[QLD] Being charged with Supply of Dangerous Drug to Plain Clothes

[Splatt]

Thanks for the correction.

 

[MR Candyslut]

Lil_angel is correct.

There are two diversionary programs that operate throughout Queensland . The first specifically authorises police to use discretionary power in relation to a nominal amount of marijuana and refer individuals to an education program, without officially charging them.

The second option can be for possession of any scheduled drug. However, in this case you will be charged, ordered to appear at court, and then it is up to the magistrate when sentencing to determine whether they feel the diversionary program is a suitable punishment.

Unfortunately, Prison Trip, neither option will be available to yourself as legislation specifies that it can only be used where the individual has been charged with possession (and this is usually limited to first offenses, at that).

It is extremely inadvisable for anyone to really be discussing whether you will be facing jail time or not. There are so many variables that will be taken into account when your sentence is considered. I would highlight that a supply charge is an indictable offense (i am not sure of whether willful damage is an indictable offense in QLD - i would think not, but you would need to check that). Given that you have been charged with such an offense whilst on a good behaviour bond, the magistrate will be forced to consider sentencing for both crimes at this subsequent trial.

Moreover, do you plan to plead guilty or not? By entering a not guilty plea, you will be forced to go to trial at a District Court and, consequently, the severity of your punishment could be greater than if you were to plead guilty at a commital hearing.

There are obviously a lot of questions that all can be discussed with your solicitor. My personal advice is that if there is any way you can avoid a duty solicitor, do so. Overall, i don't think jail time is likely given that the amount you were intending to supply was minimal. That being said, it would not be inconceivable for a particularly harsh judge/magistrate to enforce a custodial sentence (although i honestly do not think this likely).

If you have any specific question, you might want to PM me, or, even better, wait to you can get detailed advice from your solicitor.

Peace.

edit: Oops. Greenlighters cannot PM. My bad. I guess you will have to post

 

[MR Candyslut]

Thank you everyone for your support and time.

I don't think I can claim I wasn't asking them to buy it. They both heard what I said. Although I only said "pills" I never implied ecstasy. One of the cops did say though "Where did you get this amphetamine pill?" I just said I don't actually know what is in it, I bought it at a local night club. And wished to get rid of it to get taxi money home.

Splatt seems to be right, when I asked the officer for drug diversion they said that was only available for marijuana, and this was an "amphetamine based pill", although I never once agreed it was MDMA or amphetamine. I just said I didn't know what was in the pill.

Has anyone successfuly gotten legal aid for a drug matter?

One odd thing though, is I was not given (or if I had I lost it) my court date on paper. Normally when you get charged the police give you a paper saying you have to be in court this day etc. But all he showed me was a date and 8am or 9am on this date, and said if I don't show up on this date a warrant will be issued for my arrest.

Now I rang up the local court house and they said my matter is not listed at all! I waited a few days and rang again, still nothing! So either they have thrown the charge out, or it has been temporarily lost or delayed. What should I do? Should I turn up on the date anyway and ask the police prosecutor if my file is in their pile?

I did get some free legal advise, and the lawyer said because my bond was not a section 12, and it is not a repeat offence, it is very unlikely I will serve time. It is more likely I will pay the bond broken, have an extended bond (for upto 3 years), pay another fine or community service, plus it is likely the older charge will be now recorded. I would rather Wilful damage charge than Drugs because then I could probably still travel easily enough.

I don't want to ring up the police incase they realise they made an error and send the case to the courts. BUT the lawyer did inform me that it is likely that prosecution will drop the charge based on the fact it was only one pill. I also cannot apply for legal aid until I know the court case is definately going through. I am puzzled because the police officer did warn me I will be arrested if I do not turn up.

Some questions I did not answer :

1) Firstly, you DO need to attend as per the Notice to Appear form that has been issued to yourself by the police. I cannot stress enough how much more you will exacerbate the situation by convincing yourself that the case has been thrown out/overlooked and you do not need to attend.

The reason why you have not been scheduled with a specific court time and appearance date is because you need to attend a committal hearing first. It is only if you plead not guilty to the charge where the magistrate will then assess the facts of the case and determine whether there is a reasonable chance of a conviction, in which case you will then be ordered to appear at a District Court at a later date.

The procedure is that you attend the Roma St Courts at 9am. Once you are there, people make an appointment to see the Duty Solicitor who will be available for everyone. After you have received your 15 minutes legal advice (this is why i recommend you hire someone), you then will need to enter the nominated court (they have three sessions throughout the day - your solicitor will advise you which session you are in) and sit around, possibly all day, to await your trial. Matters are heard in terms of severity, usually ranging from traffic offenses all the way up. It is more than likely your case will be heard later on in the day.

Let me stress again, show up to Court, dressed as nicely as possible, at the nominated time. There may have been a delay in the processing. You can also go personally to the Police Prosecutions Office, located at Roma Street as well, to confirm what time/date you need to appear.

2) Secondly, you will only get appointed legal aid if you plead not guilty to the indictable offense. As i have pointed out, you can access the duty solicitor on the day of your committal. If they advise you to plead not guilty ( i find this unlikely), you may then make an application to Legal Aid. However, they are an extremely stretched resource and each application is assessed on its merits (in order of severity). Do not assume that you will receive assistance.

 

[PrisonTrip]

Update!

I was prosecuted under the 1986 Misuse of Drugs act of Queensland for one count each of:

* Supplying Dangerous Drugs
* Possessing Dangerous Drugs

I was never given a note to appear in court but I remembered the date the police told me. Everything looked great. It looked like they were going to drop the charges. I rang every few days to see if I was actually scheduled to appear before the magistrate.. I wasn't.. No record at all.. One day before my court date the officer had given me, I decided to make sure I wasn't on the list to appear... yet I was.. and it was entered ONE DAY before by porsoecution, with no prior notice to me beside a verbal date at the police office at the night of the offence.

So I rocked up the court and having no representation I ajourned with the reason to seek legal aid. My date was ajourned a couple of months later. After talking to a lawyer from a certain firm (I won't mention here, but you can PM me) he wanted $1100 for the initial fee, and decided to get out of the maximum jail time I would need to ajourn and complete a six week rehab centre. The $1100 was his "up front" fee, no idea what else he would of wanted. After saying I was poor, he said just bring around $300 for now as "good faith". I decided to go with legal aid, and their phone legal advice told me I was not looking at time, even with currently being on an unreocrded 12 month good behaviour bond for an unrelated matter, but I would be best to seek legal advice. He said he would give me some numbers. Legal Aid QLD are very helpful.

I chose someone I had heard nothing of, over one person who only had an answering machine service, and another I had heard nothing but bad over. The firm I went with asked for no contribution fees to send an application to legal aid, like some dodgey ones do (and quite illegally in the state of QLD). I was happy with their establishment so I went with them. They informed me because I had a supply charge of a schedule I or II drug (in this case, i was charged with MDMA only, despite the pill containging other ingredients, because I told the police I thought it was ecstasy), being schedule II) I get legal aid if I am on the dole or low income no matter what because ANY supply charge AT ANY quantity requires being heard in the SUPREME COURT in Brisbane.

My firm tried to get prosecution to drop the supply charge, and focus on possession because it was a waste of the supreme judges time and state money and time. This didn't work. But in the local court I attended on my date recently, this judge had the power to hear the matter now or hear it in the supreme court. He decided to hear it now, which was very good.

He used thembarassment technique to make a few people laugh and told me to grow up and said becauise of my education credentials I should get into real business and said quite frankly I do no belong in the criminal world. He said never choose to become a criminal mastermind because, quite frankly, selling to police is not exactly street smart. He was giving me a bit of a lecture, therefore my lawyer did not ask for a conviction to not be recorded as it may aggitate him.

He did not break my bond, as it was unrelated, and this more recent matter was not involved with violence. He did not issue me with a record but told me police, and the court will always have access to my unrecorded convictions, so next time in a court for ANY criminal offence there are most likely going to serious penaltities, and definitely including a record. I was sentenced a low- medium period of community service to be completed over 12 months.

This is my wake up call. No more shit in public, not even taking a piss or acting the fool. I can't be happier. A drug supply record would of possibly ruined my career and holiday life. Although to those interested, my lawyer advised me most countries, if not all, do not do police background checks if you travelling and a Visa is not required.

I think the laws need to be changed. Supply should not automatically involve supreme court. What a waste of money and time. In my case I was extremely lucky and I am going to be a good boy. If i commit any criminal offence at all in the next 12 months I am fucked.

 

[lil angel15]

It's good to hear you had a positive outcome PrisonTrip. Thanks for the update and try to keep your nose clean in the future.

 

[yossarian_is_sane!]

Glad to hear you don't have a record mate. Good luck in staying on the right side of the law.

 

[EnergizerBunny]

gratz everything turned out fine.

party safe 07