Whether you are charged with the possess prohibited drug of a small amount, or have in your possession more than the ‘trafficable quantity’ of drugs in your possession, we will effortlessly provide you with the right advice on the best way for you to get a ‘section 10’ and avoid a criminal conviction. If you have more than the trafficable quantity of that particular drug, and have been charged with ‘deemed’ supply, for more information click here.
If you feel that you are ‘not guilty’ of the offence, we will guide you through the various defences you may have in defending a charge of possess prohibited drug.
Plead not guilty:
Did you not know the drugs were there?
Did someone else leave the drugs there without your knowledge?
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You had a prohibited drug in your possession, and
- You knew the prohibited drug was in your possession, or you knew of its likely existence, or you believed that it was a narcotic drug of some kind even if you were unaware of the actual type.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of possess prohibited drug.
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
DO NOT just fill out the “notice of pleading” form and send it to court with a written explanation (as many Police officers advise you can do). You will likely be convicted for the offence and have a criminal conviction on your record!
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.
We have been tremendously successful in having our clients’ charges dismissed in possess prohibited drug charges.
Have a look at the case studies below!
What is the penalty for possess prohibited drug?
The offence of Possessing a prohibited drug carries a maximum penalty of a fine of $2,200.00 and/or 2 years imprisonment. However, Possessing a prohibited drug is an offence that is frequently dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.
Generally, penalties that a court can impose for any criminal offence in NSW are: