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Gday, I live in WA and have been charged with being in possesion

 
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  • Answered by:Sydney-Lawyer
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Customer Question

Gday, I live in WA and have been charged with being in possesion of a prohibited drug less than 3gr of cannabis and approximently 5oz of fake weed or synthetic cannibenoids. I have to be in court on the 25 07 2012 how serious is the charge? It was seized on 04/12/2011 at which time it was not illegal I was under the impression it was legal as u can buy it over the counter at shops. I am very concerned of having this on my record preventing me from future employment and moving out of the country. I was charged with 8 counts and don't know weither to pled guilty or not guilty. Is this a felony or less? Should i retain a lawyer or just plead guilty again I don't want this on my record. Thank you for your response. J

Submitted: 312 days and 13 hours ago.
Category: Australia Law
Value: AU$83
Status: CLOSED
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Expert:  Sydney-Lawyer replied312 days and 13 hours ago.

Good Evening


Can you please provide me with the section and the Act that you are charged under?


Customer replied312 days and 12 hours ago.

8 misuse of drugs act 1981 section 6[2] It aslo says these substances are listed in Appendix A in section 9 of the Poison Act 1964, therefore considered "drugs of addiction" under s4 of the misuse of drugs act 1981. I am thinking of pleading guilty and asking for it not to be put on my record as it is a first offense. Is that offer only available at the beginning of a court case I have a clean record and was addicted and have not touched the stuff since I got in trouble.

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Expert:  Sydney-Lawyer replied312 days and 12 hours ago.

Do you have any similar convictions on your record?


Customer replied312 days and 12 hours ago.

No i have a clean record one seat belt fine 6 yrs ago

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Expert:  Sydney-Lawyer replied312 days and 12 hours ago.

Good Evening,


The penalty is a maximum of $2000.00 or imprisonment of no more than 2 years or both.

Now I don't understand why there are 8 counts of the offence. This means that they are charging you with 8 different offences under the same act and the court can sentence you 8 separate times.

Pleading guilty is a good idea because they have evidence that the substance was in your possession.

I would suggest that you contact a solicitor practices in criminal law and have them assist you in this. Before you go to court they should be contacting the police and seeing if they can arrange for some of the charges to be dropped or withdrawn.

I do not believe the court will show leniency, because of the 8 counts and also because I have not seen the fact that the police are relying on to bring the charges.

You should contact the Law Society of Western Australia and get a referral.

The website is as follows:

http://www.lawsocietywa.asn.au/

I believe if the solicitor can withdraw some of the charges there is a possibility you may be able to have the matter dealt with no conviction being recorded as it is a 1st offence.

The link with the penalties is as follows and you should look at the part that letter (e)

http://www.austlii.edu.au/au/legis/wa/consol_act/moda1981184/s34.html

is not a simple matter but it is a matter that I can advise should be taken to a solicitor to assist you.

I hope this is of assistance. If you have any further queries please not hesitate to contact you.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

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Customer replied312 days and 12 hours ago.

is that $2000.00 per charge

Accepted Answer

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Expert:  Sydney-Lawyer replied312 days and 12 hours ago.

Good Evening


Yes. It is $2,000.00 per charge.

The court has the power to reduce it per charge but that its the maximum. The Gaol time is per charge as well.

I hope this is of assistance. If you have any other questions please not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.


Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16993
Answered: 7/15/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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