It is widely known that it is unlawful to use, hold, make or traffic drugs, yet many 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 your 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.
Understanding the Type of Charge You Are Facing
Not all drug charges are treated the same way in Victoria. At a general level, the law distinguishes between using a drug, possessing a drug, cultivating a drug such as cannabis, and trafficking, which covers selling or supplying drugs to others. Possession and use sit at the less serious end of the scale, while trafficking and cultivation are treated far more seriously. The charge you are facing shapes everything that follows, including whether diversion is realistic, so it is the first thing a lawyer will clarify for you.
Drug driving is a separate category again, with its own testing procedures and licence consequences. If your matter involves a roadside test, read up on which drugs a roadside drug test can detect and what you need to know about drug driving charges. Experienced drug offence lawyers in Melbourne handle both categories of charge.
You Have Options
You can take many routes when you appear in court for a drug offence. You can request diversion, plead guilty, or contest the charge.
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.
This is also where early legal advice matters. Diversion generally needs the prosecution to agree, and that conversation is far easier to have before your first court date than on the morning of the hearing. A lawyer can contact the police informant early and help you gather supporting material such as an apology letter, evidence of counselling and character references.
Acknowledgement of Guilt
If you do not want to fight this case, you can state that you are 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.
What Happens at Your First Court Date
For most drug matters, your first court date is called a mention hearing at the Magistrates' Court. Stressful as it feels, a mention is largely administrative. The court wants to know how you intend to deal with the charge: plead guilty, ask for diversion, seek an adjournment to get legal advice, or contest the matter. You will not be expected to argue your whole case that day, and a plea entered in haste can be very difficult to undo, so do not let the pressure of the moment rush your decision.
What a Lawyer Does With the Prosecution Brief
Before advising you, a lawyer will review the material the police rely on, often called the brief of evidence. This includes the charge sheets, the summary of alleged facts, witness statements, and details of how any drugs were found and seized. That review answers the questions that decide your case. Was the search lawful? Does the evidence support the charge laid, or a less serious one? Is the summary of facts accurate? Even in a guilty plea, negotiating corrections to the summary of facts can change how the magistrate views your conduct.
Common Mistakes People Make Representing Themselves
The same mistakes come up again and again with self-represented people. They plead guilty without reading the brief. They accept a summary of facts that is worse than what actually happened. They fail to ask about diversion. And they underestimate the flow-on effects of a criminal record on employment, travel and professional licences.
A drug charge can also affect parenting arrangements, something we cover in our article on parenting issues and when you need a drug offence lawyer.
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.
