What Should You Know If Charged for Drug Possession

A drug crime is a criminal act involving the use of an illegal substance, and drug possession is a common type of drug offence. Did you know that Sydney has a moderate crime rate of 44, involving drug possessions?

Being charged with a prohibited drug offence and not knowing the legalities can make the whole process intimidating.

It is always advisable to hire a criminal lawyer who can successfully defend and get you the least possible or no penalties. The experienced criminal lawyers will be well-aware of what the prosecution should prove to convict you in a drug offence case. However, it is prudent to do some homework so that you can cooperate with your lawyer and ensure you are acquitted with the least possible penalty.

Understand the Law

Every state dictates a set of laws for drug possession charges.

For instance, in NSW, drug possessions come under Section 10(1) of the Drug Misuse and Trafficking Act. Depending on your charges’ seriousness, you could be behind bars for up to 2 years and pay 20 penalty units. In the worst case, you can get life imprisonment.

The good news is that if you successfully achieve a  Section 10 Dismissal or a Non-Conviction Conditional Release Order, you can avoid a criminal record and fine!

Be Aware of the Penalties

The punishment severity varies with the seriousness of the offence. Typically, the most common penalties for drug possession are a fine amount or good behaviour bond.

Your criminal lawyer will consider the mental element of possession and present your side of facts and convince the judge to get you a reduced punishment.

Know Your Defences

If you think you can justify your actions, do not miss the opportunity, which can reduce your penalty. For instance, arguing that you were not aware of the drugs planted on you gives you an excellent chance to plead not guilty. 

Criminal lawyers have excellent expertise in gathering details that you can later use for arguments in your defence.

When Can You Plead Not-Guilty?

You need not own the drugs to have a criminal case against you. Even if you get caught holding prohibited drugs for your friends, it is sufficient to penalise you.

However, you can plead not guilty and fight your charges.

For instance, police accused you of the charges, even though the drugs were in a shared area of your house, like your lounge room. Else, there was insufficient evidence to prove that the drugs were in your possession.

A criminal lawyer will help you find such facts useful in pleading not-guilty and convincing the judge to dismiss all charges against you.

What Happens When You Are Guilty?

If you accept the drug possession charges against you, you can enter a plea.

An early guilty plea is quite beneficial, as it will show to the court that you are sorry for your actions. In some cases, it could get you a lenient sentence.

Before you plead guilty, please discuss with your criminal lawyer, since they are up-to-date with the changing state laws. They will explain to you the various penalties the court can issue.

You could get sentences like community correction order, intensive correction order, or imprisonment, in the worst case.

Importance of Hiring an Experienced Criminal Lawyer

A skilled criminal lawyer will have a specialisation in dealing with drug possession cases, with a proven track record of excellent results.

These outstanding lawyers will appear across all state courts, providing the highest quality representation with their substantial criminal defence experience.

Assess your drug possession charges, and hire a competent criminal lawyer specialised in such cases, to represent and defend you in the court of law legally. A successful attorney will ensure that the court awards you a non-conviction, thus relieving you from all the charges.