At Australian Criminal Law Group, our award-winning team of criminal lawyers represents clients across NSW in a wide range of drug-related matters, from simple drug possession charges to allegations involving drug supply and more serious offences. If you have been charged with a drug offence, having an experienced criminal lawyer on your side can make a significant difference.
We understand that every drug offence is different. The circumstances in which the drugs were allegedly found, the evidence relied upon by police and the specific charge you are facing can all affect the outcome of your case. Being charged with a drug offence does not necessarily mean you will be convicted, and our lawyers can carefully assess the allegations and evidence against you to determine the best way to respond.
Our experienced drug offence lawyers can advise you throughout the process, including dealing with police, defending the charge, negotiating with the prosecution and seeking a more favourable outcome where appropriate.
Our expert criminal lawyers for drug offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence.
You will be represented by a team of criminal lawyers with 500+ five-star Google reviews who offer fixed fees and free first consultations.
You can read our reviews here.
What to do if you are being investigated for a drug offence
There are typically three approaches that the police may adopt when there is a drug offence allegation against you. These include:
- Investigate you before making contact, including conducting surveillance, executing search warrants, monitoring communications where authorised, or gathering evidence from witnesses and other sources.
- Contact you and request that you attend a police station for questioning or an interview.
- Arrest you, where police have lawful grounds to do so, and proceed with charging and court proceedings.
Seek legal advice immediately
If you are contacted by police in relation to a drug offence, it is important to obtain legal advice as soon as possible. This applies whether you have been asked to attend a police station, arrested, or are simply being investigated. Speaking with our team of criminal lawyers early can help you understand your rights and avoid making decisions that could negatively affect your case.
Drug offence investigations can involve complex evidence, including searches, surveillance, statements and forensic evidence. Anything you say to the police may become part of the prosecution’s case, so it is important to understand your position before agreeing to an interview or providing information.
An experienced criminal lawyer at Australian Criminal Law Group can assess the circumstances of your matter, advise you on how to respond to the police and develop a strategy based on the available evidence. Where appropriate, your lawyer may also negotiate with police or the prosecution to have charges withdrawn, reduced or dealt with in a more favourable way.
Practice your right to silence
Anything you say during a police investigation may be recorded and later relied upon as evidence. Police may also use interviews, statements, searches and other investigative techniques to build a case against you. Even an innocent explanation can sometimes be misunderstood or taken out of context.
You have legal rights when dealing with police, and one of our experienced criminal lawyers can advise you about those rights before you make any decisions. Rather than trying to explain the situation yourself, get legal advice and allow your lawyer to communicate with the police on your behalf where appropriate.
Do not talk about your case with others
People other than your criminal lawyer may be required to give evidence in court about conversations they have had with you. If you discuss the circumstances of a drug offence with friends, family, colleagues or other people, those conversations may potentially become relevant to the police investigation or prosecution case.
It is understandable that you may want to explain your side of the story to people you trust. However, doing so can create unnecessary risks. What you tell someone may later be repeated to the police, and differences between what you originally said and what is later remembered could potentially be used against you.
Answer your criminal lawyer’s questions
To give you the strongest possible defence, your criminal lawyer needs to have a complete and accurate understanding of your circumstances. Be open and honest with your lawyer and answer their questions truthfully, even if you believe certain information may be unhelpful or embarrassing. Keeping your lawyer fully informed allows them to properly assess the evidence, anticipate issues and prepare the strongest defence available to you.
Gather evidence to give to your lawyer
Evidence can play an important role in defending a drug offence charge. If you are being investigated or charged, preserve any material that may be relevant to your case and provide it to your criminal lawyer. This could include documents, messages, photographs, receipts, phone records, location data, social media communications, or other information that may help establish what happened. Keep any records in their original form and store them securely so they can be provided to your lawyer when required.
Do not destroy evidence
Never delete, destroy or alter evidence that may be relevant to a drug offence investigation, even if you believe it could harm your case. Attempting to dispose of evidence may create additional legal problems and could also result in the loss of material that may ultimately assist your defence.
Pleading not guiltyÂ
Your criminal lawyer will carefully examine the evidence, identify strengths and weaknesses in the prosecution’s case, obtain your instructions, and advise you on the defence options available to you.
The criminal lawyers at Australian Criminal Law Group have successfully defended many clients charged with drug offences, particularly where police rely on assumptions about ownership and possession.
Your lawyer will have the opportunity to challenge the prosecution’s evidence and cross-examine its witnesses. The prosecution bears the burden of proving the charge beyond a reasonable doubt. If the prosecution cannot satisfy that burden, you should be found not guilty.
You can read a detailed article about pleading not guilty here.
Defences for drug offences
Common defences that our criminal law team often use include:
- Identification, which is where your defence is that the drug was committed by someone else.
- No drug offence occurred.
- Duress.Â
- Lack of knowledge.
- Lack of intent
- Drugs belonged to another person.
- False positive.
- Honest and reasonable mistake.
- No possession established.
- Lack of exclusive possession.
- Licensed or authorised to have possession of the prohibited drug.
- Unlawful search and seizure.
- Necessity.
- Incorrect weight of drugs.
- For charges of ‘taking part in supply’, you can prove that you weren’t involved in the supply by way of taking any steps in the process, financing or arranging to finance the supply or allowing the offence to happen on premises.
- For charges of Drug Manufacture, you can prove that you simply obtained materials, but did not participate in the process.
Pleading guilty
If you decide to plead guilty to a drug offence, our criminal lawyers can assist you in preparing a sentence through:
- Developing submissions seeking the most lenient outcome available, including avoiding imprisonment and, where appropriate, seeking a non-conviction order.
- Negotiating with prosecutors to resolve the matter on a less serious charge or on agreed facts that accurately reflect the circumstances of the offence.
- Assisting you with character references and apology or remorse letters where appropriate.
- Obtaining psychological or psychiatric reports where they are relevant to your sentencing case.
- Referring you to appropriate support services, including drug and alcohol programs, counsellors, psychologists and psychiatrists.
An early guilty plea may result in a reduction in sentence, while demonstrating genuine remorse and a willingness to address the underlying issues can also be relevant to the sentencing outcome.
Other factors that may be considered when you are sentenced include:
- Prior criminal history,
- Age,
- Prospects of rehabilitation,
- Steps taken to address drug use or other underlying issues,
- Your personal circumstances.
If you intend to plead guilty to a drug offence, our experienced criminal lawyers can negotiate with police and prosecutors to seek the withdrawal of unsupported allegations, negotiate a less serious charge where appropriate, and work towards securing agreed facts that accurately reflect your conduct and support the most favourable sentencing outcome available.
You can read a detailed article about pleading guilty here.
No ConvictionÂ
If you are pleading guilty to a less serious drug offence, receiving a conviction is not always inevitable. In appropriate circumstances, the court may exercise its discretion under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to either dismiss the charge without recording a conviction or issue a conditional release order without a conviction.
At Australian Criminal Law Group, our experienced criminal lawyers specialize in preparing Section 10 applications and negotiating outcomes that aim to minimize the long-term effects of criminal charges. Whether a non-conviction result is possible depends on the specifics of the offence, your criminal history, and personal situation.
What drug offences do we defend?Â
At the Australian Criminal Law Group, we achieve exceptional outcomes in various drug offences. Some of the offences our lawyers defend include:
- Possess a prohibited drug
- Drug driving
- Supply a prohibited drug
- Supply a prohibited drug on an ongoing basis
- Drug manufacture
- Importing a border-controlled drug
- Importing border-controlled precursors
- Prohibited plants (cultivate, supply or possession)
Experienced NSW Bail Lawyers
At Australian Criminal Law Group, we understand that being arrested and refused bail can be an extremely stressful experience for both the accused person and their family. If bail is refused, you may remain in custody while your drug offence matter progresses through the courts, which can have significant consequences for your personal, professional and family life.
Bail applications may be available at different stages of a drug offence matter, depending on the circumstances of the case. Our criminal lawyers can assist with urgent bail applications shortly after a person has been arrested, as well as second bail applications and Supreme Court bail applications where appropriate.
We offer 24/7 urgent bail support, including weekends and public holidays. Bail applications are often urgent, especially if someone has been arrested and denied bail by the police. If you or someone you know has been arrested or refused bail related to a drug offence, contact the Australian Criminal Law Group right away to consult with an experienced criminal lawyer.
To learn more about bail, read more here.Â
Free First Consultation
Choosing the right criminal lawyer can make a significant difference to the outcome of your drug offence matter. That’s why Australian Criminal Law Group offers a free, confidential, no-obligation first consultation with one of our experienced criminal defence lawyers.
This is your opportunity to explain your circumstances, understand your legal options and decide whether we are the right team to represent you.
Every consultation is completely confidential and obligation-free. Our goal is to ensure you understand your position and have the information you need to make informed decisions about your drug offence matter.
Fixed Fees Available
For many straightforward drug offences, we offer fixed-fee representation, so you’ll know your legal costs upfront with no hidden surprises.
We believe everyone should have access to quality criminal defence and representation. That’s why our Sydney, Blacktown and Parramatta criminal lawyers offer fixed fees for non-complex criminal law matters.
Additionally, we won’t charge you for things such as:
- Short phone calls,
- Brief emails,
- Photocopying.
We also offer payment plans for clients who need greater flexibility when managing their legal costs. Speak with our team to find out whether your drug offence matter is suitable for a fixed-fee arrangement.
Read more about our fixed fees here.
Book Your Free Consultation
We offer appointments in person, by phone, or via video conference from our offices in Sydney CBD, Parramatta, and Blacktown. Our lawyers represent clients throughout New South Wales.
Contact us now if you have been charged with a drug offence. Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience. You can read our reviews here.