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If you are facing drug offence charges, working with a lawyer who is skilled in this area can have a direct impact on the level of charge you face and the severity of the sentence that is handed down. There is a vast difference between being charged with possession compared to trafficking, and the knowledge and expertise of your lawyer can play a critical part in determining the charges and penalties you ultimately face.
As a criminal defence barrister with over 50 years of experience, Ian Crisp can help you achieve the best outcome available to you in your unique circumstances.
Minor vs. Serious Drug Offences
Drug offences will be heard in either the Magistrates’, County, or Supreme Court depending on their severity. The Magistrates’ Court deals with minor offences, such as the possession of small quantities for personal use. In contrast, more serious offences like trafficking, cultivation, or manufacture are heard in the County and Supreme Courts.
The outcomes and sentences of drug offence cases differ greatly depending on the type and severity of the charge. Engaging an expert who understands this process intimately could, in the right circumstances, lead to charges being reduced or withdrawn entirely. Alternatively, it may be possible to secure a place in a drug diversion program rather than a court appearance and formal conviction.
Police Interviews and Asset Confiscation
As with any criminal charge, it is in your best interests to seek legal advice about your options before you go on the record in a police interview. While in some cases it is best to decline to comment, a lawyer can also advise you on whether it is a good opportunity to tell your story and present your defence in full.
Another important factor to be aware of is that if you plead guilty to certain trafficking charges, your personal assets may be confiscated or placed under a restraining order. This is another example of why talking to an expert drug offence lawyer as early as possible can dramatically impact the direction and outcome of your case.
Common Drug Offences in Victoria
There is a wide range of drug offence charges that may apply, many of which are related to the following areas:
- Cultivation: The growing or harvesting of a drug.
- Manufacture: The production of illicit drugs.
- Possession: Being found with an illegal drug in your possession.
- Supply: The act of supplying a drug to another person.
- Trafficking: The commercial dealing of illicit drugs, which is considered a very serious offence.
- Importation: Bringing illicit drugs into the country.
- Use: Using or consuming an illicit drug.
How Ian Crisp Can Help
Navigating drug charges can be complex and intimidating, with serious consequences for your future. With over 50 years of experience in criminal law, Ian Crisp can provide you with:
- Personal representation throughout every stage of your case.
- Strategic advice tailored to your specific charge and circumstances.
- Skilled advocacy to help you achieve a favourable outcome.
- Expert guidance on navigating police interviews and asset orders.
Contact Ian today for a confidential consultation.
Frequently Asked Questions – Drug Offences
The main difference is intent. Possession refers to holding a drug for personal use, while trafficking involves an intent to sell or distribute it. Trafficking is a much more serious offence with far greater penalties.
A drug diversion program is an alternative to a formal court appearance and conviction. It is available for certain minor offences and allows the offender to undertake a rehabilitation program and avoid a criminal record.
Your case will be heard in a Magistrates’, County, or Supreme Court depending on the severity of the charge. Minor offences are heard in the Magistrates’ Court, while serious trafficking charges are heard in the higher courts.
Yes. If you are charged with a serious drug offence, particularly a trafficking offence, the police may seek to confiscate assets or have them placed under a restraining order.
You should always seek legal advice before speaking to the police. A lawyer can advise you on your rights and help you decide whether it is in your best interest to answer questions or remain silent.
A specialist lawyer understands the nuances of drug law, including the difference between charges, the various legal defences, and the options for alternative outcomes like diversion programs. Their expertise can significantly impact the final result of your case.