Drug Possession Adjournment Request
The client has a court appearance scheduled for tomorrow in Victoria and is seeking to have it adjourned. The case involves a drug charge specifically for possession of approximately 20 grams of cannabis. The client is inquiring about the possibility of postponing the court date due to unspecified reasons at this time. Additional details have been offered if necessary.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I apply to have my court appearance adjourned, and what reasons would be considered valid for an adjournment?
To apply for an adjournment of your court appearance in Victoria, you will need to file an Application for Adjournment with the relevant court. This can usually be done in person, by mail, or sometimes online, depending on the court's procedures. Valid reasons for an adjournment might include needing more time to prepare your case, unforeseen personal emergencies, health issues, or the unavailability of a crucial witness or legal representative. It’s important to provide supporting documentation for your reason, such as medical certificates or a letter from your lawyer. The court will consider if an adjournment is in the interests of justice.
What are the potential penalties for possessing approximately 20 grams of cannabis in Victoria?
In Victoria, possessing around 20 grams of cannabis can be considered a summary offence under the relevant legislation. Typically, if it is a first offence and the individual has no prior criminal record, the court might impose a fine or community service. However, penalties can vary depending on the circumstances and any aggravating factors. If the matter is more serious or the individual has prior offences, penalties can include a larger fine or a term of imprisonment. The court has a degree of discretion in sentencing.
Are there any diversion programs or alternative sentencing options available for a minor drug offence like this?
In Victoria, there are diversion programs available for minor drug offences, such as possessing cannabis. Programs that allow offenders to avoid a criminal record by completing certain conditions, such as drug education or community service, are available. Eligibility depends on factors like the nature of the offence, the individual's criminal history, and the magistrate's discretion. It's essential to discuss these options with a solicitor who can provide guidance based on your specific circumstances.
What should I expect to happen at my court appearance if the adjournment is not granted?
If your adjournment request is not granted, expect your court appearance to proceed as scheduled. The magistrate will formally read the charge against you and you will be asked to enter a plea of guilty or not guilty. If you plead guilty, the magistrate may proceed to sentencing. If you plead not guilty, a date will likely be set for a hearing where evidence will be presented. It is advisable to have legal representation to ensure your rights and interests are protected.
How might this charge impact my criminal record and future opportunities?
A conviction for possessing approximately 20 grams of cannabis in Victoria could be recorded on your criminal record. This record can impact future employment opportunities, as many employers conduct background checks. It might also affect your ability to travel internationally, as some countries have strict entry requirements for individuals with drug convictions. Depending on your circumstances, such as if it's a first offence, you might be eligible for a diversion program, which can prevent a conviction from being recorded.
