmed the community by bringing illegal drugs into it".It sticks in your throat, but you need to be sincere to these people and 'TELL THEM WHAT THEY WANT TO HEAR'!Its no good telling them stuff and them not believing you. They are basically on your side, but you need to get them behind you all the way. Tell them about how you were hanging around with a bad crowd, but have moved away to be free of their influence (moving to another town 5 miles or so away is a good move). Tell them about how you are now working in a good job (make damn sure you get a job and keep it once your legal aid is sorted out), about how your partner has been incredibly supportive and how you are now a decent, hard working member of society that would never consider doing anything like that again.It might be complete bollocks, but you need to demonstrate that you are helping yourself, and are escaping from the lifestyle that you were a part of. If you seem unrepentant and are likely to re offend, then you are asking for it.Your one real chance of avoiding prison is to convince the probation service, the judge and the jury that you know what you did was wrong, and will never do it again, and that you were not doing it for any form of commercial gain. You have up to a year (sometimes more, but not often) from your arrest to sentencing (and what a long year that is). In that time, you really need to work on giving the impression that you are a useful, productive member of society (regardless of the truth).There are a few sentencing options available to judges. Your pre sentence report will give the judge guidelines as to what the probation service feels is a suitable punishment for your crimes.Fines: These can range from around ã100 to several thousand. You will not have to pay these all at once, but you will have to fill out a statement of means form, so that the court can decide what you can afford to pay (note - they do not take things like personal loans and credit card payments into account on these things - make sure you get it in somewhere). Fines are rarely given out by themselves, they are usually given in combination with one of the other punishments. You will also have to pay costs if you are found guilty, which can range from as little as ã50, to several hundred pounds.Probation: This usually involves attending a meeting once or twice a week with a probation officer, so they can attempt to rehabilitate you, and gauge how likely you are to re offend.Community Service: The courts love CS. If you are not sent down for your offence, you can almost guarantee that, in the near future, you shall be spending at least one day a week, in a van full of car thieves, junkies and petty criminals doing menial jobs that they cannot get anyone else to do. How much of a chore this turns out to be depends largely on what your CS supervisor is like (most are sound, but you get the odd power crazed mini hitler with an attitude), and what the rest of the crew you work with are like. It can actually be quite a laugh, but it can also be the most soul destroying waste of a weekend you are likely to encounter. You have to, by law attend once a week at the minimum, and if you do not turn up for it, then you can find yourself back in court rather quickly.There are ways around this however. If you miss a week, you need to provide evidence to prove that you were not just slacking off. This can be something as simple as a timesheet to prove you had to work, or a letter from your employer. The probation service are NOT ALLOWED to contact your employer directly, as they may not know about your offence. Getting some letterheaded notepaper from work, and the use of a home PC and printer can provide you with your evidence for those days where you really cannot face it. Just do not take the piss, because if they catch you forging your evidence, then its back to court with you.The other thing you need to remember with CS is to GET YOUR HOURS SIGNED OFF EVERY WEEK! I know so many people who have had to do up to a month extra because the supervisor 'forgot' to record their hours accurately. Make sure you get them to sign off all the hours that you do.Community Service orders range from 10 hours to 240. 240 hours is the maximum they can give you. If you are doing one day a week, this can take up to a year to finish.Combination Orders: This combines Community Service with Probation. This is a great one to get, because they can only give you a maximum of 100 hours community service with a combination order. All the rules for the other two apply.Electronic Tagging: This is as close as you can get to prison,without actually going to prison, but its still a vast improvement. This allows you to go to your work, and lead a normal daytime life, but you need to be back inside your house by 7pm, and cannot leave it until 7am the following morning. If you are not at home during those times, a box that is fitted by an external security company will send an electronic message to their control room, and they will turn up to see why you are not there. They may also turn up unannounced to make sure you have not managed to somehow get the tag off your leg without setting it off (so careful with those spliffs). Its a restriction on your libery, but house arrest is a damn site better than being locked up in an actual prison.Prison: This is what you really need to avoid happening if you can at all help it. Its not the end of the world if it does happen, but it may feel like it. Hopefully, as long as you are not caught repeatedly for drugs offences, are not found guilty for supply ect, you will avoid it. Best of luck.
So basically, if you can persuade the feds/court that its for personall use only, should be all gravy. Got some good tips there read through it biggrin.gif
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DINKY Newbie

DINKY

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all my plants got killed by this fertilizer i used but when I first started growing i went on the weedfarmer forum and asked people from the uk what happens if u get caught one guy said nothing usually they just take the plants and u might do a small strech best thing to do though if u r growing and shotting dont be bait dont grow skunk unless u buy carbon filters and them things coz ur yard will stink out i was only growing mersh

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