Being accused of drug charges is a severe offence in Sydney and New South Wales, leading to hefty fines and imprisonment. If you have been charged with possessing, consuming, importing, or cultivating any drug, you are liable to be prosecuted by the government.
The best option in such cases is to contact criminal lawyers Sydney as soon as possible. Sydney takes its drug laws seriously, and for good reasons. According to data released by the National Drug and Alcohol Research Centre, the city recorded 15 doses of cocaine per 1000 people on any given day.
In doing so, Sydney leaves behind Melbourne, Brisbane, and Canberra regarding drug consumption. However, even if people are arrested on such charges, they are entitled to some rights as citizens. Knowing those rights and contacting your lawyer immediately after your arrest is essential.
But how can a lawyer help one, and is bail an option in such cases? What information will help one in such cases? Get the answers to these questions below.
How does Sydney define illegal drugs?
Most charges in Sydney and New South Wales fall under the Drug Misuse and Trafficking Act 1985, with the Commonwealth Criminal Code dealing with offences related to importing and exporting such items.
The 1985 Act identifies various drugs, including heroin, cannabis, amphetamines, ecstasy, LSD, and methadone, as prohibited, making it illegal to use, possess, supply, cultivate, manufacture, or keep them.
The Commonwealth Criminal Code is a Federal Law applicable to all the States and Territories in Australia (including the city of Sydney). Its objective is to prevent the import and export of such prohibited items.
What should the prosecution prove?
Prosecution refers to the party who brought the charges against a person (in this case, the police or governmental bodies). Possessing a banned substance is a crime under Section 10 of the Drug Misuse and Trafficking Act 1985.
However, to prove one is guilty, the prosecution should show that the victim had custody of the substance and was aware of its being illegal. However, if a person had these products in their house but was unaware of them, they are not guilty.
How can a lawyer help the victim?
A good lawyer in Townsville will try to secure bail, depending on the circumstances of your arrest. The Bail Act 2013 of New South Wales Legislation deals with specific rules and regulations.
When the police grant the victim bail, they might release the person unconditionally or release them on the condition to attend a court hearing. The victim’s lawyer will handle the bail application process, including applying for bail from the police, the magistrate in the Local Court, the District Court judge, and the Supreme Court justice.
Besides providing expert legal advice, the attorney will seek the best outcome during the bail hearings. During the mention (a kind of hearing), the lawyer will consider various factors outlined in Section 18 of the Bail Act 2013, like the victim’s criminal history, community ties, if they have a recorded history of violence, and whether they are a member of unlawful associations.
Why should you choose an experienced lawyer?
You must choose an experienced attorney because, in most cases, the law provides you with a single opportunity to apply for bail. Further, if the Local and District Courts in Sydney deny your application, your legal representative will make an application to the Supreme Court.
The application process is more rigorous in the Supreme Court, requiring further evidence and a lengthy waiting period. But things will be manageable with your attorney by your side.
You should contact experienced criminal lawyers in Sydney if the police have arrested you on drug charges. Your lawyer will file a bail application and help you throughout the process, ensuring your rights are protected, and you receive the best protection.