What if I get charged with drugs? Chris Nyst, Criminal Lawyer, explains the process.
Are fake drugs illegal? Hear from Chris Nyst, Criminal Lawyer, on the law in Queensland.
Can I be charged if someone leaves drugs at my house? Chris Nyst, explains possession.
DRUG OFFENCES
Possession of small amounts of drugs for personal use are normally dealt with by a Magistrate and typically attract a small fine in the hundreds of dollars, unless you have a number of prior convictions for previous drug charges.
If there is any suggestion of supply, sale or other commercial dealing of drugs, more serious drug charges are likely. These more serious charges must be dealt with in the District or Supreme Court before a judge. Drug offences of this nature often attract a jail term upon conviction. In certain circumstances that jail term can be wholly or partially suspended.
What constitutes drug possession?
To be convicted of possession of drugs you do not need to be physically holding the drug. If you are exercising control over the drug, for example, if it is stored somewhere by you, at your house, even if the drugs are not owned by you, that is enough to constitute possession by you. In order to have control over a drug, however, you need to have knowledge that the drug is in your possession. If someone has hidden drugs in your house and you are not aware that they have done so, then you are not in possession of those drugs, provided you can establish you had no knowledge of them being on your premises.
In Queensland, if you are an occupier of premises in which drugs are found, you are automatically presumed to be in possession of them unless you prove that you neither knew or had reason to suspect that they were there.
OUR FEES
Nyst Legal is not a Legal Aid firm. We do not take on matters funded by the Legal Aid Office.
Nyst Legal charges a competitive rate for an excellent service and we provide an early estimate of costs for each stage of your matter. The law in Queensland requires us to disclose information relating to a range of things, particularly legal fees, how they are calculated, how they are charged, and how they are billed. Prospective clients will be provided with a Queensland Law Society Client Agreement which sets out all of these items in detail.
Fixed Fee Arrangements – Pleas of Guilty – $1,000 – $3,000
Less-serious drug charges to be finalised in the Magistrates Court, such as minor drug possession offences can usually be handled for a fixed fee ranging from $1,000 to $3,000. However, the precise fee will be dependent on the location of the court and the complexity of the matter, and will be advised and agreed in advance.
Hourly Rates
Where fees are not fixed they will be charged at an hourly rate commensurate with the seniority and experience of the particular team members involved. A formal client agreement will set out the hourly rate of each of the team members likely to work on the matter. Clear estimates will be provided in advance for each stage of the matter.
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