Drug Lawyers Sydney
Charged with a drug offence? Our specialist Sydney drug lawyers provide immediate strategic defence to protect your rights and secure the best possible outcome.
- Strategic Defence for All Drug Charges
- Proven Record of Dropped Charges
- Avoid a Criminal Conviction
- Clear Legal Strategy & Advice
Lawyers Available 24/7
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Expert Defence for Every Type of Drug Offence
A drug offence charge in NSW can have serious consequences, from heavy penalties and travel restrictions to a criminal conviction that impacts your future. The right legal advice from an experienced drug lawyer is critical to navigating the complex laws and protecting your rights.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist drug lawyers have a formidable track record of achieving exceptional results. We build a powerful defence strategy from the outset, aiming to have charges withdrawn early or securing the best possible outcome in court.
We provide robust criminal law representation across all types of drug charges, including:
- Drug Possession
- Drug Supply & Trafficking
- Drug Importation & Exportation
- Drug Manufacture & Cultivation
- Drug Premises
- Drug Driving
Penalties for Drug Offences in NSW
Understanding the potential penalties for a drug offence in NSW is critical. The consequences of a drug charge are serious and escalate significantly depending on the type of prohibited drug, the quantity involved, and your criminal history.
A conviction for any criminal offence will result in a criminal record, which can impact your employment, travel opportunities, and future. Our experienced drug lawyers are dedicated to helping you navigate the court process to minimise these penalties and achieve the best possible outcome.
Penalties for Drug Possession
Possession of a prohibited drug is the most common drug offence. Under the Drug Misuse and Trafficking Act 1985 (NSW), the court can impose the following maximum penalties for a drug possession charge:
| Maximum Penalty | Maximum Fine |
|---|---|
| 2 Years Imprisonment | $2,200 |
Penalties for Drug Supply
A drug supply charge is a far more serious criminal offence, and the penalties increase dramatically based on the quantity of the illicit drug. The law presumes an intention to supply if you are caught with a “trafficable” quantity or more.
| Quantity | Maximum Penalty (Other Drugs) | Maximum Penalty (Cannabis) | Maximum Fine |
|---|---|---|---|
| Small Quantity | 2 Years Imprisonment | 2 Years Imprisonment | $5,500 |
| Trafficable Quantity | 2 Years Imprisonment | 2 Years Imprisonment | $11,000 |
| Indictable Quantity | 15 Years Imprisonment | 10 Years Imprisonment | $220,000 |
| Commercial Quantity | 20 Years Imprisonment | 15 Years Imprisonment | $385,000 |
| Large Commercial Quantity | Life Imprisonment | 20 Years Imprisonment | $550,000 |
Penalties for Drug Manufacture, Cultivation & Importation
The most serious drug charges relate to the organised production and importation of prohibited drugs.
- Drug Manufacture & Importation:Â These are extremely serious offences governed by both state and federal law, carrying a maximum penalty of life imprisonment.
- Cultivation:Â Cultivating a prohibited plant is a serious offence. If found to be for a commercial purpose, it can attract a penalty of over 15 years imprisonment.
Penalties for Drug Driving
Driving with an illicit drug present in your system is a major traffic offence with its own distinct penalties.
Penalties For a First Drug Driving Offence
| Maximum Fine | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| $2,200 | 6 Months | 3 Months |
Penalties For a Second or Subsequent Drug Driving Offence
| Maximum Fine | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|
| $3,300 | 12 Months | 6 Months |
It Is Possible to Avoid the Harshest Penalties
An expert drug lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999 (NSW).
This allows the court to find you guilty of the offence but dismiss the charge without recording a criminal conviction, saving your licence and your record. We have a proven track record of getting the best possible outcome for our clients.
Pleading 'Not Guilty' to a Drug Charg
If you choose to plead not guilty to a drug offence, the prosecution carries the entire burden of proving your guilt beyond a reasonable doubt. Our role is to dismantle their case. We meticulously analyse every piece of evidence, from the legality of the initial police search to the specifics of the drug analysis, to identify flaws and weaknesses.
Our experienced drug lawyers are experts in the rules of evidence and court procedure. We hold the prosecution to the highest standard, challenging inadmissible evidence and cross-examining police witnesses to expose inconsistencies. A carefully prepared, strategic defence is your best chance of having the drug charge dropped or being found not guilty at trial.
Pleading 'Guilty' to a Drug Charg
Pleading guilty to a drug charge does not automatically mean you will face the harshest penalty. In fact, it can be a strategic decision that, with the right legal representation, leads to a more lenient outcome. The key is preparing a powerful and persuasive case for sentencing.
The experienced drug lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will guide you through this process. We assist in gathering crucial documents, such as character references and evidence of rehabilitation, to present you in the most positive light. Our criminal law expertise allows us to make compelling submissions to the court, arguing to minimise the penalty and, where possible, avoid a criminal conviction entirely.
Common Defences to Drug Charges in NSW
Building a successful defence against a drug charge requires a deep understanding of the law and a strategic approach. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a proven track record of getting charges dropped by leveraging a range of powerful legal defences.
Our defence strategies often include:
- Illegal Search:Â Challenging the legality of the police search. If evidence was obtained unlawfully, it may be excluded from court.
- Lack of Knowledge:Â Arguing that you were not aware of the presence of the prohibited drug. The prosecution must prove you had knowledge and control.
- Challenging “Deemed Supply”:Â In NSW, possessing a certain quantity of a drug creates a presumption of supply. We can rebut this presumption with evidence that the drugs were for personal use.
- Duress:Â Arguing that you were forced to commit the offence under threat of serious harm to yourself or another person.
Can You Get a Section 10 for a Drug Offence?
Yes, it is possible to be found guilty of a drug offence but have no criminal conviction recorded. This is known as a Section 10 dismissal or a Conditional Release Order without conviction, as outlined in the Crimes (Sentencing Procedure) Act 1999 (NSW). This is the best possible outcome for anyone pleading guilty, as it protects your criminal record, employment, and ability to travel.
Achieving this outcome requires expert legal representation. Our specialist drug lawyers have extensive experience in preparing the comprehensive submissions needed to persuade a court that a non-conviction order is the appropriate penalty for your drug possession or minor supply charge. We have a proven track record of securing Section 10s for our clients.
Can You Get Bail for a Drug Offence?
Yes, securing bail for a drug offence is possible, but it can be a complex and challenging process. Being arrested and held in custody is a devastating experience, and a successful bail application is the most critical first step in your defence. Bail applications for serious drug charges in NSW are often strongly opposed by the prosecution, making expert legal representation essential.
The criminal lawyers at Daoud Legal: Sydney Criminal Defence & Traffic Lawyers provide urgent and expert representation for bail applications in the Local, District, and Supreme Courts. We know how to construct detailed applications supported by the right evidence—addressing employment, accommodation, and community ties—to satisfy the court and secure your release from custody while your case proceeds.
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- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a proven track record of getting the best possible outcomes in drug cases. Our focus is on having drug charges dropped early, securing 'not guilty' verdicts, and protecting our clients from a criminal conviction.
EXPERT SYDNEY Drug LAWYERS
Our senior lawyers have over 40 years of combined experience, with a deep understanding of the Drug Misuse and Trafficking Act 1985 (NSW). This expert legal knowledge of drug law gives you a significant advantage in court.
Free Strategy Session & 24/7 Help
We offer a free initial Strategy Session to assess your drug charge and outline your defence options. Our team is available 24/7 because immediate expert legal advice is crucial when facing a serious drug offence.
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FAQs
I’ve been charged with a drug offence, what is the first thing I should do?
The most critical first step is to contact an experienced drug lawyer for urgent legal advice. Do not speak to police without representation. Seeking expert advice immediately ensures your rights are protected from the very beginning and is the best way to secure a favourable outcome.
Do I really need a drug lawyer for a minor possession charge?
Yes. Even a minor drug possession charge can result in a criminal conviction, which has a lasting impact on your employment and ability to travel. An experienced drug lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can build a case to help you avoid a criminal record, even for what seems like a minor offence.
What is the difference between drug possession and drug supply?
Drug possession means having a prohibited drug for your personal use. Drug supply is a much more serious criminal offence and includes selling, distributing, or even sharing an illicit drug with friends. The penalties for drug supply are significantly more severe and often involve prison sentences.
What does the prosecution have to prove for a drug charge?
For a drug possession charge, the prosecution must prove beyond a reasonable doubt that you had knowledge of the drug and physical custody or control of it. For a supply charge, they must also prove you intended to supply it to another person. Our criminal defence lawyers will meticulously analyse all evidence to challenge the prosecution’s case.
What is ‘deemed supply’ in NSW?
Under NSW law, if you are caught with a certain quantity of a prohibited drug, known as a ‘trafficable quantity’, the police can presume you intended to supply it, even if there is no other evidence. This is a serious charge, and fighting a deemed drug supply allegation requires a specialist drug lawyer to build a strong defence.
Can I avoid a criminal conviction for a drug offence?
Yes, it is possible to avoid a criminal conviction. An experienced drug lawyer can make a persuasive application for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a proven track record of securing these outcomes for our clients.
What is a Section 10 dismissal?
A Section 10 dismissal is an order under the Crimes (Sentencing Procedure) Act 1999 (NSW) where the court finds you guilty of the offence but dismisses the charge without recording a criminal conviction. This is the best possible outcome for many drug cases as it protects your record and future.
What are the penalties for drug possession?
The maximum penalty for possessing a prohibited drug in NSW is two years in prison and/or a fine of $2,200. However, with expert legal representation, many first-time offenders can avoid the harshest penalties and even a criminal conviction.
What are the penalties for drug supply?
Penalties for drug supply are severe and depend on the quantity of the illicit drug. They range from fines and community-based orders for small quantities to life imprisonment for large commercial quantities. Getting the best possible outcome requires a specialist drug lawyer with a deep understanding of drug law.
What are the most serious types of drug charges?
The most serious drug offences in NSW involve the large-scale supply, manufacture, cultivation, and importation of prohibited drugs. These charges are complex, often involving federal law, and carry penalties up to life imprisonment. These cases demand the expertise of a senior drug lawyer.
What are some common defences to drug charges?
Common defences include arguing the police search was illegal, that you did not know the drugs were in your possession, or that the drugs were for personal use rather than supply. Another defence is duress, where you were forced to commit the offence. Our lawyers will explore every possible avenue for your defence.
What if the police conducted an illegal search?
If police found drugs during an unlawful search, an experienced drug lawyer can file an application to have the evidence excluded. If the evidence is ruled inadmissible, the prosecution may be forced to withdraw the drug charge.
Will I get bail if I’m charged with a drug offence?
Bail can be difficult to obtain for serious drug charges, as the prosecution will often oppose it. A successful bail application requires a specialist lawyer to prepare a detailed case addressing any risks. We have a strong track record of securing bail for our clients in the Local, District, and Supreme Courts.
How long will my drug case take to resolve?
The timeframe depends on the complexity of the charge and whether you plead guilty or not guilty. A simple possession case might be resolved in a few months, while a defended drug supply or importation trial can take over a year. We work to resolve your matter as efficiently as possible while aiming for the best outcome.
I’ve never been in trouble before. How will that affect my case?
Having no prior criminal history is a significant factor that the court will consider in your favour. For first-time offenders, particularly in drug possession cases, our lawyers can often persuade the court to grant a non-conviction order like a Section 10, allowing you to maintain a clean record.
What makes Daoud Legal: Sydney Criminal Defence & Traffic Lawyers different?
Our firm is dedicated exclusively to criminal and traffic law. With over 40 years of combined experience, a proven track record of success in serious drug cases, and a focus on strategic defence, we provide an unparalleled level of expertise to get the best possible outcome for every client.
Why should I choose a specialist drug lawyer over a general lawyer?
Drug law is a highly complex and technical area governed by the Drug Misuse and Trafficking Act 1985 (NSW). A specialist drug lawyer understands the nuances of evidence, police procedures, and sentencing guidelines. This expertise is crucial for building a powerful defence and achieving the best result in court.
What happens during my free initial strategy session?
In your free session, an experienced senior drug lawyer will listen to your side of the story, assess the details of your drug charge, and provide clear advice on your legal options. We will outline a potential defence strategy and answer all your questions so you can make an informed decision.
Do you offer fixed fees for drug cases?
Yes, we provide fixed-fee arrangements for many types of criminal law matters, including drug offences. This gives you certainty and transparency about your legal costs from the outset, allowing you to focus on your defence without worrying about hidden fees.
Can you have my drug charge dropped?
Yes. Our primary goal is often to have the drug charge withdrawn by the police before it proceeds to a final hearing. We achieve this by meticulously analysing the brief of evidence, identifying weaknesses in the prosecution case, and entering into strategic negotiations. We have a strong track record of getting charges dropped early.
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