Should I Plea Guilty or Not Guilty for my Drug Possession Charges?

According to the Australian Bureau of Statistics, lethal drug use is continuing to be a significant health issue in Australian society. Over the last 20-year period, drug-related deaths are at the highest rate it has ever been. Subsequently, the Australian Courts have taken these drug-related offences very earnestly.

As reputable Sydney criminal lawyers, we recognise how challenging it may be for individuals to come to terms with knowing that they have been charged with a criminal offence. Having a criminal record in Australia can harm one’s chances of securing a job and can also cause damage to relationships with acquaintances and organisational supports.

The laws in Australia concerning the ownership of illegal drugs are very stringent. They can give rise to severe fines and even the possibility of jail time for all individuals who are involved. If you have been charged with a drug-related offence, it is recommended to consult creditable criminal defence lawyers in Sydney to help you present an impressive defence.

Penalties for Drug Possession Offences

Prohibited drugs are any drug substances such as cocaine, heroin, amphetamines or any other drug listed under schedule 1 of the Drug Misuse and Trafficking Act 1985 (NSW). It is important to note that individuals can be charged with on and off-person possession. For example, one may be charged if a prohibited substance is found in their vehicle.

If you have been found guilty of possessing a prohibited drug, you can be faced with a fine of up to $2,200 and/or incurring the most severe penalties of up to 2 years imprisonment. In NSW, other penalties can be forced upon guilty individuals in which may be more beneficial. Such penalties include home detention, an intensive corrections order (ICO), a community corrections order, or conditional release orders.

In certain circumstances, individuals can have their case approached with the aid of a section 10 dismissal. A section 10 dismissal is where the Court can find you guilty of the offence you have committed but exude the matter without registering a conviction. You should seek legal advice from experienced criminal lawyers in Parramatta and Sydney for a fighting chance of having your criminal record voided altogether.

For individuals who are first-time drug possession offenders, less stringent penalties will be charged compared to those who have been accused of such offences on multiple accounts.

 What Happens When I Plead Guilty to Drug Charges?

If you decide to plead guilty to a drug offence, you will need to attend Court and notify the magistrate of your decision.

Pleading guilty of a drug possession charge will be more commended in Court. A letter of apology and good character references are very beneficial in Court. It is essential to choose your referees carefully who have the ability to state your remorse and the impact that a drug conviction can have upon your family and your job. A captivating letter of apology will allow the Court to see that you convey regret and sorrow for the actions you committed.

As a result, you may receive a lesser sentence. However, if you disagree with the decision made by the Court, you have the right to appeal within 28 days. In saying that, our team of criminal lawyers in Parramatta and Sydney are here to support you the whole way through your conviction and will achieve the best possible results for your circumstances.

 What Happens When I Plead Not Guilty to Drug Charges?

In the chance that you plead not guilty to all of the charges placed against you, it is the prosecution’s responsibility to prove beyond reasonable doubt that, in point of fact, you were in possession of prohibited drugs. The prosecution must also demonstrate that you knew you were in possession of any prohibited substances. If the prosecution fails to validate any of these facts, the Court will find you not guilty.

On the other hand, if you are, however, found guilty, a conviction will be charged against you.

 What Defences Will Criminal Defence Lawyers in Sydney Use?

There are three primary defences that experienced criminal defence lawyers in Sydney will use to defend a drug possession charge on your behalf.

Duress: surrounds the use of unlawful force by an individual to convince another person to engage in recreation that they would not usually partake in. This force can result in harmful threats such as severe bodily harm or, in worse cases, death. The accused trusts that if they do not engage in such activities, they will be in danger.

Necessity: concerns situations where the accused argues that their efforts are tolerable and admissible as they were in jeopardy either by human or involuntary forces. In order to confirm that such acts were necessary, it must be accustomed that such pursuit was only attempted in order to bypass certain consequences that are considered “irreparable evil”. The accused has to suspect that they had no other options to avoid the approaching threat.

Knowledge: the accused was oblivious to the presence of prohibited drugs or believed that the prohibited drug was a different substance that was legal.

If you require further guidance on the defences used to defend against drug possession charges, seek legal advice from professional Sydney criminal lawyers.

Which Court Will I Be Attending?

Prohibited Drug Possession is deemed a minor offence compared to other drug-related charges and is heard in the Local Court. Although we are expert criminal lawyers based in Parramatta and the Sydney CBD, we have represented clients across numerous local courts.

Looking for Reputable Sydney Criminal Lawyers?

When looking for an experienced criminal defence lawyer in Sydney to defend your drug offence case, it is important to find criminal lawyers who are both reliable and have a high success rate in achieving the best possible outcomes for their clients.

Having defended more than 3,800 criminal defence cases with a success rate of over 90%, Benjamin Leonardo, Criminal Lawyers in Parramatta & Sydney, issue their clients with knowledgeable legal advice and flexible payment terms. If you have been charged with a Sydney criminal offence or drink driving violations, please contact Benjamin Leonardo on (02) 9283 3033 for your first Consultation.