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WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR IMPORTATION OF STEROIDS?

Stuart Miller Solicitors | Possession with intent to supply

Being arrested or charged for the importation of steroids can be a daunting experience, but understanding your rights and the legal process goes a long way to reducing the overwhelm of the whole process. This article will delve into common questions you may have, such as whether you need a solicitor for an importation charge, what potential defences are available, and the likelihood of being granted bail.

Do I need a solicitor for importation of steroids?

 Steroids are classified as controlled drugs under the Misuse of Drugs Act 1971, and importing them without authorisation is a complex and very serious criminal offence. For this reason alone, it is highly recommended that you get a solicitor on side as early as possible. Doing so has numerous benefits for you, as a solicitor is instrumental in:

  • Explaining charges: A solicitor can clarify the nature of the charges against you, including the specific legal provisions you are alleged to have violated, and the potential penalties you face.
  • Gathering evidence: A solicitor will help collect and evaluate evidence, which is vital in building a strong defence. They know how to challenge evidence that has been improperly obtained or is unreliable.
  • Representing your interests: In court, your solicitor can advocate on your behalf, making sure that your side of the story is presented in the most effective and compelling manner.
  • Negotiating plea bargains: If it’s in your best interest, your solicitor can negotiate with the prosecution to possibly reduce the charges or obtain a more lenient sentence through a plea bargain.

What are possible defences for importation of steroids?

 Potential defences include:

  • Lack of knowledge: A fundamental element of many criminal offences, including the importation of controlled substances, is the defendant’s knowledge. If you were unaware that the substances were steroids or you did not know they were in your possession, this could be a viable defence. Proof might include evidence that you were not aware of the package contents when receiving or sending a parcel.
  • Mistake of fact: If you believed you were importing a legal substance and there is reasonable evidence to support your belief, it might be possible to argue that you made an honest and reasonable mistake.
  • Lack of intent: The prosecution must prove that there was intent to import steroids. If your solicitor can demonstrate that there was no intention to import an illegal substance, this may serve as a strong defence. This could involve examining communications, documentation, or other evidence related to the transaction.
  • Duress: If you were forced or threatened into importing steroids, duress may be a valid defence. However, this defence requires a demonstration that a reasonable person in a similar situation would have acted in the same way under fear of harm.
  • Challenging the evidence: Your defence may involve questioning the way evidence was collected or whether it was legally obtained. This includes challenging the reliability or integrity of the evidence if there were procedural errors or breaches in protocol during the investigation.

Will I get bail for importation of steroids?

Importation offences under the Misuse of Drugs Act 1971 are treated seriously and can carry severe penalties, which may make the court more cautious about granting bail. The severity of the charge often influences whether the court perceives you as a potential flight risk or a danger to the public.

Another key factor is the risk of failing to surrender. The court will evaluate whether you are likely to return for future trials or hearings. This assessment includes examining whether you have a stable address, strong ties to the community, or any history of absconding or failing to appear in court. A lack of these stabilising factors could weigh against you when applying for bail.

Your previous criminal record will also play a role in the court’s decision. A history of criminal activity, particularly offences related to drugs or instances where you failed to comply with legal processes, may count against you. The court will consider whether your past behaviour suggests a likelihood of reoffending or disregarding bail conditions.

The court will also assess whether releasing you on bail poses a risk to public safety. This consideration depends on the specifics of your case and your personal background. If the court believes that your release could endanger others or obstruct the course of justice, it may be less inclined to grant bail.

Will I have to go to court if I’m arrested or charged for importation of steroids?

 If you are found to be importing steroids for personal use and in reasonable quantities, the authorities may choose to issue a warning rather than pursue criminal charges. However, if there is evidence suggesting intent to supply or if the quantity exceeds what is considered reasonable for personal use, it is more likely that your case will proceed to court.

The decision to go to court is influenced by factors such as:

  • The quantity of steroids imported
  • The presence of evidence indicating intent to distribute or sell
  • Prior criminal records, especially related to drug offences
  • The nature of the investigation by customs and/or police agencies

In some cases, individuals who acknowledge their guilt early and cooperate with the authorities may receive a caution, particularly if it is a first offence. That said, understand that each case is unique and the outcome can vary considerably based on its particular circumstances.

Will I go to jail if found guilty of importation of steroids?

 Not every conviction for importation of steroids leads to imprisonment. Indeed, several factors influence whether a custodial sentence is imposed:

  1. Quantity of steroids: The amount of steroids involved in the importation plays a critical role. Larger quantities may suggest intent to supply rather than personal use, which could carry heavier penalties.
  2. Intent: The court will consider whether the importation was for personal use or for supply to others. Supplying steroids often results in harsher sentences compared to possession for personal use.
  3. Criminal record: Your previous criminal history can impact the sentencing. A clean record might result in a more lenient sentence, whereas previous convictions, especially related to drug offences, could lead to a stricter penalty.
  4. Cooperation and plea: Demonstrating cooperation with the authorities and entering an early guilty plea might mitigate the sentence. Courts tend to view cooperation as a sign of remorse and willingness to take responsibility.

Will I go to jail if it’s my first offence of importation of steroids?

The penalties for importing steroids can range from fines and community orders to custodial sentences, depending on the circumstances of the case. For first-time offenders, the court will take into account the following key factors:

  • Quantity of steroids: Importing a large quantity may indicate an intent to supply, which is treated more severely than importation for personal use.
  • Purpose of importation: If the steroids were intended solely for personal use, this could result in a more lenient sentence.
  • Mitigating factors: Demonstrating remorse, cooperating with authorities, and having no prior criminal record can work in your favour.

While imprisonment is possible, first-time offenders with mitigating circumstances may receive alternative penalties, such as a fine or suspended sentence.

Can I get Legal Aid for importation of steroids?

 Legal Aid can cover all or part of the costs of legal assistance. However, eligibility for Legal Aid depends on several factors, including your financial situation, the specifics of your case, and whether it is deemed to be in the interests of justice for you to receive Legal Aid.

Your case will be assessed under the:

  • Means test: This test assesses your financial situation, including your income, savings, and assets. If your financial resources fall below a certain threshold, you may qualify for full Legal Aid. If your income is slightly above the threshold, you might still qualify but may need to contribute towards your legal costs. Those receiving certain benefits, such as Universal Credit or Income Support, often meet the financial criteria automatically.
  • Merits test: The merits test determines whether it is in the “interests of justice” for you to receive Legal Aid. This includes evaluating the seriousness of the charge, the complexity of the case, and the potential consequences if you are convicted. For importation of steroids, which can carry severe penalties, the merits test is often satisfied, as the case may involve significant legal complexities and the risk of imprisonment.

If you are considering applying for Legal Aid, contact a solicitor who can guide you through the application process and help demonstrate your eligibility, ensuring you have access to the legal support you need.

Where to get more help

 Facing criminal charges can be an overwhelming experience, but understanding your rights and options is crucial for a strong defence. Every case is unique, and seeking professional legal advice can significantly impact the outcome. At Stuart Miller Solicitors, our experienced team is dedicated to providing expert guidance and support throughout your legal journey. If you need assistance or have questions about your situation, don’t hesitate to get in touch with us today.

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