There’s no doubt that the law courts are very frightening, especially if you are found guilty of being involved with drugs. Typically, those that get a conviction are handed a tough prison sentence.
It’s imperative that you engage a competent criminal law solicitor who will support you. Their knowledge and experience at defending in drug cases can make all the difference to your future. By seeking legal advice early on, you may even be able to get the case dismissed before it progresses to court.
A strong possibility is that the police already have evidence of you being involved in a serious drugs offence. They may have surveillance camera proof or have used undercover police officers to catch you out, or maybe you were stopped and searched. This is a situation where the advice of an experienced legal team can give you significantly improved chances of not being convicted of a drugs offence.
Feeling worried is a natural response to a situation of this nature. We’ve put some questions and answers together with the aim of giving you both the emotional and practical support that you need right now.
If you have any questions that you cannot find an answer on this page, feel free to contact us for further guidance. We are always happy to speak with you about what to expect and which steps you should take.
Have you been arrested or charged for drug offences?
The police will want to interview you about what happened. It’s essential that you do not attend a police interview without first having taken expert legal advice. You can also arrange for the lawyer to accompany you to the police interview.
If you or somebody close to you has been arrested or charged in connection to drugs offences investigation, it’s understandable if you feel stressed out, worried and frightened. The outcome of the investigation will be on your mind. If the case does not come to a positive conclusion, you could be imprisoned and unable to provide for your dependents or pay your mortgage payment.
In drug distribution, production and supply cases the police often inflate the commercial value of the drugs which has a direct impact on any sentence a court will pass as well as creating a false narrative to any potential jury hearing the case.
Engaging a competent drug offences solicitor is vital to obtaining a positive outcome for both yourself and your dependents.
What type of actions are considered drug offences?
There are several drug-related offences, and your case may involve you being part of any of the following categories of drug offences:
- production including cannabis cultivation
- occupier – permitting premises to be used
- opium related
When passing sentencing for any of these drug offences, the evidence will be classified as being in one of four categories. These categories examine areas such as the class of drug, the quantity of the drug, and the role the individual played. Whether the offender has been previously convicted or has entered pleas prior will not be considered.
Whatever your unique circumstances are, it’s critical that you do not attend a police interview without being accompanied by an experienced solicitor with first-hand knowledge of defending drug offences. You may be invited by the police for a ‘chat’, or they will tell you that they want you to explain to them your version of events. Whether it’s a telephone conversation or a meeting, do not speak to the police without a lawyer. Any communication could be used as evidence to prove you’re guilty.
In summary, it’s essential that you take a qualified, skilled and experienced legal representative with you to the police station. Without doing this, you could put yourself at risk of being convicted.
What happens in a drug offences investigation?
Being involved in any investigation, whether for drugs offences or something else is highly stressful. You’ll understandably feel worried and anxious of the very lengthy sentences and other financial investigations against you. You’ll also worry whether you’ll be able to provide for your dependents while you’re in prison. Your entire life will feel upside down and uncertain.
The police are likely to want to speak with you. If you haven’t already been arrested, they will ask you to the police station for a police interview. Under no circumstances must you attend a police interview without being accompanied by a legal professional.
You may have been falsely accused drug offences
In some cases, our clients have been falsely accused with drug offences. It’s possible that there has been some confusion about who is involved. If this sounds like something that has happened to you, we may be able to get your case dismissed before it reaches court.
Without a lawyer, you cannot find out more until the interview
You’re very unlikely to be told why you’re being investigated or any other details about your case until you are at the meeting and in a situation where you can be questioned and have your responses recorded.
What many people find challenging is when law enforcement officers are permitted to investigate every area of your life. This includes access to private information such as data on your phone, social media accounts and email. The purpose of the search is to obtain evidence to prove that you committed a crime. Any evidence collected by the law enforcement officers can be used against you in court in the prosecutor’s mission to secure a conviction.
Instruct a legal professional as soon as possible
Successful results in drug offences cases require very early intervention to get the charge dismissed. Sometimes negotiating with the prosecution means a more positive outcome. It is critical that you engage a drug offences solicitor very early in the case. You will receive guidance on what is best for you to say in response to when the police are interviewing you, you will be informed of the entire court process and you will always feel somebody is ensuring that your case gets the best possible outcome.
Can the police search my home?
The police will request a search warrant so that they can look for evidence in your home or another venue. If they suspect that you have been manufacturing drugs, they may want to visit your workplace or wherever the manufacturing has been taking place. If they believe you may have been allowing people to occupy your property to manufacture, cultivate, sell or distribute drugs, they will want to visit the property in question. As law enforcement officers, they will be seeking proof to secure your conviction for any drugs offences.
Could you go to prison for drug offences?
If your drug offences case reaches court, you are found guilty and convicted of this crime; you are likely to be handed a stiff prison sentence. In addition, the police will want to confiscation any money or assets you may have by way of confiscation proceedings.
What type of sentence could you get for drug offences?
Drug offences are referred to in the Misuse of Drugs Act 1971. Drugs sentencing guidelines elaborate on the type of sentences that are likely to be imposed and the reasons for the very lengthy jail terms that are usually handed out.
The severity of the sentence depends on the role attributed to you in the drugs offences case, combined with the quantity involved and the nature of the operation. The Sentencing Guidelines Council has produced definitive guidance for drugs offences, including the production of drugs.
The sentences could range from a ‘discharge’ to a maximum of 20 years custody, depending on what the role is that you played.
Read more about possible sentences for drug offences.
What mitigating factors may be considered in sentencing?
When sentencing for drug offences, your case will be examined closely. The class of drugs, the quantity and your role will be inspected to determine what the most suitable sentence should be. Every case is studied on an individual basis.
We handle drug offences cases regularly and have in-depth knowledge and experience in this field. We can help you by recommending the best course of action to take to mitigate the outcome. No matter what size your case is, get in touch.
Does a conviction for drugs offences go on your criminal record?
If your drugs offences case is heard in court and you are convicted of the crime, your conviction will be recorded on your CRB / police record.
The period of the endorsement will depend on the nature and length of the sentence imposed on you.
In addition, you will most likely face confiscation proceedings and the prosecution will seek to strip you from your assets or demand a further and additional term of imprisonment for not paying the money.
Use a drug offences solicitor who is competent and experienced, and there is a good chance that they may even get your case dismissed before it reaches the court stage.
How Can Stuart Miller Solicitors Help?
For the last three decades, our criminal defence lawyers have successfully represented individuals accused of all manner of drug offences. This includes everything from the production of drugs such as MDMA, cocaine, crystal meth and ecstasy to being accused of being involved in a drugs crime that you did not do. Armed with a detailed knowledge of RIPA 2002 and search and seizure laws, we will do all we can to terminate the prosecution at its inception. Our criminal defence lawyers energetic, dynamic and eager to deliver creative solutions for the best possible outcome.
Our criminal defence lawyers have significant experience of classification of drugs and have a tactical understanding of how to defend our clients in these cases. We appreciate the allegations may involve others whom you may or may not trust. Others who may have a leading role compared to you or a lesser role; but others who will also be doing anything they can to avoid a long stint in prison.
Assets & Confiscation
Should you be charged for any drug offences that involve making money and have savings or valuable assets, the prosecution will seek to restrain your assets pending the conclusion of the criminal trial. Here, our solicitors will assist to obtain proper funding for your living and legal expenses. They rightfully have the reputation of “leaving no stone unturned” in the defence of the client.
If there are financial confiscation orders in place after a conviction, our solicitors have vast experience of challenging the ‘benefit’ figure and have successfully challenged various assumptions in confiscation proceedings.
How we defend
Preparing against the possibility of someone you know giving evidence against you or defending themselves in a way which causes detriment to your case is an extremely important role for your drugs offences lawyers. While it is essential that the prosecution evidence is methodically analysed, that illegally obtained evidence is contested and drug valuations or mobile phone cell site evidence is thoroughly challenged; it is also fundamental to prepare you for the day you may be called to give evidence yourself.
Cases often make or break on the back of two issues. The first is exceptional lawyering which empowers knowledgeable criminal defence lawyers to make legal arguments about the evidence or the charges and the second is your ability to give evidence credibly in the witness box. Our lawyers will guide you through the entire, case, they will discuss the critical strengths and weakness of the prosecution case with you and ensure you are familiar with the prosecution case. They will prepare you to give evidence to maximise your chances of persuading the jury of your innocence. Simultaneously, we will be looking for legal defects to challenge the lawfulness of the prosecution continuing at all.
Please contact us and ask to speak to our lawyers about any drugs offences to arrange a meeting, whether in person, online or by telephone. If you prefer, you can WhatsApp us from the link you will find at the bottom banner if you open this page on your mobile phone device.
What will happen when I instruct a drugs offences solicitor?
In order to ensure that the investigation process goes in your favour, it’s essential that you take early action to secure a drugs offence solicitor. The outcome is likely to be a more favourable and positive outcome than you may achieve otherwise.
You will feel a lot more at ease about the situation as you’ll know that we are handling it for you. We have a specialist team who are very up to date on benefits rules and regulations.
Would you like to discuss your case before instructing us?
If you’d like to have a no obligation chat with us before you instruct us to take your case, then call us today.
In addition to giving you a free consultation, we can also represent you at the police station if you’ve been arrested. We can look at securing your legal aid.
Please contact us for a face to face meeting or a telephone call. There is a WhatsApp link on this page if that is your preference.