Drug Offences

Drug Offence Lawyers Melbourne – (03) 9995 9155 – Fifteen Minute Consultation Available

Have you either been interviewed or charged by police for an alleged drug offence?
Before you speak to police, we strongly recommend that you contact a lawyer to discuss what you say to police. You should review our criminal law FAQs section which provides general advice on arrest and detention.

Police will usually charge you with multiple alternative offences, which is known as ‘loading up’. It is essential that you get legal advice before you comment on the allegations. It is important to know that in Victoria you do not have a right to be legally represented at interview. You have a right to communicate with a legal practitioner, or attempt to communicate with a legal practitioner, that is, to make a telephone call. Sometimes this is not always convenient.

Police will usually say before the interview ‘this is your opportunity to tell your story’. Be wary of this advice! You are under no obligation to make a case against yourself.

What are drug offences?
A ‘drug offence’, is a broad term that encompasses many different offences involving or relating to illegal or controlled substances.

The classification of a drug offence will depend on the many factors including, the class of drug, quantity, quality or intended use of the substances.

Substances commonly involved in drug offence charges include Cannabis, Methamphetamines (Ice), Cocaine, Ketamine, and MDMA (Ecstasy).

The most common types of offences are ‘Possession’, ‘Trafficking’ ‘Cultivation’ and ‘Manufacturing’. These offences can include situations in which drugs are found in your car, or if you are purchasing drugs for a friend.

Drug offences can also involve ‘legal’ drugs, such as prescription medicines and controlled substances, if used or sold for illegal purposes. Importantly, these offences can involve punishments just as severe as those in relation to illicit drugs.

If you contact us, we can explain the complexities of drug offences, and help you understand the nature of your charges.

The severity of drug offences can vary depending on the type of offence.

Some charges can be relatively minor, such as possession of a small quantity of an illegal drug like marijuana. This charge may result in a diversion or a warning, without a conviction being recorded.

However, more severe charges can carry a maximum penalty of life imprisonment, such as trafficking a large commercial quantity of a drug of dependence.

The penalty imposed will vary depending on the circumstances of the case, including any prior convictions of the person charged.

Given the seriousness of these offences, expert legal advice is especially important.

Your Defence?
If you have been charged with a drug offence it is highly recommended that you seek expert legal advice as soon as possible.

There are a number of defences available if you are charged with possession. These include state of mind defences, that is, it can be necessary to obtain evidence to rebut the ‘deeming’ provisions of the Drugs Poisons and Controlled Substances Act. It may be necessary to speak with witnesses at an early point to prepare your defence.

Proper preparation of your defence may lead to the charges being dropped or downgraded. For example, your charge may be reduced from ‘trafficking’ to ‘possession’.

Furthermore, if you plead or are found guilty, a criminal defence lawyer will help to minimise the penalty that the court imposes. This could be the difference between a term of imprisonment and a fine without conviction.

If you seek further information, we offer a no obligation consultation to discuss any drug offence charges.

How RSA can assist? / contact us now
If you would like to speak to a drug offence lawyer in Northcote, Brunswick, Fitzroy, Kew, the Melbourne CBD or the surrounding areas, then call or email us. We offer a no obligation consultation if you are charged, or likely to be charged with any drug offence.

Call (03) 9995 9155 today.