Being Arrest With Possesions Whats The Outcome?

[AussieRaver]

would anyone be able to help me out bout knowing what mite be the sentence for a first time no offence victim got caught by police with round 60 pills on him/her and they get taken down to the police station and have to go to caught in 3 weeks?

 

[Runner]

What is the charge?

I assume there would be 2 charges. If all pills were in one bag or whatever, the charge would just be "Possession with intent to sell or supply". If there were some individual pills on the person, there would be an additional charge of possession.

60 pills is a shitload as far as the law is concerned but not enough to constitute trafficking.

You or your mate should be prepares for the following:
* A serious criminal record
* A fine in the range of $1000 for the possession charge
* A jail term of around 6 months to a year of which only a third is served, plus elegibility for parole, plus conditional release all of which will most likelly result is only doing a month or so for intent charge.

* On the bright side, if you or your mate is lucky, it is not uncommon to receive a suspended sentence where you don't actually go to jail, but if you do anything in the time, you'll go to jail.

* With a good lawer, this is quite possible as no one wants to crowd jails with first time offenders.

* The main thing is don't give up hope. Ring a lawer from the phone book.
First consultation is free. The lawer will then instruct you to contact police and get a "Statement of material facts". You need this to contact legal aid and organise the payment to the lawer. You will have to pay legal aid back later on with time. They will pay the lawer something in the range of $120/h where lawers are used to something like $200/h. So a good idea might be to pay the lawer a little extra of your own cash if the case isn't straight forward and the lawer has to do a bit of work. This is when you will thank yourself you have been putting away cash from the bizo and not splashing it out like a dick.

* Basically, whats on your side is that its a first offence, and first time offenders are looked on fairly liniently.

 

[Dirty_Deed]

A smart individual once told me, if you're serious about dealing drugs, try to put a 5-10 grand retainer on a good atorney

It's good advice, no?

 

[SkiNLaB]

Not 2 do with this thread, but i wanted a quick answer on this question and its not whole thread worthy.

if someone a is driving his/her car and for some reason or other that car is searched, and passengers b and c have illegal substances on them, but driver a doesnt, does the driver get busted for anything?

 

[Pleonastic]

^^^
I'd assume that it'd depend if the passangers kept the stuff on them, or were total pricks and dumped it all on the floor. If the latter is the case, then I guess you'd have to prove in court beyond a reasonable doubt that the drugs weren't yours. Which is most likely something you'd need an expensive lawyer for (so either way you're fucked over).

 

[planet dweller]

Something to remember, the police don't need a lot of cause to search your car however searching your person is a whole new ball game, they need a very good reason.

Here in Victoria they are still a bit gun shy on personal searches, even though the Tasty saga is well and truly over.

The motto being, don't drop it on the floor, in the car at least, on a dance floor though that would be me.

 

[SkiNLaB]

/me notes 2 self not 2 drive any dodgy ppl who have stuff on them.

 

[Urbanhog]

Usually, the more pills you have on you, the deeper shit you are falling into..... 60 pills is a lot... bit too much for "personal use".

 

[RobertRollie]

What is the charge?

I assume there would be 2 charges. If all pills were in one bag or whatever, the charge would just be "Possession with intent to sell or supply". If there were some individual pills on the person, there would be an additional charge of possession.

60 pills is a shitload as far as the law is concerned but not enough to constitute trafficking.

This is incorrect. More than 20 is a trafficable quantity. Altho this may vary depending on the state you are in, since most states and territories have their own legislation on drugs. There is a commonwealth Narcotics Act tho, altho i believe this is mostly to do with import and export, if you get charged under the commonwealth act the penatlies are alot tougher.

a friend of mine was busted in canberra with 3 pills last year and was charged with 'possession of a drug of dependence' under the ACT drugs of dependance act. They had a previous record for un unrelated offence some years past in NSW. He was convicted with no sentance and released on a good beahviour bond for $300 over 12 months.

60 pills however is alot more than 3, and is almost certainly a trafficable quantity in any state in australia. The charge will also depend on the circumstances of the bust. If he was busted with 60 pills in one bag then it will most likely be possession (which has max sentance of about $2000 and 2 years in jail) with intent to disribute (which has a max sentance of about $20000 with 20 years in jail). If he was busted with 60 pills in 10 bags, then he may be also charged with conspiracy to supply or something, which i dont know the sentancing for but basically they get you with a separate count for each bag they find, and the penalties are much stiffer again.


The best advice i can give is to see a lawyer, at least once. They will show you the exact piece of legistaltion you are being charged under, tell you what the likely sentance will be and what your options are. you can go from there.