Drug possession is one of the most common drug offences dealt with in the Local Court of NSW. A conviction for drug possession can have serious consequences on your future, which is why it is important to have our drug possession criminal lawyers to assist and guide you through your court case.
What is drug possession?Â
Drug possession involves having a prohibited drug in one’s physical custody and control. This includes placing the drugs in a place where you maintain control over them even though they are not on your person. Ie in the car glove box or in your bedroom side draw.
What must the prosecution prove?
The prosecution are required to prove the following three elements beyond a reasonable doubt:
1. That the drugs were in your possession, meaning in your physical custody where you can practice exclusice control OR that the drugs were put in a place where you could exercise your exclusive control over them.
2. That you knew or reasonably should have known about the nature of the substances which means that you must have known that the substance in possession was in fact a ‘prohibited’ drug.
3. Prosecution must prove that you had the intention to possess the prohibited drug.
What is the maximum penalty for possessing drugs under Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW)?
A summary offence of drug possession carries are a maximum sentence of 2 years imprisonment and/or a fine of $2200.
What are the penalties for drug possession?
In NSW, the penalties for drug possession can range from an on-the-spot fine to a full-time jail sentence.
Further sentence options include:
> Fines
> Good behaviour bonds with/without conviction
> Intensive Corrections Orders
> Full-time jail
What is taken into consideration on sentence for a drug possession charge?Â
There are a number of factors that are taken into consideration when deciding the appropriate sentence for a drug possession charge. These include and are not limited to the following:
> Criminal history of the offender
> Amount of drugs located
> Steps taken towards rehabilitation
Our Drug Possession Criminal lawyers specialise in getting the best results for our clients.
How can I beat a drug possession charge?Â
Possible defences to a drug possession include:
1. Establishing they were not your drugs
2. That there was an illegal search
3. Lack of evidence proving your control over the drugs
4. Lack of evidence to provide knowledge of the drugs being in your possession Ie that it was accidently placed in your bag by someone else and did not belong to you.
Can I receive a no-conviction bond for a first-time drug offence?Â
Yes. Our Drug Possession Criminal Lawyers have a proven track-record of obtaining no-conviction results for our clients, commonly known as a s10. Through the correct preparation our clients often received no-conviction results.
What happens at court?
At your first court mention, the court will want to know whether your plead guilty or not guilty to the offence of drug possession. If you plead guilty the matter will proceed to a ‘sentence’. If you plead ‘not guilty’ the matter will proceed to a defended hearing.
Whether you plead guilty or not guilty, our Drug Possession Lawyers will make submissions on your behalf to get you the best possible result.
Best Drug Lawyers Sydney – How to contact us?Â
If you are facing drug possession offences, get in touch with us today. At Criminal Lawyers Group, we have leading Drug Offence Criminal Lawyers ready to assist. Contact us today for a Free Initial Consultation to discuss your case here.Â