Drug Lawyer – Burwood
What a Drug Charge Means
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What is a drug charge?
A drug charge alleges that you have contravened the Drug Misuse and Trafficking Act 1985 (‘the Act’). The Act prohibits the cultivation, production, possession, supply, and use of specific medicines.
The Australian Legal Practice’s Burwood drug lawyers have extensive experience with all types of drug offences, including the three most common drug-related charges:
- Drug use
- Drug possession
- Drug supply and trafficking
The maximum penalty for these offences increases depending on the quantity of the drug. Schedule 1 of the Act categories prohibited drugs as being of a small quantity, trafficable quantity, indictable quantity, commercial quantity, or large quantity.
The categories of drug offences and maximum penalties are listed in the table below.
| Offence | Drug Misuse and Trafficking Act 1985 | Penalty |
|---|---|---|
| Cultivate or supply prohibited plants (cannabis) | s23 | 10 years and/or 2,000 penalty units |
| Cultivate or supply prohibited plants (other than cannabis) | s32(1) | 15 years and/or 2,000 penalty units |
| Manufacture and production of prohibited drug (less than commercial quantity) | s24(1) | 15 years and/or 2,000 penalty units |
| Manufacture and production of prohibited drug (commercial quantity or higher) | s24(2) | 20 years and/or 3,500 penalty units |
| Supply of prohibited drug (cannabis) | s25(1) | 10 years and/or 2000 penalty units |
| Supply of prohibited drug (other than cannabis) | s32(1) | 15 years and/or 2000 penalty units |
What are defences to a drug charge?
Our Burwood drug attorneys at The Australia Legal Practice might be able to fight your drug accusation on a case-by-case basis if: Our Burwood drug attorneys at The Australia Legal Practice might be able to fight your drug accusation on a case-by-case basis if:
For example,
- Personal Use – The drugs were for personal use only. Section 29 of the Act notes that a person can be charged with deemed supply if they have a trafficable quantity. Yet, you will not be guilty of deemed supply if it is proven that the drugs were of a smaller quantity and for personal use only.
- Police cannot prove possession – The police cannot prove that you knew about the drugs on your person or property. In other words, the police will be unable to establish possession and will not be able to meet their burden of proof.
- Duress – The threats of another party force you to act in a certain way, equating to duress.
Choices if accused of a drug offence in Burwood
Depending on your situation, you can decide to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Condemn committing the crime and violating the law.
A Drug Lawyer in Burwood specializes in providing legal representation and counsel for individuals facing charges related to drug offences in the Burwood area. Our attorneys possess a deep understanding of drug laws and work to protect the rights of their clients throughout the legal process.
Burwood Drug Lawyers play a critical role in building a strong defence strategy. They carefully examine the evidence against their clients, ensuring that proper procedures are followed during arrests and investigations. They may challenge the admissibility of evidence, question the legality of searches, or explore potential avenues for case dismissal or reduced charges.
Our lawyers also guide their clients through court proceedings, explaining the potential consequences and advocating for the best possible outcome. This may involve negotiating with prosecutors for reduced charges, exploring rehabilitation options, or presenting mitigating factors.
Beyond legal representation, Drug Lawyers in Burwood understand the challenges individuals face when dealing with drug-related charges. They provide support and guidance, helping clients navigate the complexities of the legal system and making informed decisions about their defence.
Choosing a skilled and experienced Drug Lawyer in Burwood is crucial for those facing drug-related charges, as it can significantly impact the outcome of the case and the individual’s future. Our Drug attorneys bring valuable expertise to protect the rights and interests of their clients throughout the legal process.
If you choose to enter a not-guilty plea, our Burwood drug lawyers will vigorously defend your rights to provide you with the strongest possible defence.
The best way to get off a drug charge is to contact our experienced drug lawyers. Our solicitors at The Australian Legal Practice have extensive experience and specialize in drug-related offences.
We give specialised guidance and are fully prepared to fight your case.
Call (02) 8084 9929 today to arrange a free initial consultation with a Burwood drug lawyer.
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