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Being charged with a drug offence can be a scary time. The laws may seem confusing to you, and if you plead guilty to drug offences this may be something that impacts your future employment prospects and ability to travel. That is why finding an experienced drug lawyer is so important.
The Jameson Law drug defence team have some of the most experienced drug offence lawyers in the country. We have fought for justice for several of our clients and have helped them avoid criminal convictions and subsequent criminal records.
Contact Jameson Law today for a consultation from an experienced drug lawyer. Your peace of mind is of utmost importance to us.
What is a drug lawyer?
In New South Wales, Australia, drug lawyers play a crucial role in providing legal support and representation to individuals who are facing legal issues related to drug-related activities. These specialised lawyers understand the specific laws and regulations surrounding drug possession charges and other serious drug offences better than anyone.
Experienced drug lawyers' responsibilities
The primary responsibility of drug lawyers is to offer guidance and advice to their clients throughout the entire legal process. Experienced drug lawyers, like those at Jameson Law, carefully analyse the evidence and details of the case to develop a strong defence strategy tailored to their client’s specific circumstances. Using their expertise, drug lawyers aim to challenge whether evidence is valid, question the credibility of witnesses, and negotiate with the prosecution to achieve the best possible outcome for their client’s drug charges.
Drug lawyers ensure that their clients’ rights are protected at all stages of the legal proceedings, including police interviews, bail applications, and court appearances. They act as advocates during trials, presenting compelling arguments and evidence to support their clients’ defence.
Drug lawyers and Criminal Convictions
Avoiding criminal conviction is always important to our clients, and as a result, always important to us. In most drug cases and instances of drug possession, drug lawyers may explore alternative sentencing options, such as drug treatment programs, to help mitigate the potential consequences of a drug-related conviction. Their ultimate goal is to secure favourable outcomes for their clients, such as dropped charges, reduced penalties, or even acquittal.
Drug Possession Offences in Australia
The offence of “Possess prohibited drug” is outlined in section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). This offence occurs when an individual meets the following criteria:
The person is found to have a prohibited drug.
The person is aware that they have a prohibited drug in their possession.
Prohibited drugs are specifically listed in Schedule 1 of the Act. The National Drug and Alcohol Research Centre (NDARC) Provides further guidance on what controlled substances (having illegal drugs) might lead to drug charges:
Marijuana (cannabis, hashish)
LSD
Ecstasy (XTC, E, MDMA)
Speed
Ice (methamphetamine)
Cocaine
Heroin
Case Study: Successfully Defending Against Drug Possession Charges in Australia
In Australia, drug possession charges can have serious consequences. However, the help of a skilled drug lawyer can make a big difference. Let’s look at an example where a drug lawyer successfully defended an individual facing drug charges in Australia.
Sarah's Stop and Search
Sarah, a young woman, faced a tough situation when she was arrested and charged with drug possession. During a routine stop and search of her car, they found a small amount of illegal drugs. Worried about the impact on her life, she sought the assistance of a respected drug lawyer from a Sydney law firm.
The Drug Lawyer's actions
The drug lawyer carefully studied the evidence and discovered potential problems with the police search. They prepared a strong defence strategy, focusing on challenging the legality of the search and the reliability of the evidence.
During the court hearings, the drug lawyer skillfully questioned the prosecution’s witnesses, pointing out inconsistencies and raising doubts about how the drugs were handled. They also argued that the drugs were for personal use and not for selling, as Sarah had a few pills and not a large commercial quantity.
Utilising Knowledge of Previous Drug Cases
Using their knowledge of drug laws, the drug lawyer convinced the court that there wasn’t enough evidence to prove Sarah’s guilt. The court recognized possible violations of Sarah’s rights during the search and questioned the reliability of the evidence.
Thanks to the drug lawyer’s hard work, Sarah was acquitted of the charges. She avoided a criminal record and had the opportunity to rebuild her life without the burden of a conviction.
What are the charges for drug cases in Australia?
The honest answer is that it depends! In Australia, drug possession penalties vary based on the substance and quantity. For example, possession of small amounts for personal use may result in fines or diversion programs. Larger quantities can lead to more severe consequences, including imprisonment.
The highest possible punishment for drug possession is a two-year prison term if you are not carrying a drug to supply or with an intent to distribute. Nonetheless, a majority of individuals found guilty of drug possession don’t typically face imprisonment. Instead, more common repercussions involve receiving a Conditional Release Order or Community Correction Order (CRO or CCO)
In Australia, according to the Judicial Commission of New South Wales, a Conditional Release Order (CRO) is a legal arrangement for individuals convicted of offences like drug possession. Instead of going to jail, they stay in the community under certain rules, such as good behaviour and attending programs. Following these conditions helps them avoid additional penalties. If they don’t follow the rules, they might face more serious consequences, including imprisonment. CROs focus on rehabilitation and holding individuals accountable for their actions.
FAQs
What is drug importation in Australia?
In Australia, drug importation involves bringing controlled substances into the country without proper authorization. This includes any attempt to bring in prohibited drugs, such as illicit narcotics, prescription medications without a valid prescription, or substances exceeding allowable quantities.
Australian law strictly regulates drug importation, imposing severe penalties for violations. If you have concerns or legal inquiries, reach out to Jameson Law today for guidance.
What are the maximum penalties for drug possession charges in Australia?
In Australia, drug possession penalties vary based on the substance and quantity. For example, possession of small amounts for personal use may result in fines or diversion programs. Larger quantities can lead to more severe consequences, including imprisonment.
Maximum penalties range from fines to life imprisonment, depending on the drug's classification and the jurisdiction. Talk to one of our expert drug lawyers today for advice specific to your case.
What happens if you get caught with drugs in NSW?
If caught with drugs in NSW, consequences vary based on factors like drug type and quantity. Small amounts for personal use may result in fines or diversion programs. Larger quantities may lead to more severe penalties, including imprisonment. Reach out to a drug lawyer at Jameson Law today to understand specific charges and potential outcomes.
