Have you been recently charged with drug possession?
If so, seeking legal representation from an experienced drug defence lawyer may assist you to get the best result.
Expert legal representation can help you understand the charges, and the penalties you face, and give you the best possible outcome.
A drug conviction means a criminal record and potentially a fine, good behaviour bond or sometimes worse, and a good lawyer can help you avoid or reduce heavy penalties.
What does drug possession mean?
Drug possession means having one or more illegal drugs in your custody or control, and being aware of the fact.
This does not mean the drugs have to be physically on your person.
They can be in your house or vehicle, but if they are owned by you and are for your use, they are considered in your possession.
This can also apply in cases where the control is temporary, such as taking a turn of a joint.
Here is some more information about drug possession and what it means.
To successfully convict you of drug possession, police must be able to prove that you had knowledge of the drug being under your control.
If someone has concealed illegal drugs in your bag or vehicle without you knowing, and you can prove this, you should not end up facing a drug possession charge.
What are the penalties for drug possession?
The penalty that you receive in your drug possession case can depend on a range of factors including the type and quantity of drug, the specifics of the case itself, your personal factors, whether or not you plead guilty and whether you have any previous conviction.
The maximum penalty in most situations is two years imprisonment.
If you are found guilty of possession of drugs you could be facing one or more of the below:
- Fine up to $2,200
- Prison sentence
- Community service order
- Good behaviour bond
- Home detention
- Suspended sentence
Hiring an experienced drug defence lawyer can help you ensure you get the lowest possible penalty for the offence, and in many cases avoid a criminal record altogether.
Are there any ways to avoid penalties for drug possession?
There are certain circumstances that might allow you to successfully argue your defence against a drug possession charge, and have the case dropped or thrown out of court.
If police are unable to prove that you had knowledge of the drugs, your case could be dismissed.
Also, if the police search was not conducted appropriately, this can lead to their evidence not being admissible.
Your lawyer can advise you on any additional defence that might apply in your particular situation.
A section 10 dismissal or conditional release order is where you are guilty but the magistrate does not record a criminal conviction against you.
This means that you will not have the offence recorded, and you will not be penalised.
A good drug defence lawyer will have a strong track record of getting non conviction orders for their clients.
If you have recently been charged with possession of drugs, make sure you find a lawyer with proven experience in drug defence cases.
As well as the penalties, having a conviction on your criminal record could impact your ability to find employment.
Give yourself the best chance of a positive outcome by seeking expert legal advice – contact Sydney Criminal Lawyers® today.