Thank you for visiting our website and considering if Clarity Law might be a good choice to assist you with your drug charge in the Caboolture Magistrates Court. We understand the stress and concern you will be feeling about the charge and what will occur. We want to assure you that if you engaged us we will do everything we can to make sure you understand clearly what is likely to happen with your drug charges, how much exactly you will pay for legal fees and to be there with you at Caboolture court to take care of your criminal charges.
Drug charges have the potential to affect you for many years as the recording of a conviction can restrict your ability to travel oversea and ability to obtain work or contract your services. It takes experienced lawyers who really knows the drug laws and the courts to get the best outcome.
Where is Caboolture Court?
30 King Street
The current list of Magistrates at Caboolture are;
Our Local Office
North Brisbane Serviced Offices
3/22-24 Strathwyn Street, Brendale 4500
Please always phone ahead to book an appointment, due to COVID we can’t accept walk in clients at the current time. We cover all courts in the Brisbane region with criminal law solicitors available to assist you. In many circumstances we can do everything by phone or email so you wont even need to attend our office.
Every one of our lawyers is extremely experienced appearing in the Caboolture Magistrates Court every week representing people on a huge range of criminal charges from traffic offences to drug charges, assault charges and stealing and fraud offences.
Belinda Smyth – Client Services Manager
Between our lawyers we have appeared in court thousands of times representing clients with drug charges.
Since 2010 we have been representing people throughout the Caboolture region who have been charged with a drug offence and needs a good criminal lawyer to represent them. We aren’t a criminal law firm that does criminal law as just one area of law, we do criminal law exclusively.
Our client’s often come to us nervous, worried and needing answers. This is not a time for uncertainty over your future nor the costs you will pay. The stress that a criminal law charge causes to people can be overwhelming, having a lawyer to help will give you a lot of relief.
We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs. While we will never be the cheapest we do offer the best value in our humble opinion.
Our prices include;
- full preparation for court and devising strategy to minimise the penalty
- negotiations with the police prosecution unit including obtaining history and charge documents
- preparing for what we will tell the Magistrate
- advising you on how to obtain character references
- all telephone calls and emails
- detailed information to you on the penalty and information on what will happen at court and afterwards
- appearing in the court with you to conduct a guilty plea
What type of drug charges do you undertake?
We undertake every type of drug offence.
The law stipulates that a person who unlawfully possesses a dangerous drug is guilty of a crime. The prosecution has to prove beyond reasonable doubt, that
- the thing in question was a dangerous drug
- the person had it in his/her possession.
It is not necessary to particularize the dangerous drug which the person is alleged to have possessed. It is sufficient if the court is satisfied that the drug was a dangerous drug, even though the prosecution was unable to give a satisfactory account as to the identity of the drug to the court.
The prosecution has to prove that the drug was in the possession of the defendant at the material time. In law, the idea of possession is quite different from the idea of ownership. Possession is the physical control or the custody of the thing concerned, and therefore it would be sufficient if the prosecution was able to prove that the alleged person had the physical control of or the dominion over the drug concerned, at the material time. It would not be relevant whether the alleged person was the real owner, or whether they had the intention of consuming it. The following are some of the defences available to a person charged with a possessing a dangerous drug;
- If the defendant can prove that he or she was not aware, reasonably and honestly did not believe or had no knowledge or reason to suspect that the drug in question was in his possession.
- That the defendant was under duress at the material time.
The penalty for the possession of dangerous drugs depends on the type and the quantity of the drug and certain other considerations such as whether the defendant is drug dependent. The maximum sentence is 25 years imprisonments
The Magistrates Court can only deal with certain possession charges where the prosecution is not alleging any commercial intent with the possession and the amount of the drug is less than the limits in schedule 4 of the Act. Dangerous drug cases are dealt with in the District or Supreme Court where the amount of drugs exceeds the limit of the Magistrates Court.
In most cases of simple possession of a small amount of drugs a first time offender can expect to receive a fine or drug diversion. If a fine is imposed the court must decide whether to impose a conviction or not. If drug diversion is imposed no conviction will be recorded.
According to Section 8 of the Drugs Misuse Act, a person who unlawfully produces a dangerous drug is guilty of a crime. Again it is the duty of the prosecution to establish beyond reasonable doubt that the alleged person actually produced the drug in an unlawful manner and that the drug is one specified in Schedule 1 or 2 of the Drugs Misuse regulations 1987. However, the sentence the convicted person will receive depends on several factors.
- The type of the drug as specified by Schedule 1 and 2,
- The quantity of the drug, and
- The purpose of producing the drugs.
The maximum penalty is 25 years imprisonment. However, the court usually considers all the other relevant factors when sentencing the person convicted of the offence and therefore the sentence can be reduced to in most circumstances.
These types of offences can range from growing a small amount of cannabis to producing schedule 1 drugs in a drug lab.
A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, commits the offence “supplying dangerous drugs.”. To convicted of a charge of a supplying drugs charge the prosecution has to establish that;
- The thing was one specified as a dangerous drug by the Drug Misuse Act 1986,
- The drug in question was unlawfully supplied, and
- The alleged person was actually the supplier.
The word “supply” is broadly defined and means;
- to give, distribute, sell, administer, transport or supply
- any offer to do any of those acts and
- doing or offering to do any act preparatory to, in furtherance of or for the purpose of any those acts.
Penalty for the offence of supplying dangerous drugs depends on two factors.
- The schedule which specifies the drug is question.
- Whether the supply of the drug leads to an aggravated offence in the circumstances.
The charge will in most cases be dealt with in the District court for the supply of a schedule 1 drug or the Magistrates court for the supply of a schedule 2 drug.
This is the most serious of all the drug charges. It involves supplying drugs as part of a commercial operation. In most cases the police will have attempted to intercepted phone calls and texts to provide the commercial intent.
The charge will start off in the Magistrates Court but will be transferred or committed to the Supreme Court to be resolved.
Possession of utensils
Section 10(2)(a) of the Drugs Misuse Act (Qld) makes it illegal for a person to possess anything ‘in connection with the administration, consumption or smoking of a dangerous drug’. Most commonly these are water pipes, scales and bags and bongs.
Why should I choose you and not just represent myself?
We understand that many people do just represent themselves in court rather than engaging a criminal law firm. The duty lawyer will often represent people for free however understand that the duty lawyer is often very busy and can only spend a few minutes with each defendant. They cannot possibly fully prepare each matter and consider all the variables.
We get calls every week from people who have represented themselves and had a terrible outcome and are now desperate to try and do something to overturn the decision. Just some of the reasons to engage Clarity Law as your criminal lawyer includes;
- We have appeared in Caboolture hundreds of times this means we know what the Magistrates want to hear to minimise the penalty
- We can often get no conviction recorded so you are not impacted financially in the future by having your job prospects restricted or travel plans affected due to having a conviction recorded
- We are there to look after your interests, neither the Magistrates nor the Police Prosecutor is going to do that, you need someone on your side
- We can take you through the whole process so you are not worried what will occur in Caboolture court as we would have explained everything to you and will be with you at court to assist you. This will dramatically reduce your stress levels
- Engaging us shows the court you are taking your charges seriously
What do you charge?
If you contact us we will give a no obligation fixed price quote so you know exactly what you will pay. We dont offer legal aid as we cant provide a proper help to clients with the amount legal aid pays.
Links that may be of assistance
How to get in Contact with us
If you want to engage us or just need further information or no obligation advice then you can either;
- use our contact form and we will contact you by email or phone at a time that suits you
- call us on 1300 952 255 seven days a week, 7am to 7pm
If I contacted you what would occur?
If you contact Clarity Law then Steven Brough the firm’s founder or our client services manager Belinda Smyth will take the call or receive the email. They have over 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. You won’t need to explain everything to a receptionist just so they pass the message on to someone that can help you. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your criminal charge, all at no cost and no obligation.
If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results.
More Criminal Law Information