If you are going to court for a drug offence, an experienced drug lawyer can assist by:
Evaluating the prosecution case
This assessment will involve identifying deficiencies, inconsistencies and other potential weaknesses in the allegations, as well as procedural issues which may be capitalised on such as where a search is considered illegal under the requirements of the law.
Explaining the law and how it applies to your situation
This will involve communicating the strengths and weaknesses of the prosecution case to you, as well as the available legal defences.
Obtaining your account of the events
This will involve obtaining your account of what actually occurred surrounding the relevant period, as opposed to what the prosecution claims happened.
This will serve to identify factors which can make it more difficult for the prosecution to prove each of the essential elements (ingredients) of the offence that is brought.
It will also identify any legal defences that may apply in your case.
These can include general legal defences such as duress, necessity and automatism, as well as defences that apply specifically to drug cases such as insufficient proof of exclusive possession (the Filipetti defence) and temporarily holding drugs for the owner (the Carey defence).
Explaining your options and advising you on the best way forward
This will include advice on whether it is most advantageous to plead not guilty or guilty, and in either case the optimal way to proceed with your matter.
Formulating and implementing an effective defence strategy
If you decide to plead not guilty, this will often involve pushing for the charges to be dropped by sending ‘representations’ to the prosecution and following this formal document up with intense negotiations for withdrawal.
If the case nevertheless proceeds to a defended hearing or jury trial, an experienced drug defence lawyer will fight to have the charges dismissed in court.
In you decide to plead guilty, your lawyer will guide you on the preparation of relevant materials such as your apology letter to the court and character references, as well as advise you on available programs you may wish to undertake such as the Smart Recovery program and MERIT program.
Your lawyer will thoroughly prepare and persuasively present your case in court in order to achieve the most lenient outcome possible, including helping you to avoid a criminal record through a ‘non conviction order’ where appropriate.
Call Us Now
So whether you are charged with drug possession or commercial drug importation, large commercial drug supply, cultivation, manufacture or production, call us 24/7 on (02) 9261 8881 to get the best drug defence team behind you.