It is widely known that it is unlawful to use, hold, make or traffic drugs, yet most people will continue to indulge in this forbidden fruit.
Some are driven by the thrill of the unknown, peer pressure, or maybe it is an escape from the responsibilities of everyday life.
Whatever the reason, drug use often leads to severe consequences — for your mental and physical health and relationships. There can be legal consequences too.
If you have been caught committing a drug offence, make sure that you enlist the help of a well-versed drug offence lawyer to help prepare for your day in court.
You have Options
You can take many routes when you appear in court for a drug offence. You can request diversion, prove guilty, or claim innocence.
Admit Your Guilt and Request Diversion
Diversion means that your case gets dealt with differently. Diversion is usually ordered for matters that are not as serious as those that require harsher punishments. You have to agree to some conditions, though.
For instance, you must agree to participate in the Cautious with Cannabis program.
To qualify for diversion, you must take responsibility for the drug offence and agree to everything listed in the statement of alleged facts.
Further, you must inform the magistrate that you know you committed a crime but would like to be considered for diversion.
If the police have not recommended that you undergo diversion, you may request that the matter be heard on another day (adjournment).
A benefit of diversion is that this transgression will not appear on your criminal record.
Acknowledgement of Guilt
If you do not want to fight this case, you can state that you are not guilty. During your case, the prosecutor will read the statement of the alleged facts aloud. The magistrate will declare you guilty and hand out a suitable sanction.
The magistrate will view your acknowledgment of guilt as a gesture of cooperation, and you may be given a less harsh punishment.
State That You Are Not Guilty
You can state that you are not guilty if you believe either of the following:
- You are not guilty of an offence; or
- You disagree with what is contained in the statement of alleged facts.
In this instance, you must inform the prosecutor before your court case that you intend to plead not guilty.
At this point, a summary case conference will be conducted before your hearing. In addition, you need to inform the magistrate if you still intend to plead not guilty after this conference. The magistrate will then postpone your case.
After that, you will go back to court for a contested hearing. The magistrate will consider evidence from you and the police before deciding the outcome. It is important to remember that you must have a valid defence, and it is not enough to state that you did not know that you were committing an offence.
Conclusion
Drug use can impact you in many aspects of life. One wrong choice can have dire consequences.
Make a good choice now and speak to an experienced criminal defence lawyer if you have been charged with a drug offence. We can advise you on how to handle your matter and help guide you towards getting the best possible outcome.
