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unco_elf

IN trouble with the law

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My mate did a runner on the police last night after being at a house party which unbeknown to him was a holiday house that was broken into. He was chased for hours then they got him. He didnt get BNE because they never actually saw him inside the house, although he was done for trespassing and upon searching his car they found scales, pipes and saddys. An idiot for having all these things in his car.

But what i/he was wanting to know will it be a fine/slap on the wrist, he has no previous criminal conviction only driving related. Is this type of thing calling for section 10 or is it nothing to be worried about?

cheers for any help and info

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get a lawyer. if there are no drugs on him and nothing else indicating he was dealing then the seized items mean nothing. I have thousands of scales, pipes and baggies [which is what I presume you mean by 'saddies'] in my possession cos I sell them, so they are not illegal as such. It is only in combination with drugs [whether actual or reasonably assumed] that these things become problematic. Most of all make sure he doesn't say anything without a good lawyer present. If he as much as admits to smoking pot it could change the situation on those items. He should also expect to get raided again sometime soon as the items give 'probable cause' and it would be much better for the cops to actually catch him with drugs.

A lawyer in this case could be the difference between some pissed off cops getting nothing or your friend getting a drug conviction. The trespass itself is probably just a slap on the wrist.

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Best of luck to your mate. It sucks that he was in the wrong place at the wrong time. Damage is already done, but he should stop hanging out with the kinds of people who break into houses?

Get a lawyer get a lawyer get a lawyer. And keep a clean house for as long as possible, 6 months is a good start.

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Cheers and Thanks for the help. Yeah what a dero my mate is.

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I wonder how often cops would find paraphernalia (as in this case) and then set someone up with planted contraband. It happens in the movies and in urban legends all the time, but in real life, in Australia, in a relatively small case like the one mentioned above?

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Swim had a friend in Darwin in the 80s, who the DS knew was dealing, but they could never catch him with anything, so, during a raid with a search warrant, on of them "found" a small amount of drugs in another room, out of his eyesight. He swears he knew nothing about it, and that they must have planted it. He was convicted and served a short term in prison. Some time later, one of the 2 DS was beaten up. I smiled. Wrong of me, I know.

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