What does dangerous drug possession mean

When drug charges are contested, the prosecution will normally obtain a drug analyst certificate to identify and prove the amount of the relevant drug. You may wish to request a drug analyst certificate if you dispute the substance was a dangerous drug or if it is a minute quantity. This means that if all you possess is a bag with residue, you may be able to defend the charge.

The most important factors in relation to sentence are the quantity of the drug you possessed, what drug it was and whether it was for a commercial purpose or personal use. Generally, possession charges can be resolved in the Queensland Magistrates Court. This is where you are sentenced to a good behaviour bond and ordered to attend a group drug counselling session.

Penalties in the Magistrates Court for a small amount of drugs for personal possession range from good behaviour bonds to probation, while penalties in the District Court or Supreme Court for commercial possession can include periods of actual imprisonment. This article is of a general nature and should not be relied upon as legal advice. Previous Article Next Article. Brad D. Smith Partner View Profile. Amy M. Todd Romero View Profile. Joshua Kolsrud View Profile.

Eleni Perdikakis View Profile. Robin Puchek View Profile. Our Attorneys. Our team has in-house Private Investigators that are retired from law enforcement. We are aggressive and honest in our pursuit to uphold your rights.

We are a devoted and highly rated team of professional advocates. We will review your case for FREE in an initial consultation. Our firm has recovered millions of dollars for our clients. Our defense lawyers are fluent in both English and Spanish. Our attorneys have worked on the other side of the courtroom. Additionally, if the prosecutor does find that you have two prior felony drug convictions, regardless of the type, then they will not allow you to be Prop eligible for a third offense.

In addition, if the defendant has the statutory threshold amount of the Dangerous Drug, it creates a presumption that the defendant has intent to sell the drugs , which bumps up the felony range and length of potential incarceration even further. The defendant was completely unaware that there were drugs in the area. This is accomplished by skillful cross-examination. Crucial to any possession or use charge is suppressing the drug evidence.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse.