Drug Charge Lawyers Brisbane & Gold Coast
What are Drug Offences?
Drug offences can include:
- Minor possession offences of cannabis or party type drugs;
- Possession of relevant utensils and property used in the commission of a drug offence;
- Supplying drugs to other people;
- Large scale possession offending;
- Selling, supplying and receiving drugs from others or being involved in the business of buying and selling drugs which is an offence of trafficking;
- Moving drugs into correctional environments;
- Importation of drugs into Australia.
Drug Charges in Brisbane & Gold Coast
This category of offences includes many types and it really depends upon which offence or offences you have been charged.
For example, if you’ve been charged with possession of a small amount of pot, it is obviously significantly less serious than hauling drugs into the country in your yacht. But, then again, if this is your fourth or fifth time of possessing pot, then it’s getting a little more serious.
How hot the water you’re in can only be measured by giving us a call. But sooner rather than later because these types of matters can get out of control.
So, You Want To Understand The Law?
Drug Offences are under a piece of legislation called the Drugs Misuse Act. It’s a massive piece of law, hundreds of pages. You can read it all here if you wish:
A drug charge usually starts and ends with Queensland Police searching you, your property or your premises. In our experience, at times these searches are carried out unlawfully. It’s important in this respect that the search has been carried out in accordance with a search warrant or complies with circumstances below that allows Queensland Police to search.
- To arrest a person located at your house;
- To prevent evidence they reasonably believe may be destroyed or concealed if an urgent search is not carried out;
- To prevent domestic violence against a person;
- To investigate certain traffic offences, such as drug or drink driving;
- To locate a person who has escaped arrest or custody; and
- To reach a crime scene.
If a search has been carried and is not compliant with the above requirements, then you should seek our intervention immediately.
Was the Search Lawful?
A common question that is often asked. Here’s the answer. If the Police are wanting to search you or your property for drugs without a warrant it needs to be in the following circumstances or with a warrant if there is no warrant and if none of the below fit your circumstance, you should politely refuse:
- to hand over or serve a legal document;
- in urgent circumstances, such as when a person has been seriously injured or is about to be harmed;
- to investigate a traffic offence, e.g. to take a breath test for alcohol;
- to catch someone who has escaped from prison or from being arrested
- to search for evidence if they reasonably suspect it may otherwise be hidden or destroyed
- to arrest someone
- to reach a crime scene
- to detain someone under an anti-terrorism ‘preventative detention order’
- if they reasonably believe that the person they’re looking for is on your property.
Now, if the police have a warrant that allows them to enter your home, make sure you see it. You also need to make sure you are given a copy of the warrant.
Whether or not the search has been conducted or not, it’s important that you seek legal advice as soon as possible. Seeking advice early can minimise the risk of charges becoming more serious.
Penalties for Drug Offences
A very tough question, because we don’t know your circumstances unless you tell us. You can do so here. Contact our criminal lawyers Brisbane.
But basically, for charges under the relevant legislation you can be looking at anything from merely a fine to participating in a drug diversion program right through to spending longer than you would like in the big house.
Am I in Hot Water?
Drug Charges Are Very, Very Broad.
Take a photo of your charge sheet and upload and we will give you a call back.