What's happening?
Drug possession charges arise where a person is alleged to have had a prohibited drug in their custody or control, whether on their person, in their belongings, or in a place they occupy. The circumstances of detection, such as a search following a traffic stop or at a licensed venue, can raise important questions about how the evidence was obtained.
The way a possession matter is dealt with often depends on the type and quantity of drug involved, whether there is any suggestion of supply, and whether the person has prior matters of a similar nature. Diversionary options are sometimes available for less serious matters.
What could it mean for me?
- A possession charge can lead to a criminal record, which may affect employment and travel.
- The quantity involved can affect whether the charge is treated as simple possession or something more serious such as deemed supply.
- Some possession matters may be eligible for diversionary programs rather than a formal conviction.
- The circumstances of any search may be relevant to whether the evidence can be relied on.
- A drug conviction can have specific consequences for certain licences and occupations.
What are my options?
- Seeking a caution, diversion, or other non-conviction outcome where eligible.
- Contesting the charge where the legality of a search or the identification of the substance is in question.
- Pleading guilty and presenting mitigating material, including any steps taken to address underlying issues.
- Addressing quantity issues where they affect the classification of the charge.
- Seeking treatment-focused options where relevant to the circumstances of the offending.
What happens next?
- Avoid discussing the circumstances of the search or the substance with police without advice.
- Keep any documentation relevant to the search or seizure, such as a copy of the notice given.
- Attend your first court date and review the police brief once available.
- Discuss with your lawyer whether a diversionary or treatment-based option may be available.
- Consider gathering references or evidence of personal circumstances relevant to sentencing.
How can MGE Lawyers help?
We advise clients on the specific charge laid, the classification of the substance and quantity involved, and whether the circumstances of the search raise any issues worth pursuing. We also explore whether a diversionary or non-conviction outcome may be realistic in your matter.
Where a matter proceeds to sentencing, we help prepare material that reflects your individual circumstances, which can be an important part of the court's approach to penalty.