Facing a drug charge can be an overwhelming and daunting experience. But with the right assistance, you can overcome these charges and move forward. Here at State Law Group, we specialise in criminal law, helping countless clients defend and beat their drug cases to achieve favourable outcomes.
If you've recently been charged with a drug offence, and want to fight the charge or simply seek legal advice, you’re in the right place. From minor drug possession charges to serious drug importation allegations, this information aims to equip you with the knowledge needed to make informed decisions about your legal representation.
What does a drug offence lawyer do?
A criminal lawyer specialised in drug cases provides legal representation for individuals facing drug-related charges, utilising their deep understanding of the law to safeguard clients' rights. For example, they may strategically challenge the legality of a police search that led to the discovery of illicit substances, potentially turning the tide of the case in the client's favour.
Common drug charges and penalties
In New South Wales, drug-related offences are taken very seriously and the penalties can be quite severe. Depending on the quantity, a person might be charged with: Possession at small quantities or supply at large commercial quantities. The Drugs Poisons and Controlled Substances Act also contains offences relating to: The possession of items that are used in the cultivation or manufacture of illegal drugs. Here are some of the most common drug offences and their associated penalties:
1.Prohibited drug possession
This is one of the most common drug offences. A person can be found guilty of possession if they have a prohibited drug in their control or custody. For instance, a person may be charged with this offence if they are found with marijuana in their bag during a random police search. The maximum penalty for drug possession is 2 years' imprisonment and/or a $2,200 fine.
The Supreme Court has held that in order to prove that you were in possession of a drug found, the prosecution must prove beyond reasonable doubt that you had knowledge of it (mental element), that you had control or custody of it (physical element), and that you had the intention to possess or control it.
2.Drug use
This offence involves consuming or using an illicit substance. An example could be someone caught smoking cannabis at a music festival. This offence attracts similar penalties to possession.
3.Drug supply
Drug supply involves selling, distributing, or even just offering to provide a prohibited drug to another person or even friends. For example, a person selling ecstasy tablets at a nightclub could be charged with drug supply. Penalties vary depending on the quantity of drugs involved. For small quantities, the maximum penalty is 2 years' imprisonment and/or an $11,000 fine. For a large commercial quantity, penalties can go up to 15 years' imprisonment and/or a $220,000 fine in the District Court.
4.Drug importation
The importation of border controlled drugs into Australia is extremely serious and carries life imprisonment. Drug importation charges are broken down into categories depending on the quantity involved: less than a marketable quantity, marketable quantity, and commercial quantity.
5.Drug manufacture or cultivation
This offence involves producing a prohibited drug or cultivating a prohibited plant. An example could be someone cultivating cannabis plants in their backyard. The maximum penalty for indictable quantities of a prohibited drug or plant is $220,000 and/or imprisonment for 15 years.
6.Continuing criminal enterprise involving drugs
This offence applies to ongoing criminal activities involving the supply of a commercial quantity of prohibited drugs. For example, a person who operates a large-scale drug trafficking operation could be charged with this offence. The penalties for this offence are particularly harsh, reflecting its serious nature.
Remember, these are maximum penalties and actual sentences will depend on various factors, including the specific circumstances of the offence and the offender's criminal record. Always consult with a legal professional if you need advice about a drug-related offence.
Common defences used by drug lawyers
At State Law Group, our expert drug offence lawyers employ a range of legal strategies give clients the best defence when facing drug-related charges. Here are some of the most common tactics utilised:
1.Challenging the legality of the search and seizure
The law is clear about when and how a search can be conducted. If your lawyer can prove that law enforcement violated your rights during the search that led to the discovery of drugs, the evidence may be deemed inadmissible in court.
2.Questioning the actual possession
In drug cases, it's not enough for the prosecution to show that you were near the drugs. They must prove that you had control over the place where the drugs were found. If this ownership can be disputed, it may weaken the prosecution's case.
3.Disputing the nature of the substance
Just because a substance looks like an illegal drug doesn't mean it is one. Your lawyer could request a retest of the substance to ensure its validity.
4.Raising doubts about the chain of custody
The chain of custody refers to the path the evidence takes from the crime scene to the courtroom. If there's any break in this chain, the integrity of the evidence could be called into question.
5.Arguing for a lack of knowledge or intent
In certain cases, if it can be shown that you were unaware of the presence of the drugs or did not intend to use or distribute them, it may serve as a possible defence.
6.Asserting the 'duress' defence
If you were coerced or threatened into committing a drug offence, your lawyer might be able to argue that you acted under duress, which could potentially reduce your culpability.
7.Utilising the 'honest and reasonable mistake' defence
If you genuinely believed that what you were doing was legal, and your belief was reasonable under the circumstances, this defence could be employed.
Each of these defences has the potential to significantly impact the outcome of a defendant's case, and the experienced lawyers at State Law Group are adept at understanding which strategy will work best in each unique situation.
The benefits of hiring experienced drug lawyers for legal representation
At State Law Group, we firmly believe that having an experienced drug defence lawyer by your side can significantly impact the outcome of your case. Here are a few reasons why:
1.Expert knowledge of the law
Drug laws in Australia are complex and continually evolving. Seasoned drug defence lawyers stay updated with these changes and understands the intricacies of the law. For example, they know the difference between simple drug possession and a trafficking charge, and how to defend each.
2.Case evaluation and strategic guidance
Every legal case requires a unique strategy. Our lawyers provide strategic advice based on their understanding of legal complexities. For instance, they may argue lack of intent, challenge the legality of the search, or dispute the nature of the substance, depending on what best suits your case.
3.Negotiation skills
Plea bargaining can be a crucial part of the legal process. Skilled criminal lawyers are adept at negotiating with prosecutors to get charges reduced or even dismissed. They might, for instance, negotiate a plea deal where a severe trafficking charge is reduced to a lesser possession charge.
4.Courtroom experience
If your case proceeds to court, having a lawyer who is familiar with courtroom protocols and has a good rapport with judges and prosecutors can be invaluable. Our experienced defence lawyers know when to object, how to cross-examine witnesses effectively, and how to present arguments persuasively.
5.Guidance and support
Facing a drug charge with ripple effects into your professional or personal life can be emotionally draining. A dedicated lawyer not only provides legal assistance but also emotional support, guiding you through the process and helping you understand your rights and options.
6.Professional network
Our established lawyers have a wide network of professionals like private investigators or expert witnesses who can assist in strengthening your case. For example, a private investigator could locate witnesses who can offer testimony that might be beneficial to your defence.
7.Effective appeal strategies
If your case does not have a favourable outcome, our lawyers can help you to explore options for appeal. They understand the legal requirements needed for an appeal and are skilled at presenting evidence that supports your case.
8.Post-conviction assistance
Even after a criminal conviction, a lawyer's work isn't done. They can assist with appeals or advise on steps to expunge a criminal record, ensuring you get the support needed throughout the entire legal journey.
Hiring a lawyer experienced in drug cases from State Law Group can provide invaluable benefits if you're charged with a drug offence. Their expertise, strategic planning, and negotiation skills can significantly impact your case, potentially leading to reduced charges or even a complete dismissal.
When should I seek legal advice after being charged with a drug offence?
Facing a drug charge can be a daunting experience. It's crucial to understand when you should seek legal advice to ensure the best outcome for your case. Here are some key moments when consulting experienced drug lawyers is critical:
1.Immediately after arrest
As soon as you're arrested and charged with a drug offence, it's crucial to seek legal counsel. A lawyer can guide you through the arrest process, ensuring your rights are protected. For example, your right to remain silent to avoid self-incrimination.
2.Before giving a statement to police
Before you provide any statement or answer any questions from law enforcement, it's essential to consult a lawyer. They can advise you on what to say to protect your interests, as any information you provide could be used against you in court.
3.When charged formally
If you're formally charged with drug offences, it's time to get legal advice. Drug defence lawyers can explain the charges and potential consequences, helping you understand the gravity of the situation.
4.Uncertainty about your rights
If you're unsure about your rights or how to respond to a charge, consulting a lawyer can provide clarity. For example, they can help you understand the difference between a summary offence and an indictable one, so you know how to best approach the situation.
5.Deciding whether to plead guilty or not guilty
If your case proceeds to court, your lawyer can advise you on whether it's more advantageous to plead guilty or face trial. If there's enough evidence to prove your guilt, a lawyer may recommend that you accept a plea deal. If not, they can advise on how to build a defence strategy. They can also help negotiate a plea bargain on your behalf and help you understand the implications.
6.Exploring options for appeal
If the court proceedings don't end in your favour, criminal lawyers can help you explore options for appeal. They understand the legal requirements needed and know how to present evidence in support of your case.
7.Post-conviction
Even after a conviction, a lawyer's work isn't done. They can provide advice on matters like sentence mitigation, parole applications, and rehabilitation programs.
Remember, every drug case is unique and navigating the legal system can be complex. Seeking professional legal advice at these various stages can ensure your rights are protected and help you achieve the best possible outcome.
How much does a drug lawyer cost? What fees can I expect?
Engaging a criminal lawyer can be a crucial step if you're facing drug charges. However, it's equally important to understand the costs involved. Here are some key points to consider:
- Initial consultation fee: At State Law Group we offer a free initial consultation. This session allows our team to understand your unique case and determine if and how we can help you.
- Lawyer's experience: The level of experience a lawyer has can impact their fees and hourly rates. More experienced lawyers often charge more for their services, but their expertise might result in a more favourable outcome for your case.
- Complexity of case: More complex cases, such as those involving large commercial quantities of drugs or additional charges like trafficking, can take more time and resources to handle, thus increasing the cost.
- Legal Aid: If you cannot afford a lawyer, you might be eligible for legal aid. Legal aid provides free or low-cost legal services to those who qualify.
- Disbursements: These are expenses incurred by the lawyer on your behalf, such as court filing fees, expert reports, and photocopying. They are usually charged in addition to the lawyer's fees.
- Case resolution: If your case is resolved quickly, through a plea bargain for example, the total cost might be less than if it goes all the way to trial, which requires more preparation and court appearances.
While hiring a lawyer might seem expensive initially, it can prove cost-effective in the long run. The potential implications of a criminal record are far-reaching, so it's important to ensure you have the best representation possible. Remember, it's essential to discuss and agree on costs with your lawyer at the beginning. Most lawyers are required to provide a costs agreement setting out their fees and how they are calculated. Make sure you read and understand this agreement before engaging a lawyer.
How do I choose the best drug lawyer?
Choosing the right lawyer is a crucial decision that can significantly impact your case's outcome. Here are some key factors to consider:
- Specialisation: Look for a lawyer who specialises in drug offences. This area of law is complex and constantly changing, so it's essential to have someone who is up-to-date with the latest developments. For example, specialised drug offences lawyers will understand the nuances between possession, supply, and trafficking charges.
- Experience: Consider the lawyer's experience in handling drug offence cases. An experienced lawyer will be familiar with court procedures, negotiation tactics, and defence strategies that can help in your case. Ask about their track record in similar cases to yours.
- Reputation: A lawyer's reputation can provide insight into their professionalism, ethics, and success rate. You can research online reviews or ask for references from past clients. For instance, a lawyer with a reputation for successfully reducing charges or securing non-conviction orders might be a good fit.
- Clear communication: Your lawyer should clearly explain your legal situation, possible defence strategies, and potential outcomes. They should answer your questions promptly and keep you informed about your case's progress.
- Personal Rapport: It's important to feel comfortable with your lawyer as you may need to share sensitive information with them. If you feel understood and supported during your initial consultation, it's a good sign of a positive client-lawyer relationship.
- Fee structure: Understanding the lawyer's fee structure is crucial. Whether they charge a flat fee or by the hour, make sure you're aware of all costs involved upfront.
- Availability: Your lawyer should have sufficient time to devote to your case. If they seem overworked or too busy to give your case the attention it requires, it might be best to look elsewhere.
Choosing the right lawyer involves careful consideration of these factors. Remember, the goal is to find someone who has the expertise, experience, and dedication to provide the best possible defence for your case. At State Law Group, our team of Sydney criminal lawyers are ready to fight for you.
Book your free consultation today
Facing drug offences and navigating the legal system can be daunting. But remember, you don't have to face it alone. Book a free consultation with State Law Group today. Let our team of expert drug defence lawyers guide you through the process, provide you with the advice you need, and take the lead in your legal defence.
