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Hi was arrested last night for being drunk in a public place…

Hi was arrested last night...

Hi was arrested last night for being drunk in a public place earlier that night a mate give me a MDMA pill which I didn't take so they found it on me I have been arrested in the past for drunk and disorderly a couple of times when I was younger so I'm really worried what will happen me as I have a young family now and mortgage etc

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Answered in 2 hours by:

11/9/2014

Solicitor: Leon, Solicitor replied 8 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

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

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Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Have they charged you with having the pill in your possession or just the Drunk and Disorderly charge?
What exactly happened for them to charge you with this?

Customer reply replied 8 years ago

I left a pub and was a bit drunk had no dinner that evening and had a big week at work so I fell asleep waiting on a taxi the cops arrested me for being drunk in a public place and found the pill in my pocket and charged me with possession and for being drunk in a public place

Solicitor: Leon, Solicitor replied 8 years ago

Good Afternoon Declan,
I do not believe that you will have a problem, as it does not appear that there was any aggravation, with that you were only sleep in a public place.
I would assume you are going to plead guilty to the charges and if so you should seek leniency from the court.
You need to obtain references from your employer and family friends to confirm that this behaviour is totally out of character and that you are a decent hard-working and law-abiding person.
Provide all of this to the court with an explanation as to what happened and the court should show some leniency with the worst thing happening being that you will be fined.
I hope this makes sense and is of assistance.

Customer reply replied 8 years ago

Will I get a criminal record for this?

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening Declan
Unfortunately yes.
If you have been convicted before you already have a record this will be added to it.
If the court feels that it is a one off they may decide to give you a spent conviction which means it will not be recorded.
I hope this makes sense and is of assistance.

Customer reply replied 8 years ago

What are the fines goin to be like for me are they real high??

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening
that is up to the court to decide I cannot say,
But from what you have told me with a clean record for some years I do not see a large fine.
You would advise the court if they issue a fine that it should be small based on your financial position and commitments. You should be able to show them what your costs are.
I hope this makes sense?

Customer reply replied 8 years ago

So it is not possible for me to go to jail for this ?

Solicitor: Leon, Solicitor replied 8 years ago

Good Morning Declan
jail is a last resort.
The courts will not send you to court for this.
It is not that major from what you tell me.
I suspect the worst you will get is a fine and a good behaviour bond.

Customer reply replied 8 years ago

Thanks for your advise

Solicitor: Leon, Solicitor replied 8 years ago

Good Evening Declan
You are very welcome and good luck
Thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

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

Verified

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