Drug Defence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with a drug offence (whether it involves possession, supply, or manufacture) is a high stakes situation that carries the risk of a permanent criminal record, significant fines, and potential imprisonment. If you are facing allegations involving prohibited substances, securing a specialist drug lawyer is the most critical step in protecting your rights and your future.

At Douglass & Ford, we understand that drug matters often involve complex legal issues, from the legality of a police search to the weight of the substance in question. With over 20 years of combined experience, our drug defence lawyers provide clear, affordable advice and a rigorous defence. We work quickly to examine the police brief, identify procedural errors, and ensure you receive a fair hearing.

How our drug defence lawyers can help you

We understand that being charged with a criminal offence is an intimidating experience. Our priority is to protect your future through:

• Challenging Search Legality: We meticulously review police procedures to determine if a search was conducted unlawfully. If police lacked “reasonable suspicion,” we can argue to have the evidence excluded and charges dismissed.
• Analysing the Evidence: We check for forensic inconsistencies, such as the purity or weight of the prohibited substance, which can significantly impact the severity of the charge.
• Strategic Negotiations: We often negotiate with the prosecution to have charges downgraded (for example, from “Supply” to “Possession”) or dropped entirely where the evidence is insufficient.
• Securing Non-Convictions: For minor matters or first-time offenders, we have a proven track record of arguing for Section 10 non-convictions, helping you avoid a criminal record.
• Avoiding Imprisonment: For serious supply or manufacture allegations, we focus on intensive sentencing submissions, highlighting rehabilitation efforts to argue for community-based orders rather than custodial sentences.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, ensuring high quality legal help is accessible for all.

What constitutes a drug charge?

In New South Wales, drug offences fall under the Drug Misuse and Trafficking Act 1985. To be found guilty, the prosecution must generally prove:

• The substance was a prohibited drug.
• You had possession (knowledge and control) or were involved in the supply or manufacture.
• The act was intentional.

Types of penalties for drug offences

If you are found guilty or plead guilty, the court may impose several types of penalties:

• Section 10 (Non-Conviction): The court finds you guilty but chooses not to record a conviction. You avoid a criminal record.
• Fines: Monetary penalties based on the quantity of the drug and the nature of the offence.
• Community Correction Order (CCO): A community-based sentence that may include supervision and mandatory drug rehabilitation or counselling.
• Intensive Correction Order (ICO): A custodial sentence served in the community under strict conditions like curfews or community work.
• Full-Time Imprisonment: Reserved for serious supply, commercial quantities, or repeat offenders.

Factors the court considers for drug offences

When sentencing, the Magistrate or Judge will look at specific details, including:

• The Quantity: Was it a small, “traffickable,” or “commercial” quantity?
• The Nature of the Offence: Was it for personal use (possession) or for profit (supply)?
• Rehabilitation: Have you sought treatment or attended a drug education program?
• Your Character: Do you have a history of good character and clean prior record?

Common types of drug charges

• Possession of a Prohibited Drug: Having a prohibited substance on your person, in your car, or in your home.
• Supply Prohibited Drug: Including selling, giving away, or even offering to supply.
• Deemed Supply: If you possess more than a “traffickable quantity,” the law presumes you intended to supply it unless you can prove otherwise.
• Cultivation and Manufacture: Growing prohibited plants (like cannabis) or being involved in the chemical process of making drugs (like MDMA or Ice).
• Drug Driving: Operating a vehicle with illicit substances in your system.

Legal defences to drug charges

You may successfully defend a drug charge if one of the following applies:

• Unlawful Search: The police did not have a legal right to search you or your property.
• Lack of Knowledge: You were unaware the drugs were in your possession (for instance, they belonged to someone else in a shared house).
• Duress: You were forced to possess or supply drugs under threat of serious harm.
• Medical Necessity: In very limited circumstances, the substance was required for a documented medical emergency.

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district