Can you Defend Possession of Prohibited Drugs if found in your Vehicle?
Possessing drugs can be a serious charge, depending on the amount and the type of drug found in your vehicle.
Did you know the drugs were in the vehicle?
Just because the drugs were located in your car does not mean you are automatically guilty of the charge. You also have to be aware that the drugs were in the vehicle.
Some examples as follows:
If someone else left the drugs behind in your car without telling you and you were unaware of it, you may be able to defend the charge.
Similarly, if another person drives your vehicle and drugs were subsequently located, you may also be able to successfully defend the charge.
Another example is, if the drugs were located in the boot of your vehicle and you did not have keys at the relevant time, you may also be able to defend the charge.
Was the vehicle searched by police legal?
You must understand that police are not allowed to randomly stop vehicle and search for prohibited drugs.
Police have to have reasonable suspicion that illegal drugs are in the vehicle before they stop and search your vehicle, otherwise, it becomes an illegal search and you may be able to successfully have your charges dropped.
Seeking legal advice is crucial because in certain cases, it is possible to plead guilty to drug possession but request that your case be dealt by a section 10 dismissal or conditional release order without a criminal record.
If you or anyone you know has been charged with possessing prohibited drugs in the vehicle, call Criminal Lawyers Sydney on (02) 9152 8619 for a free first appointment.