Sydney Drug Lawyers for Drug Premises charges

Our Sydney Specialist Drug Lawyers are highly experienced leaders in drug law who regularly appear in court and specialise in getting charges dropped early.

Our team of senior lawyers know exactly how to maximise your chances at getting the best possible outcome.

Call us now on (02) 8606 2218 to book a free first consultation with an experienced Drug Defence Lawyer.

Your Options in Court

  • PLEADING NOT GUILTY

    You will be found not guilty to a drug premises charge, unless the police can prove beyond reasonable doubt that:

    • You were found entering, leaving or in the drug premises, or
    • You are the owner or occupier of the drug premises, and allowed the premises to be used as drug premises, or
    • You are the owner or occupier of the drug premises and allowed the premises to be used for this, where you were aware that a child has access to the premises exposing the child to the drugs or equipment used for drugs, or
    • You took part in organising or conducting a drug premises, or
    • You took part in organising or conducting drug premises where you were aware a child has access to the premises exposing the child to the drugs or equipment used for drugs

    Defences to this charge

    You will be found NOT GUILTY to drug premises charges if any of the following apply to you:

    • Premises was not used for drug premises: The police are unable to prove beyond reasonable doubt that the premises was being used to supply or manufacture prohibited drugs.

    If charged with entering, exiting or being on drug premises s36X Crimes Act:

    • You were exiting, entering or in the drug premises for a lawful purpose or with a lawful excuse. For example, you were visiting a friend in the premises.

    If charged with allowing use of premises as drug premises s36Y Crimes Act:

    • You were unaware that the premises was being used as drug premises

    If charged with allowing use of premises as drug premises exposing child:

    • Where you were aware the premises was being used as drug premises:
      • The exposure of the drugs or equipment used for drugs in it did not endanger the child’s health or safety, or
      • The child was not exposed to the drugs or equipment used for drugs, or
      • You were unaware that a child had access to the premises

    If charged with organising drug premises s36Z Crimes Act:

    • You did not know, and could not reasonably be expected to have known that the premises was being organised or conducted as drug premises

    If charged with organising drug premises exposing child:

    • Where you did take part in conducting or organising the drug premises:
      • The exposure of the child to the drugs or equipment did not endanger the child’s health or safety
      • You were unaware that a child had access to the premises
      • The child was not exposed to the drugs or equipment used for drugs

    Speak to one of our leading senior drug lawyers for realistic and practical advice on your best defence, how to strengthen your defence case early, and your chances of success. Our team of senior lawyers are available to talk today for a free first consultation.

    Call us now on (02) 8606 2218.

  • PLEADING GUILTY

    Before pleading guilty to charges of drug premises, speak to one of our Senior Sydney criminal lawyers in a free first consultation on how to prepare you case to getting the best possible outcome in court. The below are important tips and information on how to do this if pleading guilty.

    25% discount on punishment

    Pleading guilty to a drug premises charge early in your case will allow the Judge to lighten your punishment by up to 25% resulting in a much better outcome. The later a plea of guilty is entered, the less discount you will receive. A finding of guilty after defending your charges will result in no discount of this kind, causing a more heavier punishment.

    This is why it is important to get experienced and realistic advice early in your case to maximise your chances at getting the best possible outcome.

    Good character references

    A good character reference is a letter drafted by someone in your life who expresses the fact that you have disclosed your plea of guilty, your embarrassment, remorse, insight and some of the good deeds he or she has personally seen you do. These factors about you give the Judge insight into your otherwise good character and allows for a more lenient punishment.

    Our experienced specialist drug lawyers regularly review and give guidance for drafting good character references before handing them to the Judge. They should be obtained from people who are important in your life who include, an apology letter from you, family, friend, employer or work colleague and charity organisation.

    Negotiate to drop charges

    All charges have potential to being dropped or downgraded. A downgraded charge is a less serious version of the original offence which attracts a lighter punishment and better outcome.

    Our specialist senior lawyers often convince police to drop and downgrade charges by thorough analysis of the police evidence, pointing out all problems and inconsistencies in the evidence, and then using this knowledge to tactfully approach police. This is a specialty our Sydney Drug Lawyers have mastered for over 20 years.

    Negotiate facts

    The Judge will give you a punishment dependant on the facts and circumstances of your offending conduct expressed in the police fact sheet. This is typically drafted by the police officer and can often be more one sided and inaccurate from the truth, putting you in a bad light, often resulting in a heavier punishment.

    Our senior specialist drug lawyers often negotiate the fact sheet to be more accurate to the truth and more importantly, putting you in a better light resulting in a much lighter punishment. This is often achieved by having a very good knowledge of the police evidence and pointing out the inconsistencies in it.

    Psychologist reports

    A psychologist or psychiatrist report can allow the Judge to significantly reduce your punishment if it expresses you suffering a mental condition, your remorse and insight of the offence, and your personal circumstances as an explanation, not excuse.

    Using the best psychologists or psychiatrists in Sydney, known as leaders in the field, with significant experience in court reports can have a powerful effect on the outcome. This is why our team of senior lawyers have carefully selected the most experienced and respected experts of this kind when it comes to reports for their clients.

    Maximum punishment

    Maximum punishment for being involved in organising or allowing your premises to be used as drug premises is a term of imprisonment of up to 12 months or fine of up to $5,500 (or both). The maximum imprisonment term is 14 months or $6,600 (or both) if a child is exposed to it.

    If found to be entering, leaving or being inside a drug premises, the maximum punishment is imprisonment of up to 12 months or fine of up to $5,500.

    These maximum punishments are rarely applied, and only apply to the worst and most serious offenders, often with a large criminal record. Judge’s in fact prefer to avoid sending people to prison, where possible, which is why there alternatives punishments other than prison noted below.

    Types of punishment

    The punishment you get depends on all the above points, but the Judge can give you any one of the following types of punishment:

    1. Section 10. Non conviction.
    2. Fine
    3. Good behaviour bond
    4. Community service order
    5. Suspended sentence
    6. Intensive corrections order
    7. Home detention
    8. Full time prison

    It’s critical to speak to an experienced Sydney Drug Defence Lawyer for accurate and realistic and practical advice as early as possible to maximise your chances at getting the best possible outcome.

    Call us now on (02) 8606 2218 to book a free first consultation with an experienced Drug Defence Lawyer.

FAQ

  • What is drug premises?

    Drug premises is any premises used for manufacturing (extracting, refining), or supplying prohibited drugs.

    It also includes any premises used for doing anything that helps grow prohibited plants inside a building. For example, it includes cannabis plants:

    • Where it’s more than 5 but less than 50 plants cultivated for purpose of selling, or
    • Where it’s not intended for selling, but the number of plants are more than 50

Good Character Reference Guide for Court

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