How can my lawyer get my drug case dropped?
If you have been charged with a drug offence, and there is reason to suspect that police have not acted according to the rules, or that the evidence is faulty, you might be able to get your drug case dropped.
Here are some ways that the experienced drug defence lawyers at Sydney Criminal Lawyers get drug cases dropped.
Getting case dropped due to illegal seach
One of the most common reasons for a drug case to be dropped is due to an illegal search by the police.
Contrary to what many people believe, the police are not legally allowed to search vehicles or individuals for drugs on a random basis.
For a search to comply with the rules, NSW police have to have reasonable grounds to believe that you have drugs on your person, or in your vehicle, at a particular time. If the police fail to do this, and they find drugs, your drug case might be dropped.
Suspicion on reasonable grounds involves there being some factual basis for the suspicion – beyond just a possibility. Examples of this can include where it appears a drug transaction has just taken place, if police have received a report with a description matching you or your vehicle, or if you have been seen trying to conceal or throw something away.
Suspicion on reasonable grounds does not include situations where police are patrolling known drug areas, and decide that someone looks nervous, or decide they appear to be agitated during a random breath test.
If our drug lawyers believe that a search was illegal, we will write to police and request withdrawal of the charge on that basis, or argue in court that the case should be dismissed due to illegal search and, in some cases, ask that police be ordered to pay our client’s legal costs.
Writing to Senior Police for charge to be withdrawn
If we believe you have a case for getting the charges dropped, we will draft and send an in-depth letter to the local area commander of police to formally request that the charges be dropped.
If they refuse, we will argue the matter in court on your behalf, as well as seeking legal costs to be awarded in your favour.
Effective preparation for defended hearings
Our drug lawyers are vastly experienced in defending drug cases.
We will carefully review all materials and – in many cases – force police and other organisations to give us materials that have not been received.
We attend incident scenes to assess the likelihood of the incident occurring as police allege, and the legality of any search.
We often get experts and other witnesses to give opinions about various matters, which can make a great difference in court.
We will prepare thoroughly for your defended hearing, and make sure that everything is done to achieve the most positive outcome.
Fighting for you in Court
Sydney Criminal Lawyers will fight to have your case dismissed in court.
We have an excellent track record of having drug cases dismissed, and legal costs awarded in our clients’ favour.