Drug possession and drug trafficking are offences under both Victorian and federal legislation. To be precise, offences of this nature are contained in the Drugs, Poisons and Controlled Substances Act 1981. If you have been charged by the police for drug offences, it is crucial to get a criminal defence specialist to help defend or mitigate the charges or allegations made against you. Drug offences can range from possession, trafficking, commercial trafficking and/or cultivation and manufacturing of drugs, such as cannabis, cocaine, GHB, heroin and methamphetamine. If you have been charged with drug offences it is absolutely crucial that you seek a powerful criminal defence lawyer to assist in avoiding a criminal conviction of this nature. If the police interview in relation to offences involving drugs, never consent to making a formal record of interview. Always seek advice from your criminal lawyer before speaking to the police. This is absolutely crucial and remember that anything you say can and will be used against you.
Synthetic drugs have recently been added to the list of drugs of dependence and therefore, fall under the same legislation.
Minor offences relating to drugs will be dealt with in the magistrates court, while more serious offences such as commercial trafficking will be heard in the County Court of Victoria. The sentencing options and range between the two courts are vastly different. Always seek advice from your lawyer before appearing at a court where you are answerable to allegations relating to drug charges. Although minor, all matters concerning drugs should see you get accurate and powerful legal representation to ensure you do not receive the wrong advice or an adverse court result or worse – jail.
At times, minor drug offences for individuals who have no prior criminal history can be dealt with by way of a DIVERSION. A diversion can mean that a conviction is not recorded against you which can give rise to a significant benefit in both your future and plans for international travel.
The quantity of the drugs you were allegedly in possession of or trafficking can significantly change the result of your case. The quantity is the primary element which leads the charging agency to decide which charges are appropriate given the circumstances. Make sure you have your charges assessed intrinsically to ensure you have been charged lawfully and correctly in the first place.
Trafficking commercial quantities of a drug contained within the Drugs, Poisons and Controlled Substances Act 1981 can carry up to 5 years in prison or monetary fines in excess of $700,000.
We provide FREE case assessment of your police charges relating to drug offences and charges. Why risk getting the wrong advice from lawyers who do not put in the time and effort required for your case. Have Garde Wilson Lawyers defend, mitigate and resolve your allegations of drug charges and call our 24/7 support line NOW.
|Non-commercial quantities||$273,006 and/or imprisonment for 15 years|
|To a person under 16||$364,008 and/or imprisonment for 20 years|
|Commercial quantities||$455,010 and/or imprisonment for 25 years|
|Large commercial quantity||$758,350 and/or life imprisonment|
|Possess a tablet press or a prescribed precursor chemical||$91,002 and/or 5 year’s imprisonment|
|Possess substance or material or documents relating to preparation cultivation or manufacture of a drug or equipment for trafficking a drug||10 years imprisonment|
The difference between having your drug charges dealt with correctly can mean spending significant amounts of time in jail or having state assisted therapeutic orders to assist with any underlying mental health issues as a result of being exposed to drugs and the social pull-downs that come with them. Treatment and punishment are two very significantly different elements which need to be advocated to the judge or magistrate presiding over your case.
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