Drug Lawyers

Drug Lawyers NSW
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Drug Lawyers NSW

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Drug Offences

There are a number of drug offences outlined in the Drug Misuse and Trafficking Act (DMTA). Some of the most common offences are listed below. 

 

Possession of prohibited drugs

Section 10 of the DMTA outlines that any person who has a prohibited drug in his or her possession is guilty of an offence. 

In order to prove this charge, the prosecution must prove beyond reasonable doubt that an individual:

  1. Had a prohibited drug in their possession; and 
  2. They knew the prohibited drug was in their possession or believed the substance in their possession was likely to be a prohibited drug. 

 

There are two different kinds of possession recognised by the law: physical possession and de facto possession. 

As the term implies, physical possession is when the drug is physically in your custody. De facto possession is when the drug is not physically in your custody, but you have control of the drug.  

 

Deemed supply provision

While most people are aware that it is an offence to possess a prohibited drug, many people may not realise that the offence with which you are charged depends on the quantity of the drug in your possession. 

Under section 29 of the DMTA, a person who has in their possession a trafficable quantity of a prohibited drug shall be deemed to have the prohibited drug in their possession for the purpose of supply. 

The weight which constitutes a trafficable quantity varies for each drug. For cocaine and methylamphetamine its 3 grams, for MDMA/ecstasy its 0.75 grams and for cannabis, its 300 grams. 

According to the global drug survey, the average weight of an ecstasy pill is between 0.2 to 0.3 grams. This means that if you have just three pills on you, you may be charged with possessing these drugs for the purpose of supply. 

 

Drug supply 

A person who supplies, or knowingly takes part in, the supply of a prohibited drug is guilty of an offence pursuant to section 25 of the DMTA. 

 

How can I defend myself? 

Being convicted of a drug offence can have serious consequences for an individual. It may result in imprisonment, may affect your employment prospects or jeopardise your chances of securing a visa for travelling overseas. 

 

Need the best drug lawyers?

If you have been with a drug offence it is vital that you seek legal advice. In some cases, it may be possible to avoid being convicted even if there is enough evidence to convict you. An experienced criminal lawyer will be able to get you your best result.

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James Janke has represented me in 2 very different matters. As a result of his representations and advocacy, one issue was withdrawn and the other received the best result possible. In relation to the client, James is a clear communicator, explains all possible outcomes clearly and frankly. In court, James is a talented and respected advocate. I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty.
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Jarrad Tapper
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Highly Recommend! James attention to detail was meticulous and his communication of all possible outcomes etc was exceptional. James secured me a very lenient sentence which honestly blew my expectations.
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Fantastic guys. Super professional, dedicated, understanding and tenacious. Nothing was a problem and they made me feel incredibly comfortable. They both made a hugely stressful situation as easy as it could be. Helped me enormously and achieved a great result. I cannot recommend them enough. Don't bother with anyone else - Drew and James should be the first and only stop if you require representation. Thank you both so much.
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Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend
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I could not be happier with the services I received from my lawyer James Janke. He is extremely efficient and professional. He was responsive to my phone calls and emails and was available to answer any questions I had. I will definitely be using his services in the future if need be. Thanks again James.
Arnold Tammekand
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Drew Hamilton is an extremely professional yet caring lawyer who always gives his all to his clients. He went way above what we expected and we were rewarded with a wonderful just result - would recommend time and time again including his helpful front end staff

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