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Criminal Lawyers for Drug Possession In Sydney

Possessing a prohibited drug, also known as 'drug possession,' is an offence under section 10 of the Drug Misuse and Trafficking Act 1985 (NSW). The prosecution must prove beyond a reasonable doubt that a person possessed a substance, that the substance was a prohibited drug, and that the person knew or was reckless to the fact that the substance was a prohibited drug.

These 'essential elements' require evidence that the person had 'exclusive possession,' meaning there is no reasonable possibility the drugs were in someone else's custody or control. It also must be shown that the person knew the drugs were there or believed it was probable a prohibited drug was in their possession, custody, or control but did not make enquiries that a reasonable person would have made in the circumstances.

Prohibited drugs include various amphetamines such as methamphetamine and MDMA (ecstasy), cocaine, heroin, ketamine, LSD (acid), cannabis, and psilocybin (magic mushrooms).


In addition to proving the essential elements of the offence, the prosecution must disprove beyond reasonable doubt any legal defences that may be raised, such as duress and necessity.

The maximum penalty for drug possession is 2 years in prison.
 

However, those who plead guilty or are found guilty can receive a lesser penalty or avoid a criminal record through a 'non-conviction order,' such as a section 10(1)(a) dismissal or conditional release order without conviction.

How Can an Experienced Drug Lawyer Assist?

If you are facing court for drug possession, an experienced drug lawyer can assist by:
 

  • Evaluating the prosecution case

  • Obtaining your account of the events

  • Explaining the law and how it applies to your situation

  • Explaining your options and advising you on the best way forward

  • Formulating and implementing an effective defence strategy

    Call Us Now

    If you have received a court attendance notice for possessing a prohibited drug, call Criminal Lawyers Sydney  24/7 on 0452 219 092  to arrange a free consultation with an experienced defence lawyer. They have an exceptional track record of obtaining successful outcomes, including having charges dropped or dismissed in court when clients plead not guilty, and securing 'non-conviction orders' (no criminal record) when clients wish to plead guilty.

We provide Penrith Criminal Lawyers between these areas:

  • Agnes Banks 2753

  • Badgerys Creek 2555

  • Berkshire Park 2765

  • Blue Mountains National Park 2780

  • Cambridge Gardens 2747

  • Cambridge Park 2747

  • Castlereagh 2749

  • Cranebrook 2749

  • Claremont Meadows 2747

  • Colyton 2760

  • Emu Heights 2750

  • Emu Plains 2750

  • Erskine Park 2759

  • Glenmore Park 2745

  • Jamisontown 2750

  • Kemps Creek 2178

  • Kingswood 2747

  • Leonay 2750

  • Llandilo 2747

  • Londonderry 2753

  • Luddenham 2745

  • Mulgoa 2745

  • Mount Vernon 2178

  • North St Marys 2760

  • Orchard Hills 2748

  • Oxley Park 2760

  • Penrith 2750

  • Regentville 2745

  • Silverdale 2752

  • South Penrith 2750

  • St Clair 2759

  • St Marys 2760

  • Wallacia 2745

  • Warragamba 2752

  • Werrington 2747

  • Werrington County 2747

  • Werrington Downs 2747

Criminal Lawyers Penrith Legal Practice Areas

Criminal Offences

CRIMINAL 
OFFENCES PENRITH

If you have been charged by the NSW Police, you will receive a Court Attendance Notice and be required to attend your Local Court for a variety of offences including drug possession, breach Apprehended Violence Order (AVO), Common Assault, drink driving or for more complex and serious offences such as Murder, Manslaughter, Wounding causing Grievous Bodily Harm, sexual intercourse without consent, sexual assault, supplying prohibited drug, or importing commercial quantity of prohibited drug.

 

Our Criminal Lawyers Penrith, which include specialist criminal defence lawyers will provide the best legal representation to have your charges dropped, downgraded or dismissed in Court.

Prescription Drugs

DRUG OFFENCES PENRITH

 

Our experienced Penrith Drug Lawyers have achieved numerous brilliant results in various Drug Cases around New South Wales and are widely considered to be the top Penrith Criminal Lawyers when dealing with drug offences.

 

Our Criminal Law specialists have achieved various Conditional Release Orders with Non-Convictions, also known as Section 10 dismissals, various acquittals and findings of Not Guilty for clients charged with Large Importation of Drugs, Supply of Prohibited Drugs and Possession of Prohibited Drug Offences.

 

Our top Drug Defence Lawyers have dealt with numerous clients charged with drug-related matters including a Possess Prohibited Drug Offence from a festival or dance party, to Large Commercial Drug Supply and even large Drug Importation cases.  

Court

AVOs PENRITH
(Apprehended Violence Order)

Our AVO Lawyers servicing Penrith appear in all AVO matters in New South Wales and offer both a FREE Consultation and FIXED FEES for any client who has an AVO proceeding before the Court.

 

Achieving outstanding results in all Local Courts in AVO matters with years of experience.

 

Are you going to court for an AVO ? We can represent you, explain the entire AVO Court Process and fight for you in your matter.

 

Our Penrith AVO lawyers have been had success in:

Having AVOs dismissed;

Defending AVOs in court by thorough and comprehensive cross-examination of the opponents and their witnesses;

Having AVOs withdrawn prior to the Court Date;

Pillars of Justice

ASSAULTS PENRITH

Assault charges are very common in Penrith and can often occur in a Domestic Violence context or can arise between two strangers.

 

They are treated very seriously and you will need to engage a Specialist Penrith Assault Lawyers when dealing with these matters.

 

There are various types of assaults that include common assault, assault occasioning actual bodily harm, wounding causing Grievous Bodily Harm and legal defences to assault which are available to you, will depend on the unique circumstances for your case.

 

Contact the top Criminal Lawyers in Penrith to discuss your matter with a first free consultation.

 

Judge's Table

NOT GUILTY PLEAS

The onus in proving any criminal offence always remains with the prosecution. The NSW Police or other Prosecuting authority must prove each element beyond reasonable doubt.

 

However, even in cases where an offence can be proven beyond reasonable doubt, an accused has the right to raise a legal defence to the charge. Such Legal Defence include self-defence, honest and reasonable mistake of fact, claim of right, duress, etc.

 

If you are going to Court and want to engage a specialist Court Trial or Court Defence Lawyer, contact us as soon as possible to discuss your case and the best way to prepare for a plea of not guilty and defence of the allegation.

Law

BAIL APPLICATIONS

Bail has many different forms and can include Police Bail (bail granted by the police) or Court Bail (Bail granted by the Court). Applying for bail is an extremely important assignment as there is often a significant delay in the finalisation of Criminal Proceedings.

 

It is vital that you engage the best Bail Lawyers for your matter, especially for Show Cause bail applications which provides an additional hurdle to overcome in any bail application. If you are refused bail in the Local Court, an application can be made to the Supreme Court without having to establish a 'change of circumstances'

 

Our lawyers appear in Bail Applications all over the state ranging from the Local Court, Parramatta Bails Courts, Children's Court, Supreme Court and the NSW Court of Criminal Appeal. Contact us as soon as possible to assist with any bail application or variation for you or someone you care about.

Penrith Local Court | Penrith District Court 

Penrith Court Contact details

Penrith Court address

64-72 Henry St, Penrith NSW 2750

Penrith Court postal address

PO Box 318, Penrith NSW 2751

Penrith Court operating hours

Monday to Friday from 9am to 4:30pm

Penrith Court telephone number

T: 1300 679 272 | fax: (02) 4720 1555

Penrith Court email

Penrith court website

Penrith Local Court 

The Penrith Local Court normally deals with matters from the Nepean Police Area Command (PAC) which includes: 

  1. Penrith Police Station;

  2. St Marys Police Station; and

  3. Warragamba Police Station. 
     

Penrith Court is in walking distance from Penrith Train Station and there is sufficient parking in close proximity to the Court if you arrive by car. 

There are also a number of buses that service the local area and are accessible close to the Court.

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