Possess a Prohibited Drug Lawyers

Our expert criminal lawyers for possession of a prohibited drug offence can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Possess prohibited drug 

You will be found not guilty of the offence of possess a prohibited drug if the police cannot prove beyond a reasonable doubt:

1. You had a prohibited drug on your person; and
2. You knew you had the prohibited drug, or you knew of its likely existence, or you believed that it was a narcotic drug of some kind even if you were unaware of the actual type.

What is possession? 

Possession can include: 

Physical possession: Where drugs are found on your person; or

Constructive possession: Where you have the ability and right to control the drugs even if they are not physically on you.

Where the police allege you had exclusive possession of a drug, but the drug is found in a communal place, police must negate possession on the part of any other person, e.g. other occupants of the house in which you live.

Read more about drug possession here. 

Will I get a criminal record for possessing a prohibited drug?

If you are found or plead guilty to possessing a prohibited drug, you will have the offence included on your criminal record unless the court deals with your case by way of section 10.

Australian Criminal Law Group is an expert criminal lawyers at getting clients section 10s for possessing prohibited drug offences, meaning our clients are not convicted and have no criminal record despite pleading guilty.

How do I avoid a criminal record?

Our criminal lawyers will assist you in preparing your sentence for possessing prohibited drug offences, including:

• Negotiating with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
• Assisting you with references and an apology letter.
• Obtaining psychological and psychiatric reports.
• Directing you to other services, such as drug and alcohol programs, counsellors, psychologists, and psychiatrists.
• Referring you to programs and courses that the courts hold in high regard like MERIT, SMART Recovery, and the Salvation Army’s Positive Lifestyles Program.
• Helping you collate corroborating documents that show the effect a conviction will have on you such as employment contracts and travel documents.
• Submitting applications for residential rehabilitation services.

Pleading not guilty

Many drug possession charges can be successfully defended, particularly where police rely on assumptions about ownership or possession. 

Common defences include: 

• Lack of knowledge,
• Drugs belonged to another person,
• Illegal search by police 
• No possession established.  

Pleading guilty 

If the prosecution can prove the offence, it may be in your best interest to plead guilty early. An early guilty plea generally results in a sentencing discount and demonstrates remorse. 

Possessing a prohibited drug carries a maximum penalty of two years imprisonment and/or a fine of $2,200.00. However, our criminal lawyers regularly obtain:

• section 10 dismissals;
• Conditional Release Orders (CROs) without conviction;
• fines; and
• non-conviction outcomes for first offenders.

The court will consider facts such as the quantity, type of drug, personal circumstances and prospects of rehabilitation. 

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat a possession of a prohibited drug charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case studies

Supply charge reduced to possession – No convictions recorded

We appeared for a person charged with the supply of 110 ecstasy tablets at the Future Music Festival.  His lawyer explained he was holding 88 of those pills for a friend and 22 tablets were to be given to other friends at the festival.  This resulted in successfully convincing the DPP that the ‘ Carey defence’ applied in this case and that the 88 pills should be dealt with on a possession charge.  The matter proceeded to sentence at the District Court.   Over a 9-month period, the judge required our client to undertake weekly urine drug testing. Ultimately, the judge imposed a sentence of two good behaviour bonds, without convictions, for the 88 pills and supply of 22 pills charges.

Not guilty – Drugs found in shared vehicle 

We appeared for an Accused person who had been pulled over by the police and drugs found in the side compartment of a company car. Our solicitor argued that the police could not prove the cocaine and methylamphetamine belonged to the Accused as opposed to another person. The Magistrate at Penrith Local Court ultimately ordered that the charges be dismissed and ordered the police pay the legal costs of our client.

Section 10 granted – Employment consequences considered

We appeared for a young person who had 10 ecstasy tablets at the Stereosonic music festival. Our solicitor tendered a copy of an employment contract showing that the defendant could lose his job if convicted. We also tendered bank statements showing that the young person was struggling to repay a mortgage and submitted he would default if he lost his job. The Magistrate agreed that the effect of a conviction on his employment outweighed the need to punish the young person. The Magistrate dismissed the matter pursuant to section 10.  The young person did not get a conviction.

Supply downgraded to possession – No conviction recorded

We appeared for a person charged with supply of 9 grams of cocaine.  We convinced the DPP to withdraw the supply charge and accept a guilty plea to a possession charge. The matter proceeded to sentence in the Local Court and the magistrate did not record a conviction.

Festival drug charges reduced – Section 10 outcome

We appeared for a person charged with the supply of 18 MDMA capsules at a music festival.  He successfully negotiated with the DPP for his client to plead guilty to one count of possession.  This was for having 8 capsules and a supply of 10 capsules to friends for no profit. The matter remained in the local court and was dealt with under Section 10 without conviction.

Second section 10 granted – No criminal conviction

We appeared for a young person charged with possession of four ecstasy tablets at a music festival. The young person had received a section 10 for malicious damage four years earlier whilst at university. Our solicitor argued that this did not prohibit the court from using the section a second time. Further arguing that the previous conviction was university skylarking vs. any propensity for criminal behaviour. The Magistrate agreed and dismissed the charge under section 10, recording no conviction.