It can be a difficult situation to handle if you are caught in possession of drugs. The Australian government is quite flexible when it comes to handling such matters, but it does depend on the severity of the case and exactly what the situation is. For instance, ‘possession’ can relate to a few different things. It could mean that you are involved in the supply of a drug, you are involved in drug manufacture, or you could have been caught with an illegal substance on you. Here is what you need to do to handle this situation.
Quantity
One of the most important things is the quantity that you are caught with. There are certain quantities that are permitted by law. For instance, having possession of 100 grams of cannabis will generally not land you in any trouble. The issue arises when you have more than the permitted quantities. Ideally, you should only carry the amount you are legally allowed to carry. If you are caught with more than this amount, then legal action can be taken against you.
Court Notice
The first thing to happen is that you will get a court notice. This notice is to tell you that you need to appear before a relevant court on a given date at a certain time and the specific crime that you are being charged for. The best strategy is to have drug possession lawyers in Sydney accompany you to this court hearing. Even though you might not be sentenced or have to face any serious legal consequences, having a legal representative by your side will always be helpful. Your legal representative can help you through any issues you have in this hearing to ensure you don’t have to face any serious charges.
Penalty Notice
The NSW has also introduced a Penalty Notice Scheme. Under these schemes, the police or the government are allowed to let a first-time offender off with just a fine rather than a sentence of jail time. If you are caught in possession of a small number of drugs, you might be let off with just a $200 fine. However, this is for minor offenses.
If the drug possession limit is 300 grams and you have 310 grams, this would be a minor offense. Having significantly more than the permitted amount will disqualify you from this scheme. The police also have the authority even to waive this fine. If you can be cooperative and pleasant and win the officers’ trust, you may not even have to pay this fine.
There are certain situations where it can be harder to get off with just a notice and where there is a higher chance of you being charged with a crime. If you happen to be in a situation that the police think could be part of a bigger scheme, they might not let you go that easily. In such situations, the problem will escalate into a proper legal case, and then you will need to go to court to either plead not guilty or face the drug offense charges. Even at this stage, having a lawyer will help because they can help you get out of the situation by proving your position in the case. When hiring a lawyer, make sure you get someone who is an expert in this field and has the right experience.