Drug offences are very common. They range from simple personal use offences to serious offences that can carry long terms of imprisonment. If you are charged with drug possession, you should consult an experienced criminal lawyer as son as possible.
There are five main categories of drug charge:
- Possessing dangerous drugs
- Possessing various property or things relating to drug offences
- Producing dangerous drugs
- Supplying dangerous drugs
- Trafficking in dangerous drugs
What is drug possession?
In Queensland, possession can be actual, constructive or joint.
Actual possession is where you either have the drugs physically on your person (for example, in your pocket) or under your control (for example, in your locked car to which you have the only key).
Constructive possession is where the drugs are in someone else’s physical possession but you have the right to obtain them (for example, if you are using someone else’s garage to store drugs, and you have access to that space so you can go and get them).
Joint possession is where more than one person has possession of the drugs (for example, a joint or bag of cocaine that is shared around at a party).
Possession can also be deemed. If drugs are found on your premises, the onus is on you to show that you didn’t not know that they were there and had no reason to suspect that they would be there. A parent whose teenagers are keeping drugs in their bedroom may be deemed to be in possession of the drug. It is more commonly used where drugs are found in the common areas (a lounge room or a kitchen, for example) of a house with multiple tenants.
How serious is a drug possession charge?
Drug possession charges vary depending on:
- What type of drug you are found to possess.
- How much of the drug is found in your possession.
- Whether you are considered to be drug dependent.
The penalty will also take into account your individual circumstances and background.
Do I need a lawyer for drug possession charges?
If you’ve been contacted by the police, you should talk to a lawyer who is experienced in helping people with drug related offences. Get in contact with us, if you have been asked to attend a police station or participate in an interview so that we can give you advice ahead of time and make sure you are aware of your rights. Having early advice from a lawyer for your drug possession charge can help enormously.
If you are charged with a drug offence that is proceeding to court, a drug possession lawyer on the Gold Coast can help you with your case. There may be defences available to you or strategies you can use to help you avoid or reduce any penalty you may be facing. The court can take into account any mitigating factors that might apply, such as your personal history, character and circumstances.
We can help you prepare any supporting documentation, appear in court on your behalf and negotiate with the prosecutor to amend or downgrade charges in some circumstances.
By getting in touch with our experienced lawyers on the Gold Coast, you can access expert advice and support at a stressful time.