WHAT DIFFERENCE DOES THE QUANTITY OF THE DRUG MAKE TO MY CASE?

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Even the smallest discrepancy in the alleged quantity of a drug of dependence can make all the difference to your case.  This includes:  where your case will be heard, the likely penalty, whether your home or other personal assets will be confiscated from you, and most importantly, to your future and liberty.  Our criminal lawyers have specific knowledge of the Drugs Poisons and Controlled Substances Act (Vic) 1981, and will examine the case against you with a fine toothcomb, including all telephone intercept and listening device material, forensic evidence such as fingerprints and DNA, and certificates of analysis.  It is crucial that you contact us immediately and we will develop a strategy that best suits your situation.

The quantity of the type of drugs that you have been charged with can impact on the seriousness of the case including:

  • Where your case will be heard:
    1.     Magistrates’ Court,  where your case will be heard by judge alone; or
    2.     County Court, where your case will be heard by judge and jury.
  • The severity of the sentence that is applicable to you if you are found guilty:
    1. The maximum penalty that can be imposed in the Magistrates’ Court cannot exceed 2 years imprisonment; whereas
    2. In the County Court, the maximum penalty can be applied (in some cases this can be life imprisonment).
  • Whether confiscation proceedings/proceeds of crime applications will be made against you:
    Many clients are unaware that the police, both State police and Australian Federal Police, can make an application to restrain and seize your assets.  This is usually your bank accounts and your home, and can also include vehicles and other personal property.  Confiscation proceedings can even be brought about if the person has not been charged with an offence or even if the person has been charged with an offence and acquitted.  There are very strict time limits that apply if you want to challenge any type of confiscation proceedings, so it is vital that you contact our lawyers at Ondrik Larsen Lawyers for a confidential discussion as soon as possible.
  • Your freedom/liberty

Being charged with a drug related offence may result in you being remanded in custody and your freedom taken from you.   At Ondrik Larsen Lawyers, our criminal lawyers are very experienced in applications for bail in some of the most difficult circumstances.  For more information on bail, please click here.

Having a criminal record for a drugs offence will affect your future, whether it be your employment, your ability to travel overseas, and importantly, your freedom, so it’s important that you find the lawyer that is right for you and right for your case.

We are experienced in making successful applications for bail in drug cases, negotiating with prosecutors and with making applications to the courts to keep our clients’ cases in the Magistrates’ Court where this is possible (this is called making an “application for summary jurisdiction”).   To determine whether there is a possibility of having your case kept in the Magistrates’ Court, or to make an application for bail, contact Ondrik Larsen Lawyers for a confidential discussion.

For further information on bail applications, click here.

If you have been spoken to by police about a drug related offence, or have been charged with a drug related offence, click here for information on what to do next.

*IMPORTANT INFORMATION*

It is crucial that you obtain the right legal advice before participating in a police record of interview.  What you say in that interview may see you convicted of a drugs related offence that you otherwise may not be, simply because you are confused, scared, and do not understand your legal rights.  For more information about participating in a police record of interview click here.

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