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

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PrisonTrip

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I'm early-to-mid twenties and I have one un-recorded Wilful Damage (resulting in $2200+) conviction which the penalty was a section ten (good behaviour bond) for 12 months. Unfortunately I am only around 6 months into this bond, and the other night I wanted to get rid of a few pills I had in my possession because I didn't like them. The first people I asked if they wanted to buy pills stared at me for a second or two, then pulled out his book, and shoiwed me the badge. He was a plain clothes Tactical Response Officer.

He asked me to empty my pockets kindly and I showed him the pill that was loose in my pocket in its own baggie, he then asked to empty the rest of my pockets which I did and placed it behind me. He then handcuffed me and flagged down uniformed police doing a lap who he got to search me. The officer asked if I had any picks then asked if I had any other consealed illegal items. Just for the sake of possible interest, he rubber-gloved up and checked my pockets with a torch, lifted my shirt up a tiny but to check for anything taped around my body, patted me down with his torch stick, all up and around my legs, searched my shoes with a torch, searched my dirty socks. Shined a flashlight inside my ears, and asked me to open my mouth wide and stick my tongue up. (yes like Snoop in Training Day) and checked my hair.

I was taken to the cop shop and put in an interview room with one of the original plain clothes that arrested me. He put the recorder on and asked me the usual things like time, name, address, but when they asked me about the confiscated items, I said I would rather not comment, he asked why and I said I was too tired. He stopped the tape and handed me my copy. He made me sign and complete finger print forms and DNA swab forms (which I already did about 6 or so months ago, but skimped on the re-inking on the 2nd and 3rd copies), then released me with a court date 2 weeks from now.

Just because no one ever mentions it really, I was happy with the way these plain clothes officers handled the situation, they were young, friendly and professional. Never was there any smart-assness of the uniforms I've dealt with before and over-the-top in your face offensive attitude, even when asked personal questions like the age of them and their name and how long they'd been in the force.

Anyway, I really need to know if anyone has had a simular situation happen, especially while they have already been on a good behaviour bond, or know any information about other cases of friends, family or by ear.

I am being charged with SUPPLY of a Dangerous Drug (In Queensland), although they only have one pill as evidence, it was because I went up to them offering to sell it.

Am i looking at possible jail time here since I am on a bond? Or a criminal record? My last conviction was unrecorded because the judge said all cleanskins deserve at least one chance. Is there any chance I can escape a record? I really want to have a future with a decent job, and I really want to be able to travel more than anything. Is there any chance I can get my bond increased and given one final warning (since the new charge isn't related to the old one), or community service and/or a fine? I obviously do not want to go to jail, but having a record also consatricts me a lot, and it may not seem like it, but being cofined to one country and a shitty job my whole life is kind of like prison in a way.

I am seeing a lawyer (legal aid) on Monday to discuss my case, but I can't wait, I would really like to hear from any body out there.
 
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Just try and paint a good picture of yourself in court. Although in your situation you can't really plead not guilty, you were only found with one pill which is hardly trafficking quantities. Say stuff like your enthusiastic about life and want to get a good job.
 
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This is further question the original poster wanted to ask. If anyone with knowledge of such matters in QLD could offer any advice, it'd be greatly appreciated.

I am wondering if I should ajourn the matter to a later date and ask for lab testing since I do not know if the pill contents are entirely illegal, I bought it off the street when intoxicated then realised I did not want to take it. Sometimes in Queensland for small drug quantities, the labs are so overflowed the results never get back in time.
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I am being charged with SUPPLY of a Dangerous Drug (In Queensland), although they only have one pill as evidence, it was because I went up to them offering to sell it.
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8o 8o :( :(
Dude I really feel for you, ^ that is my worst nightmare! Look on the bright side though, you were smart enough to keep everything else hidden well which may ultimately save you :\

Get legal advice on the matter that hoptis brought up. A lab test would make sense though wouldn't it?.... If they only got you for one pill (250mg) then they tested it you would probably only get chargred with supply of 100-150mg of MDxx - thats a tiny amount if you think about it. Just my 2c

Best of luck mate :)
 
I know people do it .... but selling pills while out WTF!!! To unknown punters....
Get leagal advice!! As stated above, if you have the money to fight this, ask for the the test results. Really depends on how deep your pockets are, you may do time!
 
Claim you didnt ask him if he wanted to buy say you asked if he had any to buy

Maybe if your lucky youll be charged with possesion rather than supply could work being they only found one pill
 
hoptis said:
This is further question the original poster wanted to ask. If anyone with knowledge of such matters in QLD could offer any advice, it'd be greatly appreciated.
"I am wondering if I should ajourn the matter to a later date and ask for lab testing since I do not know if the pill contents are entirely illegal, I bought it off the street when intoxicated then realised I did not want to take it. Sometimes in Queensland for small drug quantities, the labs are so overflowed the results never get back in time."
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From what I have gathered, it doesn't matter weather the pill is 100% binder, you thought you were in possesion (and selling) of a prohibited substance, therefore under the eyes of the law, you can be charged for it. Attempted supply (which is what you would be charged with if it was 100% binder) is deemed to be the same as supply. Get a lawyer to confirm this but i really don't think it will make a difference. (not legal advice)

The amount would be relevant to the penalty imposed though so it might be worth checking out how that could work. Given that it is only 1 pill i'm not sure that the penalty would vary much unless you were selling nurofen.
 
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Another thing you could try when you go to court is say you where so high off your face and actually you were asking them if they had any for sale not the other way round & they misunderstood & that you eat alot of pills & you had one left but wanted more & that this has been a very big learning experience & you plan to enter into some sort of rehab program to get off the rubbish etc blah blah and appolgise for wasting the courts time...

The judges have bigger fish to fry than you so stating your sorry for wasting his or her time always helps... especially for 1 pill ( Sheeesh )


oh and dress up very neat and tidy .. even get a haircut day before and shave etc ...

You be right mate .... because you on 12 month bond and 6 months into it isnt that bad because
you arent being charged again for the same thing you got in trouble last time for.

i.e. if you stole a car and got 12 month bond and then got caught 6 months later stealing another car then you would be looking at 2 year bond , big fines ,community service, and if u got done again for same thing then probably 3 months jail worse case scenario...
 
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Getting legal advice (like you are) is a very very good idea. Don't go for all these elabourate legal defenses or try to beat the system. It will piss off the magistrate and they will nail you if they get the chance.

Your best bet is to be presentable in court, possibly get a sort of 'character reference' from a family friend who has high standing in the community (lawyer, doctor, public official etc.) to present to the court and just be honest, upfront, well spoken and well mannered when addressing the court.
 
You would be wasting your time waiting for the lab results. You were selling the pill as MDMA, so it's irrelevant as to what it actually was. It might even make you look worse if it seemed you were deliberately selling fake drugs!

I doubt the blag suggested by Kingpin would really work - could also make things worse.

The final result will depend on you being suitably humble before the magistrate, and getting the right magistrate. Your legal aid lawyer should be able to fill you in on who's who.

One strategy that will probably help is to get yourself hooked up with some drug treatment agency. If you can demonstrate to the court that you are changing your evil drug taking ways ( ;) )you will get a better result. Character references and having a family member or other support person in court with you will also help.
 
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Your matter will be concerned almost entirely or entirely with whatever you or your solicitor can present in mitigation of the offence. As such, the most important thing is to be polite, well-dressed (suit) and deferential to the magistrate. You must remember that magistrates deal with perhaps 50 similar matters every court day of every week, and while magistrates do not sentence capriciously on the basis of the impression that they gain of the individual appearing, it is not wise to antagonise a magistrate or ignore decorum.

As concerns admixtures and lab results: at the State level I think all of the States have similar, or identical, deeming provisions. The relevant quantity for a charge is the total weight of the admixture (i.e. prohibited substance and binder, filler or any other substance with which it was mixed). Further, the charge is founded on the substance that the accused represented it to be, not what the substance was in fact.

If you had a pill with 30mg MDMA and 120mg binder, the quantity would be 150mg. If you had a pill that has no active cuts or otherwise proscribed substances and described it as ecstasy or MDMA, you would be charged with supplying or offering to supply ecstasy/MDMA. By now the lawyer will have told you the same, but nevertheless - there is no point having it analysed.
 
Something of interest may be the current drug diversion program they have running in Queensland. You would have to discuss the matter with your solicitor or even Legal Aid but it's something to obviously consider if you meet the eligibility criteria.

I have found and attached some basic information on the programs offered. Have a read and decide if it's an option worth considering.

Queensland Illicit Drug Diversion Initiative (QIDDI)

Drug diversion in Queensland
Diversion initiatives in Queensland arise from two sources:

Queensland Illicit Drug Diversion Initiative (QIDDI). This is funded by the Commonwealth under the COAG Illicit Drug Diversion Initiative and includes:
The Police Diversion Program for minor cannabis offences, and
The Illicit Drugs Court Diversion Program in Brisbane (pilot program from March 2003).
Drug Court Pilot Program. This is funded by the State Government and is a form of court diversion with special courts established to hear these matters.
More information about the Drug Court Program.

Objectives of the QIDDI

The aims of the QIDDI are to:

provide offenders with an incentive to address their drug use early and, in many cases, before incurring a criminal record,
increase the number of illicit drug users diverted into assessment, education and treatment, and
reduce the number of offenders being convicted before the courts for possession of small quantities of illicit drugs.
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Police Diversion Program

The Police Diversion Program is provided for under section 211 of the Police Powers and Responsibilities Act 2000 (PPRA 2000). Under the Police Diversion Program, people who are found in possession of 50 grams or less of cannabis and who meet the strict eligibility criteria are offered the opportunity to be diverted from the criminal justice system to attend a Drug Diversion Assessment Program (DDAP) rather than being charged for the offence.

There are strict eligibility criteria which must be met before someone is offered diversion by the police. Not all people caught with 50 grams or less of cannabis are eligible.

A person is eligible if they:

are arrested for, or questioned about, a minor drugs offence (ie, possession of not more than 50 grams of cannabis or possession of a thing for use, or that has been used, for smoking cannabis)
have not committed another indictable offence in circumstances related to the minor drugs offence
have not previously been convicted of an offence involving violence against another person
admit having committed the offence during an electronically recorded interview, and
have not been offered diversion on a previous occasion.

People identified as dependent on an illicit drug during the assessment are, upon completion of the DDAP, offered a referral to the closest available agency with programs in place to address these issues. Where appropriate, referrals to other drug and alcohol and/or other services are also made. It is important to note that participation in further treatment is voluntary and is not a requirement of the Police Diversion Program under section 211 of the PPRA 2000. The Program commenced statewide on 24 June 2001, and in its first 4 years over 28,000 people accepted the offer of diversion.

Queensland Health is the budget holder for the QIDDI and is responsible for the establishment and maintenance of a statewide network of assessment, education and treatment providers.

This includes:

establishment of a 24-hour Diversion Coordination Service to coordinate the activities of police and service providers;
development of a standardised assessment and education treatment interventions for illicit drug users and training for health service providers in the use of the interventions, and
selection of appropriately qualified and experienced service providers to provide assessment, education and treatment services for the Program.
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Illicit Drugs Court Diversion Program

The Illicit Drugs Court Diversion Program is aimed at diverting all eligible offenders who appear in Magistrates Courts charged with possession of a small amount of an illicit drug for personal use.

Magistrates are permitted to sentence eligible and consenting offenders pleading guilty to offences of possession of a small quantity of drugs to a recognisance (a bond recorded before the Court) with a condition that the offender attends a Drug Assessment and Education Session (DAES). Attendance and completion of the assessment and education session means the recognisance ends without a conviction being recorded. If a diverted offender fails to attend the designated drug assessment and education session, a warrant is issued and the offender is returned to court to be dealt with again for the original offence.

In the case of juvenile offenders, the court proceedings are adjourned while the young person attends the DAES. If they successfully complete the assessment and education session, a finding of guilt is made against the young person but no conviction is recorded nor any further action taken. If the child fails to attend the session, the Magistrate sentences the child for the illicit drug offence.

A person is eligible to be offered the opportunity to attend a Drug Assessment and Education Session if they:

are charged with an eligible drug offence
appear before a Drug Diversion Court
have not previously been convicted of (or are currently facing) charges of a sexual nature or a drug offence dealt with on indictment
have not previously been convicted of an indictable offence involving violence against another person (other than certain offences specified in the Drug Diversion Amendment Act 2002), and
have been offered a diversion on no more than one previous occasion (including Police Diversion).
An “eligible drug offence” is an offence against the Drugs Misuse Act 1986, section 9 (Possessing dangerous drug) or section 10 (Possessing things) if the drug and the quantity of the drug and another substance is less than the amount prescribed in a schedule of the Penalties and Sentences Act 1992. The Court must also be satisfied that the dangerous drugs or drugs were for the person’s personal use.

As with the Police Diversion Program, diverted offenders who are identified as having a dependence on an illicit drug are also offered a referral to an authorised provider of outpatient treatment programs.

The program was piloted in the Brisbane Magistrates and Brisbane Children's Courts from March 2003 to June 2005. During this time, 2070 people were diverted and the compliance rate was 95 percent.

The role of Queensland Health in the Program is the same as for the Police Diversion Program.

An evaluation report of the program is now available.

Future Initiatives

In 2006 the Queensland Government will trial a new drug diversion program, the Queensland Magistrate's Early Referral into Treatment (QMERIT) program. The aim of the QMERIT program will be to help suitably motivated drug offenders to overcome their problematic drug use and end their associated criminal behaviour through court enforced and supervised treatment programs. QMERIT will be a pre-sentence court diversion program and will be implemented using a health service delivery model. The initial sites will be Redcliffe and Maroochydore.

Contact
Drug Diversion Coordinator
Alcohol, Tobacco and Other Drug Services
Queensland Health
Telephone: +61-7-3225 2173
Queensland Illicit Drug Diversion Initiative (QIDDI)
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^ The diversion programs are only for people charged with possession, so unfortunately aren't an option in this case.
 
^ No, it is available for pretty much any drug, providing the person is in possession of only a small amount.
 
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.
 
no matter what bro you turn up to court on the time and date you think it is.

Who knows they prob cought someone later that night with much more on them and they didn't worry bout yours.. who knows.
 
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
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Man thats great news...sorta. So glad your not looking at serving any time! I hope the morons have lost all your documents but I agree with rabbi its best to show up and prove what an honest citizen you are then have them screw you and add a not turning up to court charge to the list. Plz keep us updated mate, we don't want you to suddenly dissapear from this board now do we :)
 
PrisonTrip said:
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.
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The information Splatt has provided is correct when referring to the Police Diversion Program but incorrect in regards to the Illicit Drugs Court Diversion Program.

Police in Queensland have been provided with discretionary powers in regards to the possession of Marijuana. As is detailed in my post above, under section 211 of the Police Powers and Responsibilities Act 2000;

'people who are found in possession of 50 grams or less of cannabis and who meet the strict eligibility criteria are offered the opportunity to be diverted from the criminal justice system to attend a Drug Diversion Assessment Program (DDAP) rather than being charged for the offence.'

The Illicit Drugs Court Diversion Program is a little different in that you will be charged by the police for possession, face the courts, plead guilty and if you meet the criteria you may be offered diversion. On completion of the required Drug Assessment and Education Session (DAES) you will be released from recognisance without a conviction being recorded.

So although the information Splatt provided was correct in regards to the Police Diversion program there are other options, namely the Illicit Drugs Court Diversion Program. The police also provided you with the correct information as they would have been under the belief that you were enquiring about their discretionary powers for Police Diversion.
 
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