Sydney Criminal Lawyers for Specialised Legal Advice on Drug Charges
Being arrested on drug charges in Sydney means that you may face severe imprisonment. For obtaining bail or building the best defence possible, contact Sydney criminal lawyers without delay.
Drug offences are severe criminal charges that can adversely impact your life. Visit an experienced drug defence attorney as soon as you can to learn about your options. They can help you with your next move and fight for your rights.
Types of Drug Charges in Sydney
In New South Wales, penalties for each drug offence differ with factors, such as:
- Type of drug
- Purpose of use
- Form of supply
- Procurement – import or cultivation, and others
The Drug Misuse and Trafficking Act 1985 classifies drug offences into two sections: summary and indictable offences. Summary offences involve drug possession and supply and possession of drug paraphernalia, and trials happen in a Local Court. The latter, indictable offences, are more serious drug charges that go to higher courts. Prohibited drug manufacturing, supply, and importation fall under this category.
The Crimes Act 1900 deals with some other types of offences that result from drug use. These include:
- Driving when illicit drugs are present in the blood
- Distributing Ecstasy or MDMA
- Drugged driving after cocaine use
- Drug administration to women to cause miscarriage
- Using drugs to procure a person for prostitution
- Taking an intoxicating substance to commit a crime
Drug Possession Charges
Some common drug offences in Sydney are possession of illicit substances. The prosecution must prove that you are in physical possession of the drugs during the arrest. Depending on the amount of narcotics in your possession, the charges and penalty may vary. The quantities of drug possession are divided into small, trafficable, indictable, commercial, and large. Besides, if the intent behind carrying the drug is not personal use, you face serious consequences.
Drug Manufacture and Importation
You may often hear about drug cultivation and synthetic drug manufacture using large quantities of chemicals. Some clandestine laboratories in Sydney and other parts of the state partake in drug manufacturing. Ecstasy, meth, and other illegal substances are imported into Australia. For the most extreme acts, you may be looking at lifetime imprisonment.
Drug Driver Testing
Authorities use random testing to determine the drug content in the driver’s system. One of the most effective and quickest tests is saliva drug testing. This process detects if the driver is under the influence and if they used drugs recently. Based on the results, they can evaluate whether your driving ability is impaired. In such situations, call Sydney criminal lawyers sooner than later, to find the best defiance.
Asset Forfeiture and Property Seizure
Per the Confiscation of Proceeds of Crime Act 1989 (NSW), the asset and property connected to a drug offence can be seized. Within this legislation, it is considered probable that you are involved in severe crime-related activities.
If you are found in possession of drugs, you could be facing assets forfeiture orders and property restraint orders. Under the Criminal Assets Recovery Act 1990 (NSW), the profits, benefits, and property can be confiscated without a conviction.
Fines and Imprisonment
The prosecution must prove that:
- You are physically in possession of the prohibited substance
- You are aware that the drug you possess is illegal
The maximum penalty for drug possession is 20 penalty units ($2,200), two years of jail time, or both. The severity of the court sentence depends on the number of drugs in possession. A qualified lawyer in Sydney will always advise you to avoid the criminal record. So, they may favour another type of penalty, a good behaviour bond. Your Sydney criminal lawyers will persuade the magistrate to get a “Section 10 dismissal.” Getting this conditional release order means you are guilty, but the conviction does not appear on your criminal record.