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By criminal lawyer Joseph. Joseph is a specialist drug lawyer whose results include securing non-convictions for supply of 560 ecstasy tablets and possession of 88 ecstasy tablets at festivals in Sydney.
In NSW, police can charge you with a number of offences relating to drugs. These can include:
More serious charges exist for long term or large-scale supply as well as manufacturing and running a ‘drug premises’.
The penalties for being caught with drugs at a festival will vary. The outcome depends on the severity of your case and any prior convictions you have.
While the maximum penalty for supply or possession of drugs is imprisonment, whenever we represent a client charged with possession or supply of drugs at a festival, our aim is to ensure that they leave court without a conviction or criminal record. We do this because a criminal record for drug offences can haunt you. It can mean you will never be able to get certain jobs. It can also make it harder to get a visa so you can travel overseas. You can read more about having no conviction recorded here.
If a police officer has reasonable grounds to believe you are in possession of prohibited drugs, they have the right to search you. There must be a factual basis for the suspicion. Police guidelines direct police to consider things like the time and location, your behaviour and “antecedents” (whether you have a criminal record or other information known to police). Simply being present at an event such as the Mardi Gras party or a music festival is not a reasonable ground to suspect you are carrying drugs or something illegal.
If the police do not have these “reasonable grounds to suspect”, the search is illegal and any force used will be an assault by the police officer. This would need to be established in court but you would not succeed if the police officer did find drugs or other illegal items when they searched you.”
A general search is when an officer pats down your clothing and pockets on the outside. They may require you to remove your hat, jacket, gloves, and socks.
A strip search is when you are required to remove any more items than these. During a strip search, an officer may look into your underwear or under a woman’s bra. If you are strip-searched, it should be done in a private area and police are never allowed to conduct a cavity search.
If you have been strip-searched, it is advisable to seek legal counsel as soon as possible. It could be that the search was illegal and a legal representative can help you to defend your rights. The Australian Criminal Law Group are an excellent place to start.
Being arrested can be a frightening and distressing experience. Do your best to stay calm, polite, and cooperative.
The police have a right to use ‘reasonable force’ to arrest someone so be careful when dealing with the police.
The police have three steps they must legally complete every time they make an arrest:
Don’t get confused by the ‘Miranda Rights’, (‘You have the right to remain silent…’) that you see on American television and movies. This does not apply to Australian police officers. However, you do have rights when under arrest:
Don’t get angry and shout or fight or swear as this puts you at risk of additional charges. Stay polite and cooperative at all times.
Don’t answer questions until you have legal representation. Politely ask for a lawyer and wait for them to arrive. Your lawyer will make sure you don’t say anything you shouldn’t. He or she will help you answer the police’s questions. They will also help with applying for bail or any other legal processes that you may come up against.
Caught with drugs at a festival? If you are charged with a drug-related offence there will be a process to follow. Here is what you will need to do and some of the areas where your lawyer will help
On the day of your court appearance, dress neatly and make sure you are there well before time. Judges will often respond better to well dressed and polite people.
A shirt and tie and dress pants is best for men. Conservative, semi-formal wear is best for women. It is not vital that you buy a new suit if you can’t afford it, just make sure you are dressed neatly and conservatively. Avoid wearing anything ripped or revealing. Certainly leave clothing with offensive logos or slogans at home.
You will need to wait patiently until your case is called.
Mostly, your lawyer and the prosecution will make submissions about you, what happened, and what outcomes they want to see with the magistrate or judge. You may be called to swear in and answer questions. Do so honestly and clearly but don’t offer information beyond what you are asked about.
You will need to stand and bow your head for the magistrate or judge and will be expected to be quiet and respectful. Follow your lawyer’s lead and be polite at all times.
Your lawyer will help you choose what plea to make.
You can plead guilty; admit that you did it and have your lawyer argue for a lenient sentence, such as no conviction.
Or you can plead not guilty; say that you are innocent and the charges against you should be dismissed
If you are in trouble and need advice after being caught with drugs at a festival, call the Australian Criminal Law Group.
Our experienced team will guide you towards the best legal representation for you and answer any questions you may have. Head to the contact us page here for all the help you need.