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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22678
Experience:  14 years practicing criminal defense.
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Possession of marijuana misdemeanor 1st offense

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I was just charged with a misdemeanor possession of marijuana in my own apartment I had at least 8 people in my house at the time one of my neighbors must of called for noise my intercom doesn't work so the cops went to my back screen which he slightly opened then asked if could come in of course I kinda freak out said he could come in few of the people ran into my bedroom it did smell of pot in the house but at that point the cop never told me why he was there till after he gave me the ticket because he smelt it he asked where it was and it is a small apartment so it was just sitting on the table I was cooperative and gave it to him what was less than a gram to the officer he asked who's it was I said mine though it wasn't just being affraid of getting everyone else in trouble and to be honest even the people I did know there I still really didn't exactly know who's it was the cops never asked for anyone else's identification never saw the people in the other room but saw me and 3 others is there anything I can do it is my first offense and I go to Canada every year wonder if this affects me going there also Mdison Wisconsin
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Barrister replied 8 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
From a purely legal perspective, the Immigration and Refugee Protection Act of Canada states that persons convicted of an offence outside of Canada, that would be an offence under Canadian law, cannot be admitted to Canada. Someone with a conviction that would prevent admissin can, however, apply for a special permission to enter Canada. This special permission is expressed by a Minister's permit called a "Temporary Resident Permit".

Any person living in the US who has a criminal record and wants to travel to Canada will need a Minister's Permit. This is valid up to one year. One may also apply for a Rehabilitation. This document is a permanent approval, and allows hassle free border crossing into Canada.
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This is a link to Canada's information regarding this and how to apply for a Minister's Permit or a Rehabilitation:
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http://www.canadainternational.gc.ca/australia-australie/visas/rehabilitation-readaptation.aspx?lang=eng&view=d
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.
Thanks
Barrister
Customer: replied 8 months ago.
Is there anything I can do to fight it
Expert:  Barrister replied 8 months ago.
Honestly, since you admitted that it was yours, it would be pretty hard to fight. But if you had a clean record otherwise, you might be eligible for a "diversion program". This is where you are put on probation and have to do some community service. If you complete it successfully, the charges are dismissed and you don't have a criminal conviction.
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So if you are offered that as an option, it would be a good idea to take it.
.
.
Thanks
Barrister
Customer: replied 8 months ago.
I do have a clean record do you think they will offer it
Expert:  Barrister replied 8 months ago.
Typically for a minor offense like this, yes. If they don't bring it up, and the DA or judge should, make sure you ask about it because it is a one time shot to keep a clean record.
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.
Thanks
Barrister
Customer: replied 8 months ago.
Sorry one last question should i still do things you said to get into Canada if this option is offered
Expert:  Barrister replied 8 months ago.
No, if you get diversion, you never actually get a conviction on your record so you can forget about all the Minister's permit and Rebab stuff.
.
.
Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 22678
Experience: 14 years practicing criminal defense.
Barrister and 7 other Criminal Law Specialists are ready to help you

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