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When facing drug charges, having the right legal support can make all the difference. Criminal lawyers specialised in drug cases can provide expert advice and robust defence strategies to help you overcome the challenges ahead. Whether you are a first-time offender or involved in more serious drug offences such as large commercial supply, importation or manufacturing, this guide will equip you with valuable insights into what you can expect and how to protect your rights, including knowing when to seek the expertise of experienced drug lawyers.

Understanding Drug Laws in NSW

The drug laws in New South Wales are comprehensive and can be complex, encompassing a range of offences from simple possession to serious trafficking charges. The Drug Misuse and Trafficking Act 1985 covers drug misuse in the context of legal offences related to drug supply, possession, and manufacturing. Possession of an illegal substance, for instance, can result in penalties that vary depending on the type and quantity of the drug. The NSW legislation also addresses the manufacturing and supply of drugs, which can lead to significantly harsher sentences, including lengthy prison terms. 

Types of Drug Charges

It is vital for individuals charged with drug offences to seek legal advice promptly.

Drug Possession

Possession of a prohibited drug is one of the most common charges individuals face. According to NSW law, possession means having a drug in your custody or control. Even if the drugs are not physically on you, but in a place you control, you can still be charged with possession. Penalties for possession vary, but can include fines, community service, and imprisonment.

Drug Supply

Drug supply involves the distribution of prohibited substances. This can range from small-scale street-level dealing to large-scale operations. Supply charges often attract severe penalties, including lengthy prison sentences. Examples include being caught selling drugs or being found with large quantities indicative of an intent to supply.

Drug Manufacturing

Manufacturing drugs refers to the production of illegal substances, whether in a lab or through other means. This charge is particularly serious due to the potential harm to the community. Convictions can result in substantial prison terms and significant fines. For instance, operating a meth lab would fall under this category.

Drug Importation

Importing illegal drugs into Australia is a federal offence that carries heavy penalties. It is crucial to have a skilled drug defence team to represent individuals facing drug importation charges. This includes bringing drugs through airports or shipping them via mail. The severity of the punishment depends on the quantity and type of drug. Large-scale importation can lead to life imprisonment.

Drug Schedules

Drugs are classified into schedules based on their potential for abuse and medical utility:

Schedule 1

Drugs with high abuse potential and no accepted medical use (e.g., heroin).

Schedule 2

Drugs with high abuse potential but with accepted medical uses (e.g., morphine).

The Legal Process for Drug Charges

Navigating the legal process when faced with drug charges can be daunting, but understanding the stages involved can help alleviate some of the stress.

1

Arrest & Police Investigation

  • Arrest: Police can arrest without a warrant if they suspect involvement in drug offences.
  • Search and Seizure: Police may conduct searches and seize drugs and related items.
  • Police Interview: Suspects have the right to remain silent and request legal representation.
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Bail

  • Bail Application: After arrest, individuals can apply for bail. Factors like flight risk and the seriousness of the offence are considered.
  • Bail Conditions: May include regular reporting to police, surrendering passports, and abstaining from contact with certain individuals.
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Pre-Trial Processes

  • Committal Hearing: Determines if there is enough evidence to proceed to trial.
  • Plea Bargaining: Negotiation between the defence and prosecution to settle the case without trial. Accepting a lesser charge in exchange for a guilty plea is common. Lawyers can help clients who choose to plead guilty by providing strategies for minimising penalties and avoiding criminal convictions, such as achieving more favourable outcomes like non-conviction orders.
4

Court Proceedings

  • Magistrates' Courts/Local Courts: Handles less severe cases (e.g., minor possession).
  • District and Supreme Courts: Handle severe cases (e.g., trafficking, supply).
  • Trial Process: Includes presentation of evidence, witness testimonies, and legal arguments. The judge or jury delivers a verdict.

Legal Defences & Sentencing

Legal Defences

When facing drug charges, understanding the available legal defences is essential in mounting an effective challenge. Having specialised knowledge in drug defence is crucial to effectively manage a range of cases from minor possession to significant trafficking offences. Several potential defences can be employed, depending on the specifics of each case. Each defence needs careful evaluation and should be tailored to the individual circumstances.

Lack of Knowledge

One common defence is arguing that you were unaware of the drug’s presence. For example, if drugs were found in a shared space, you might claim that you had no knowledge of them.

Unlawful Search and Seizure

Challenging the legality of the police search that led to the discovery of the drugs can be an effective defence. If the search was conducted without a warrant or probable cause, the evidence might be deemed inadmissible.

Medical Necessity

In some cases, especially involving cannabis, a defence of medical necessity might be applicable. This involves proving that the drug was used for legitimate medical reasons.

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. Demonstrating entrapment can lead to charges being dropped.

Duress or Coercion

If you were forced or threatened into committing a drug offence, this can be used as a defence.

Sentencing Factors

If you are found guilty, the court will determine your sentence. Factors such as prior convictions, the nature of the offence, and any mitigating circumstances will be considered. A skilled lawyer will work to minimise the penalties you face.

Genuine Remorse

Showing genuine regret for your actions and taking steps such as completing drug rehabilitation programs can show a willingness to change and lead to sentencing discounts.

Mitigating Circumstances

Factors like addiction treatment, remorse, and rehabilitation efforts may influence sentencing.

Character References

Positive character references from family, friends, or employers can demonstrate good character and potentially lead to a lighter sentence.

Previous Convictions

Repeat offenders often face harsher penalties.

Consequences of a Drug Conviction

The consequences of a drug conviction extend beyond the courtroom, impacting employment, travel, and social standing. If you or someone you know is dealing with drug charges, don't hesitate to reach out for a consultation.

Employment

A drug conviction can severely impact your employment prospects. Many employers conduct background checks, and a criminal record can be a significant barrier to job opportunities. Some professions may even disqualify you entirely based on a drug conviction.

Travel

Travel restrictions are another consequence. Countries like the United States have strict entry requirements, and a drug conviction can make obtaining a visa difficult or impossible.

Social Stigma

Social stigma can affect personal relationships and community standing. Being labelled as a criminal can lead to isolation and discrimination in various aspects of life.

Financial Impact

The financial impact includes not only fines and legal fees but also potential loss of income due to job termination or difficulty finding work. Mitigating these consequences involves seeking legal advice early and exploring options for expungement or record sealing. Sydney drug lawyers can provide guidance on these matters.

How JBP Law Can Help

At JBP Law, our specialised law firm defends clients against drug offences in Sydney. Our experienced team of drug lawyers is here to provide the expert legal representation you need. Here’s how we can assist you:

Providing Legal Advice

A drug lawyer offers crucial legal advice tailored to your specific situation. They help you understand the charges against you, the potential penalties, and your options for defence.

Representing You in Court

From bail hearings to trials, your lawyer represents you in court, presenting your case, cross-examining witnesses, and making arguments on your behalf.

Bail Applications

Applications for bail in relation to drug offences are critical and demand skilled legal counsel to enhance the prospects of a favourable outcome. Such proceedings can take place at various levels, including the Local Court, District Court, or Supreme Court within New South Wales. In instances of refused bail by the Local Court, seeking an application for bail from the Supreme Court becomes essential.

Securing bail is crucial when facing drug charges, as it can significantly affect your case. A skilled drug lawyer will help create a strong bail application, highlighting factors that show you’re not a flight risk and that your release won’t endanger the community. They will present evidence like employment status and community ties, and advocate for reasonable bail conditions that allow you to maintain your daily life while awaiting trial. Successful bail applications can lead to a better environment for preparing your defence.

Negotiating Plea Deals

In some situations, negotiating a plea deal might be in your best interest. Our drug defence lawyers have a proven track record in handling serious drug charges and achieving favourable outcomes for clients. A seasoned lawyer can work with the prosecution to reduce charges or secure a more lenient sentence.

Post-Conviction Support

Even after a conviction, a lawyer can assist with appeals, sentence reductions, and exploring other legal avenues to lessen the impact of the conviction on your life.

How it works

take control & protect yourself

At JBP Law, we accompany you at every step of your journey towards justice. Our supportive and structured process aids you in securing your future through expert legal representation and strategic defence planning.

1. Book Consultation

Booking a consultation with JBP Law is the first step towards securing your defence. Simply fill in the contact form to talk to one of our criminal defence lawyers about your case.

2. Case Evaluation

During the case evaluation, our experienced lawyers will provide a detailed analysis of your situation and discuss your legal options. This thorough evaluation helps us tailor the best defence strategy for your specific circumstances.

3. Strategic Planning

Crafting a customised defence strategy is crucial for building a strong case. Our lawyers at JBP Law gather evidence, interview witnesses, and prepare your case for trial, ensuring that all police and prosecution evidence adheres to legal standard.

4. Court Representation

JBP Law offers expert advocacy both in and out of the courtroom. Whether you plead guilty or not guilty, our experienced criminal defence lawyers will represent you with professionalism and dedication, ensuring the best possible outcome for your case.

5. Resolution

Our team at JBP Law is relentless in its pursuit of achieving the best possible outcome for your case. Through strategic defence planning and expert legal representation, we strive to resolve your case efficiently and effectively.

FAQ

Frequently Asked Questions

01

What court deals with drug offences?

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Depending on the severity of the drug offence, it can be dealt with in either the Local Court, District Court or Supreme Court within New South Wales.

02

Will I go to jail for a drug charge?

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The potential penalties for drug charges vary depending on the type and quantity of drugs involved. In some cases, first-time offenders may receive a suspended sentence, probation or community service instead of jail time. It is best to seek legal advice from a Sydney drug lawyer to understand your specific situation.

03

What are the most common drug offences in Sydney?

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In Sydney, drug possession, along with the supply, importation and manufacturing of illegal substances such as cocaine, ecstasy, methylamphetamine (often known as ice), heroin, LSD and cannabis, are among the prevalent drug offences involving prohibited drugs.

04

What are the penalties for drug supply and trafficking charges?

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Depending on the amount of illegal drugs involved and the individual’s involvement in their distribution, someone charged with drug supply or trafficking can face imprisonment for a period ranging from two years to life.If one is found trafficking an illegal substance in commercial quantities, they could be facing a sentence that extends to 25 years behind bars and/or may also incur monetary penalties.

05

How can a drug lawyer help in defending drug possession charges?

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By disputing evidence and questioning the alleged possession, a drug lawyer strives to mitigate charges or penalties. They might negotiate towards achieving sentences that do not lead to convictions in an effort to preserve their client’s criminal record from any blemishes.

06

What is the process for a Supreme Court bail application?

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The procedure for applying for bail from the Supreme Court necessitates the collection of details concerning the applicant’s job, connections to the community, and place of living. It also demands carefully crafted written arguments.Consideration is given to aspects like how grave the charge is against them as well as their prior criminal record.

07

How can illegal searches and evidence exclusion impact my case?

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Evidence secured through an illegal search might be deemed inadmissible in court, potentially undermining the prosecution’s case, as per Section 138 of the Evidence Act 1995, which governs such exclusions.

08

How long do drug offences stay on your record?

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In New South Wales, drug offences typically remain on a person's criminal record indefinitely, unless they take steps to have them expunged or sealed. The process for expungement can vary based on the nature of the offence and the individual's circumstances. Under certain conditions, first-time offenders may have their records expunged after fulfilling specific criteria, such as completing rehabilitation programs.

It is advisable to consult with a Sydney drug lawyer to explore the possibility of clearing your record, as this can significantly improve future employment, housing, and travel opportunities. Failing to address a criminal record can lead to ongoing challenges and limited options in various aspects of life.

09

How experienced is the JBP Law team?

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Experience plays a significant role in criminal defence. JBP Law is renowned for its exceptional criminal and civil legal services across Sydney and Australia. With over a decade of industry experience, our legal team has a profound understanding of clients’ distinctive needs and is dedicated to providing top-notch legal representation.

As Sydney criminal law specialists, JBP Law stands out among criminal law firms for its commitment to excellence and client satisfaction. Their expertise in criminal law and dedication to achieving the best outcomes for their clients make them one of the top Sydney criminal lawyers you can rely on.

10

What are the chances of winning my case?

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While we cannot guarantee specific outcomes, our extensive experience and strategic approach significantly enhance your chances of a favourable result. During your consultation, we will provide an honest assessment of your case and discuss potential strategies to achieve the best possible outcome.

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Why choose JBP Law?

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Our team of leading criminal lawyers in Sydney are not only experienced but also deeply invested in understanding the unique circumstances of each client. This personalised approach ensures that every client receives the attention and tailored legal strategies they deserve from criminal lawyers Sydney, along with guidance from initial consultation to court representation and support through every step of the legal process.

You should choose JBP Law for expert legal representation, experienced defence strategies, and a proven track record of achieving favourable outcomes for clients. Principal criminal defence lawyer, Jason Benjamin Pham, has a proven track record in representing clients and achieving favourable outcomes.

Clarity. Confidence. Defence.

Book your Confidential Consultation with us today to get the clarity and guidance you need to face your charges with confidence.