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Possession of Drug of Dependence
Expert criminal defence for drug possession charges. Our experienced lawyers can help you understand your options and build a strong defence strategy.
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Elements of the offence
If you have been charged with posessing drugs, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
A charge of possession of drug of dependence contains the following elements to be proven to be successful:
A charge of possession of drug of dependence contains the following elements to be proven to be successful:
1. The accused had possession of a drug of dependence;
2. The drug was a substance listed as a drug of dependence under the Drugs, Poisons and Controlled Substances Act 1981 (Vic); and
3. The accused knew or ought to have known they possessed the drug.
Will I have to go to court?
Possession charges are typically heard in the Magistrates' Court, though more serious cases may be heard in the County Court.
Once the case goes to court, it is up to the prosecution to prove all elements of the offence. It is important that you seek expert legal advice in building a defence as the circumstances of the events that led to the charge can assist in a strong defence argument.
Maximum Penalty
The maximum penalty for simple possession varies depending on the drug type, ranging from 2 to 10 years imprisonment.
What sentences are usually given?
Sentencing depends on factors such as the quantity, type of drug, whether it was for personal use, and any prior criminal history. First-time offenders may receive non-custodial sentences.
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.
Defence strategies
Lack of Knowledge
Establish that you did not know the substance was present or was a drug
Lack of Possession
Challenge whether you actually had possession or control of the drug
Search & Seizure Issues
Challenge whether the search was lawful and evidence properly obtained
Procedural Defects
Identify any breaches in police procedure or rights violations
Mitigation
Present compelling mitigation factors to reduce sentence severity
Mistaken Identity
Challenge whether the accused was actually the person involved in the alleged offence.
Why Clients Choose Emma Turnbull Lawyers for Drug Offences?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Facing Drug Possession Charges?
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