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Possession experiences (QLD)

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Usernamehere

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Jan 25, 2011
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In a van by the river.
*I know this should/could be in Legal Discussion forum, but wanted input from Australian community only*

So I decided to have a big blowout night before I have to go back to uni studying, unfortunately in the course of the night I got caught by the cops with 4 ecstasy pills (weight: 300mg ea) in my possession and was given a notice to appear at court at a later date(which is in a couple weeks).

For a little peace of mind I would like to know if anyone can share past experiences or stories of others in this situation, preferably under Queensland Law (How many were caught with, and what was the ruling? Drug diversions, any fines/fees, convictions?) and maybe provide insight on what I might be ruled with.

My submissions would be like:
- For personal use
- No priors
- Very co operative with arresting officers
- Full time uni student, low income earner

Thank-you! :)
 
I'd imagine you'll get away with a drug diversion, but I'm not in touch with the laws in QLD to state that confidently.
 
I had a friend caught with one pill, first time offence and the cops actually told him to ask for drug diversion so as to not have a record. I'm not sure, but I think the threshold for a trafficable amount of pills in QLD is 2 grams so you should be up for drug diversion.
 
To be eligible for court diversion in Queensland, the cut off for MDMA is 1 gram. 4 pills might put you over the limit. You need speak with a lawyer ASAP.
 
^err yes you can.

Your total weight of 'drugs' includes any binders or fillers that are present in the TOTAL weight, not the amount of pure substance in your mixture.
 
Its 3 pills lof ecstasy or 3 tickets of LSD, powders are a gram each of heroin, speed or coke.
You;'ll probably goto court but you can still ask for drug court and explain why you were taking them, show you're employed and hope you have a good (none, or close to none) criminal history.
show you are remorseful, dress well, say your honour even if the old bastard coughs.
you will get good behaviour or a fine, maybe community service at most.

dont bother with a lawyer if its your first time. just make it look like you are prepared and show up at 8am and put your plea down so you dont have to wait for 500 drink drivers to give their lame excuses like the baby needed milk on a sunday morning at 4:15am and you were wearing clubbing clothes because they are your every day pjamas and you may have had 2 beers last night...
 
MrIbis said:
^err yes you can.

Your total weight of 'drugs' includes any binders or fillers that are present in the TOTAL weight, not the amount of pure substance in your mixture.
Click to expand...

You can contest this by getting a lab result. All pills will be treated as ecstasy until they are analyzed in a lab. If you had 8 really shit pills with 10mg of mdma each found, and asked them to be lab tested as tyou are sure theyre fake or something like that, you'll be ajourned and after testing is done they will give you the weight of the illegal substance if possible. However if they do come back positive as illegal substances you have wasted court time and resources and lab testing services cost money to the government so you will most likely get a huge fine, up arounds $1000-2000
 
^ You can't just rock up and "ask for drug court". There are specific eligibility requirements, and I can tell you right now the OP is not eligible for the Drug Court program in Queensland. Drug Court only happens in specified areas in Queensland and is only for people facing a custodial sentence (which OP is not).

Do not take lagger's advice. Get a lawyer, who can sort through the issues (including the weighting of the substance) and find out what you are eligible for, and how to go about asking for it.
 
Is that b y law or what QLD judges actually do. Because they don't follow very strict protocol. have u ever been to court there.
i once got a indictable supreme court case for dealing, which when i went to make my initial plea at local court the lawyer just said it will be done here, i got a good behaviour bond, drug school for 2 hours (which was talking about all the drugs i did while on drugs, then a guy just out of college asks whether you want to goto a addiction specialist or some other kind of therapy)

my lawyer said it didnt make sense.
when i said dont get a lawyer , if you are a good speaker and present yourself well on a first case you sdhould be fine but its always better to get a lawyer but dont be tricked by these arsehole lawyers who say oh thats a 15 year sentence!!! you must bring me $2000 now for your first interview. and end up spending thousands on this lawyer until trial is over.. they will get a good job but the same results can be had with a duty lawyer (try the ones that dont seem too high or drunk)

i have a lot of experience in courts of all states
 
Maybe you've got experience attending court, but you don't understand the various drug diversion initiatives in Queensland. And yes, there is very clear legislation around how the various diversion activities work. The eligibility criteria are not made up on the spot by the judge, it's in the legislation.
 
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yes, not being a violent or sex offender, and no more than 2 prior drug convictions plus drug diversion. im not a violent or sex offender but my drug record is pretty bad and i passed and ivge been diverted 3 times. my lawyer did have to explain my history and he knew i wasnt retarded because i gave my resume basically to him and he saw my education. its all upto the judge

there is no law in qld lol its all corrupt
 
I'm going to side with Flex, the OP needs to speak to a lawyer and find out for sure what his options are and what he could be looking at.

Also it doesn't matter if they were aspirins or M&Ms, if he thought they were illegal drugs that is what he will be charged with (this happened before, there was a thread on a guy busted for trafficking in what were actually M&Ms).
 
There are three types of diversion available in Queensland - QIDDI, QMERIT and Drug Court. Each have different eligibility criteria including: where you are in Queensland, what you're charged with, what other offenses occur in relation to the drug charge, the quantity you're charged with, past criminal history, how you plead etc.

In order to sort through all of that, OP needs a lawyer. The danger is in being found guilty and having a conviction recorded, which can have significant impacts on future employment and travel. It's not something to fuck around with. Lagger seriously, don't post about things you don't understand. If OP followed your advice of just rocking up and "asking for drug court" s/he could face serious consequences.
 
Usernamehere said:
*
My submissions would be like:
- For personal use
- No priors
- Very co operative with arresting officers
- Full time uni student, low income earner

Thank-you! :)
Click to expand...


Might depend on the judge. I remember when I was in court last time I couldnt' believe how lenient this judge was on a uni student. The guy got drunk broke into a car, stole the sound system, & had weed on him when cops turned up.

Guy pleaded guilty & had some hard luck story about splitting up with his gf, getting drunk because of it, and his actions were a result of depression and alcohol. No priors for anything, 2nd year uni student. Not only did judge not find guy guilty (conviction not recorded) as I had expected, the judge didnt even find him guilty. I think the term used was 'expunged the case' . So kid walks out with no conviction, no guility verdict (even though he pleaded guilty) and no fine.

Judge was all about what harm a guilty plea could do to his future. I found it fucking ridiculous he got off that easy. Anyway story not releated to you much except you're a uni student.
 
Flexistentialist said:
Maybe you've got experience attending court, but you don't understand the various drug diversion initiatives in Queensland. And yes, there is very clear legislation around how the various diversion activities work. The eligibility criteria are not made up on the spot by the judge, it's in the legislation.
Click to expand...

fair enough but most of the time neither do prosecution or the magistrate
one example being well after the drug law class changed i was charged with IND. trafficking ghb, possess meth (which wes actually mdma), so i asked for a lab test and my end result since i said the ghb vial was a 50ml dose (in a robitussin bottle) it came down to minor possession, and the tested "meth" came back as mdma which i got possession of a class II when its a class I.

i cannot complain (:
 
If you need a lawyer I know a small good firm that take any case on legal aid besides murder and rape i believe, and they submit for free. its illegal to ask for a fee to submit to legal aid, but a lot of lawyers trick you. you could even just get your QP9 from them and walk out if you want and defend yourself but its best to go with a lawyer.
 
Just ended up going in and seeing the duty officer of the court. Gave details I was fulltime student, low income earner etc. and also had on hand a Character reference letter, Group certificate, and proof of full time study. Duty lawyer just explained to the magistrate it was a one off big night out before I went back to uni, I co-operated, and that I was striving for a bright future with my uni course.

The pills total weight weren't weighed up by the officer, just had 4 pills in total, thank god cause they were bigger than usual. And on the night I got caught I said I payed $15 each (didn't say who from) and the cost was mentioned and read from the QP09.



----Final order----

On 15th February 2011 the Court ordered that the offender entering into a recognisance, the offender in the amount of $150.00, conditioned that the offender must:

(1) be of good behaviour
(2) appear for conviction and sentence if called on at any time during the period of 4 months from 15 February 2011
(3) attend a drug assessment and education session as directed by a Court Diversion Officer;
(i) satisfactorily participate in that session;
(ii) not attend that session under the influence of alcohol or drugs.


ra ra ra .... hereby acknowledge I will pay the amount of $150.00 ... if this recognisance is forfeited.
--------

Good outcome I think? Just got to behave now, hope this helps anyone in future.
 
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