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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My partner has recently been charged with possession of a

Customer Question

Hi Daniel,
My partner has recently been charged with possession of a small amount of marijuana. It is his second offence however the first time he was forwarded to a drug diversion class about 5 or 8 years ago in his teens. I am so worried if the court will give him a conviction over a very small amount.
However, what is most worrying is that the weed isn't his! Long story cut short, police came over (my partner was at his friend's place) for a noise complaint that my partner was responsible for at 12:30 am (drunk haha). By the time they came over my partner was fast asleep in the room and was woken up to police knocking on the house because the owner of the house and his mates were smoking weed in the garage. Anyways, my partner felt terrible that he was the reason why the police came over because of the noise complaint and consequently getting his friends in trouble so he took the blame and admitted it to the Police in their Go Pro video. However, the real person who brought the weed over to the garage wants to admit it was all his. How do I get the police charges dropped before his court date? Unfortunately he has left this to the last minute as the court is in a week from today. Do we get his friend to write a stat dec to the police and admit that the small amount of weed had nothing to do with my partner and ask the charges to be transferred to him?
Please help me, I am so worried.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Why did he make the admission? This is a problem because he cannot take back a confession.

You cannot get them dropped, he has made a false admission and this in itself is a serious offence.

He needs to get a solicitor to represent him and the other parties that were smoking have to be prepared to come forward. If they are not, then the police will rely on your partners admission and confession even though it is false.

If the person that bought the drug is prepared to make a statement to the police this is the only want to get this rectified. He will then be charged. Your partner also faces the possibility of charges for misleading the police

I hope this makes sense?