Legal Matter Involving Drug Charges
The client’s partner was arrested in 2024 in New South Wales for a drug trafficking offence involving a considerable amount of a controlled substance. He is currently imprisoned and does not have legal representation, with no prior drug-related convictions. Evidence includes telecommunications records and the substance itself. The client and her partner are dealing with emotional distress related to the situation, especially concerning their young child, and there is an upcoming court date set for 2025.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for a drug trafficking conviction in New South Wales?
In New South Wales, drug trafficking offences involving substantial quantities can carry serious penalties. A conviction for trafficking a commercial quantity of a prohibited drug could lead to a maximum penalty of life imprisonment and/or a fine potentially reaching hundreds of thousands of dollars. Factors such as the quantity of drugs involved, the offender's role, and any prior criminal record are considered during sentencing. The absence of prior convictions may be beneficial during the proceedings.
Are there any specific defences available for drug trafficking charges in this case?
Defences against drug trafficking charges in New South Wales can include arguing a lack of knowledge about the possession of the drugs or challenging the evidence against the accused. Additionally, defences may involve questioning the legality of the drug search or raising issues of coerced involvement or duress. Legal representation is vital to explore these potential defences thoroughly.
How does my partner's status as a New Zealand citizen affect his legal situation and potential outcomes?
The partner's status as a New Zealand citizen may impact his legal situation, particularly if a serious conviction is secured, as it could lead to potential deportation under relevant migration laws. This status might also limit access to certain legal aid services compared to Australian citizens. Engaging a lawyer with knowledge in both criminal and immigration law is important for navigating these complex issues.
What are the steps and timeline involved in appealing a drug trafficking conviction in New South Wales?
To appeal a drug trafficking conviction within New South Wales, an appeal notice must be filed within a designated time frame post-conviction. The appeal process is structured and typically begins with an initial assessment by a single judge followed by a potential formal hearing before a panel of judges, which can take several months. This timeline depends on the specifics of the case and the court's agenda.
How can I support my partner through this legal process, both emotionally and legally?
Support can be provided by securing a lawyer who specializes in drug offences to assist with legal navigation. Emotionally, maintaining communication through letters or visits is crucial, alongside considering professional counseling for stress management. Engaging family members for additional support can also be beneficial.
