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Drug Charges

Oct 19
drinking while driving

Drug Driving: Could YOU Be Caught Out 

By Criminal Law, General News, Major Criminal Law

The number of drivers being charged with drug driving is on the rise.

Queensland Police have carried out a number of ‘blitzes’ and advertising campaigns designed to educate the driving public. Most people are now aware that roadside saliva tests can be carried out by police in the same way as an alcohol breath test. What is less well known is what substances the tests will identify, and what is considered an illicit drug.

1. Saliva Samples Don’t Test for Everything…Yet

At the moment, the saliva sample will test for known active ingredients in certain drugs –

  • Methylamphetamine – Speed or ice
  • MDMA—Active ingredient in ecstasy
  • THC—Active ingredient in cannabis

Of course, this test is always being improved, and it’s unsafe to assume that other drugs won’t be identifiable through a saliva sample in the near future. There may also be other tests introduced to broaden the number of testable substances.

2. Driving Under the Influence of Prescription Drugs

The Queensland Government warns members of the public not to drive under the influence of ANY substance – including some prescription medications.  It’s important to read the warnings associated with your medications and to take them seriously. Importantly, if you are pulled over by the police, and they ask about your prescription medication then do not make any statement that may incriminate you. The police may rely on your admission at a later date.

3. Breath Test Rules Apply to the Saliva Test

The rumour that you are not legally obligated to provide a saliva sample for drug testing is simply not true. In fact, failing to do so will – in all likelihood – make things much worse for you. Failing to provide a sample will result in you being fined and potentially imprisoned. You may also be charged with driving under the influence of drugs, despite no sample being present.

Drug driving charges are serious; in that, they may come with other drugs charges attached, such as possession, or worse.

If you are charged with any drug offence, ask to speak with a lawyer as soon as possible and contact criminal lawyers Brisban and Gold Coast criminal lawyers at Hannay Criminal Defence HERE.

Oct 12
caught in possession of illegal substance

Possessing Dangerous Drugs – What You Need to Know 

By Criminal Law, Major Criminal Law

Possessing Dangerous Drugs – What You Need to Know

Drug possession laws have been designed, over time, to remove any potential loopholes. They are intentionally broad and include a significant amount of leeway, allowing law enforcement officials to make assumptions when building a case against you.  Of course, the following article is generic advice only and does not take your personal circumstances into consideration. If you require legal assistance, please contact us directly.

Here are just a few things you need to know about the possession of dangerous drugs, and the related laws:

1. Possession Means “Control” and “Knowledge”

In court, the onus will be on the prosecution to prove that you had knowledge of a dangerous drug, and that you also had control of it. Where many defendants get confused is the definition of control. For example, the drug does not need to be on your person in order for control to be proven. Nor does it need to be in your primary residence, or personal motor vehicle. According to the law, control simply means that you have the ability to gain physical access to it.

Dangerous Drugs are Broadly Defined

While you are probably aware that dangerous drugs are, “graded,” for their severity, the law has been tailored to accommodate for drugs that don’t fall into any of the existing categories. For example, if you are found to be in possession of a drug that has a similar chemical makeup, effect, or other pharmacological similarities, then it can still be defined as a dangerous drug. In other words, don’t think that just because the type of drug you are in possession of isn’t a chemical match for any of the drugs that exist on the list, that you won’t be convicted of a crime.

There are Defences Open to You

The law is not one-dimensional, and there are opportunities for you to defend yourself. This may include proving that the drug was not, in fact, dangerous, or that you were forced to possess the substance against your will. You may also be able to take the approach that you weren’t aware that the substance you were in possession of was dangerous.

At Hannay Criminal Defence, we have extensive experience in drug and banned substance cases.

To talk to one of our team about your case and the avenues open to you, please contact our Brisbane criminal lawyers.

Jul 27
lady justice

Finding the Best Criminal Lawyer for You

By Criminal Law

When it comes to hiring a criminal lawyer, there is no shortage of options.

A quick search on Google will yield hundreds of results in your local area, and many more nationally, all claiming to be the very best criminal lawyers in the country. So how do you select the right criminal lawyer for you?

  1. Specific Experience

Criminal law is a broad discipline. In fact, attempting to name all the crimes in existence and their variants would be an enormous task. When seeking a Brisbane criminal lawyers, look for someone who has specific and meaningful experience in the area of expertise you require. Ask if they have taken on cases like yours before, and what they see as the key to success in your particular scenario. “Experienced in criminal law,” is far too generalistic, you are seeking someone who understands the specifics of your particular case.

  1. Flexibility and Maturity

Some lawyers are eager to get to court; their speciality may be in litigation or they may enjoy the limelight. Likewise, some lawyers will avoid court at all costs, given the option. Seek out a lawyer who will look at a case, and all the possibilities, and make decisions based on their merits. Perhaps there are more options available to you than going to court and arguing your case. A lawyer with flexibility and understanding will seek out the best possible avenue, rather than have a one-track mind.

  1. Local Knowledge

The very best criminal lawyer with specific experience and an eagerness to get you the best possible outcome may still not be the right person for the job. Do they know the judges? Do they have an understanding of local law? This is especially important in Australia, where different states have different laws, and local lawyers have a knowledge of local judges.

Local knowledge can be the difference between a good result and a disastrous one.

  1. Trust

Your lawyer must be someone you trust. In criminal cases you are going to have to be open and honest with them, talk about uncomfortable scenarios and potentially put your freedom in their hands. Make sure that when you sit down with your lawyer, you feel comfortable talking to them and that they are someone who you could work with. Ask about the case, talk about their approach and experience, and decide whether they are the right person for you.

A good Gold Coast criminal lawyers is someone who can put you in the best position to get a good result. Don’t gamble with your freedom and make the effort to find that person and have them in your corner.

Jul 18
oxycodone

Your Rights When Charged with a Drug Offence

By Criminal Law

If you’ve been charged with a drug offence it’s important to understand your rights and obligations. As always, remember that the following points are generic and haven’t taken your situation into account. To talk in more detail, phone us on (07) 3063 9799 or email us here.

Don’t Say Anything Without a Lawyer

Queensland and Australian drug law is intricate and complicated. The police who have arrested you understand the law, and will use any comments you make against you. For example, there is a big difference between possession and ownership – just because you are in possession of a drug doesn’t mean that you necessarily own it. A good example of this is if your house is searched, drugs are discovered and you live with multiple people.

A foolish comment can have a massive impact on your case. Say nothing, do as you’re told and call your lawyer.

Searches

The police are allowed to search you if they reasonably suspect that you are in possession of drugs or drug paraphernalia. Searches are the one time when you should speak up and make sure you are understood. Explain to the police that you do not give consent in any way to being searched, and ask for written evidence that they understand this. The police are obligated to demonstrate the reasons that they reasonably suspected you were in possession of drugs or drug related products prior to search, unless you voluntarily give permission. “Do you mind if we search you?” Is not just a throwaway comment, it’s a way for the police to gain permission as, to a certain extent, it does away with the police’s obligation to prove reasonable suspicion.

Possession of Drug Paraphernalia

If police have found you in possession of drug paraphernalia, don’t admit to anything else. While they have the right to charge you for possession of a bong or pipe, they may not be arresting you for drug use or possession. Don’t try and be clever, because every comment you make will be used against you by police.

Drug Driving

The police are able to randomly drug test drivers, and you are obligated to complete the test. Even if you haven’t taken drugs for days, it could still show up on the test. Remember that following the test, the police will ask you when you took drugs – tell them you have nothing more to say and ask to speak to your drug driving lawyer.

Just Chatting

If you’ve been arrested and are driving back to the station, the police may use the ride as an opportunity to get more information out of you. Just because the conversation seems relaxed and friendly, doesn’t mean whatever you say is off the record. Nothing, as far as the police are concerned, is off the record. You are under no obligation to maintain a conversation with a police officer, or to say anything until you have adequate legal representation. This isn’t being rude, it’s a practical reality.

Drug laws are intentionally broad and have been designed with the police, not the offender, in mind. A good example of this is the fact that drug trafficking can involve a single customer and multiple transactions, without any currency exchanging hands. Keep this in mind when dealing with police, and don’t assume to know anything. It only takes one comment to change the nature of your charges, and a single slipup can cost you years in prison.

Contact our Gold Coast criminal lawyers today for more information.

Jun 07
Drug Charges Solicitors Brisbane & Gold coast

Drug Charges and What You Need to Know

By Criminal Law

Drug laws in Australia are both strict and complicated.

Numerous legislative changes have meant that it is difficult to write a set of specific guidelines without an understanding of individual circumstances. Therefore, we believe the most important recommendation you can receive is to seek qualified legal advice.

Having said that, here are some points you should be aware of:

  1. Any Quantity is Illegal

In Queensland, it is against the law to possess an illegal drug in any quantity. This is important because saying, “but it was only…” could be seen as more of an admission than a defence. However, if you meet a certain criteria – minor charge, good criminal record, etc – then you may be eligible for drug diversion. This means that you will be released on a good behaviour bond, with certain conditions in place. You can expect to attend some form of rehabilitation and may be required to make yourself available for drug testing.

  1. You May Not Get a Criminal Conviction

This is entirely at the discretion of the court, but there may be an opportunity to maintain your clean record. Importantly, just as will diversion, there is no guarantee of this being an option, and if you have multiple drug offences, a criminal conviction is more likely.

  1. Don’t Try to Work Around the Law

As mentioned, drug legislation is incredibly complex and has been designed to be robust. For example, you can be charged with possession if you have knowledge and control of the drug; meaning that you don’t necessarily have to have it on you to be charged.

The most important thing is not to make assumptions – your lawyer knows what to say, and what could be potentially incriminating.

  1. Know What You’re Being Charged With

It’s important to speak to a lawyer in order to gain an understanding of the specific charges against you. There is a massive difference between being charged with possession of a drug, and being charged with supplying dangerous drugs. In both cases, definitions are intentionally broad enough to ensure there are no gaps in the law. The role of your lawyer is to understand what constitutes a viable defence and to build a strategy based on that.

  1. Intention Matters More Than Action

The law is so broad that it may not even matter if you never supplied drugs to anyone, just that you had the intention of doing so. To take that one step further, you could potentially be charged with supply or possession if you had what you believed to be drugs, and intended to sell them, despite the fact that what you thought were drugs, were not.

Understand that our drug laws have been created by people who understand the types of defences that will be presented to work around the law. If you are arrested and feel the inclination to say something to the police or anyone else, remember that it may be used as an admission of guilt in court, rather than an intelligent defence. Your first call should be to your lawyer, and until they arrive, it may be wise if you politely decline to answer any questions.

If you would like to learn more and speak with our Gold Coast Lawyers at Hannay Criminal Defence please click here.

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