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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44177
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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A search warrant was recently conducted on my property which

Customer Question

A search warrant was recently conducted on my property which I am the only tenant on the lease agreement, my partner sometimes satys here and also a friend also sometimes stays here they both work off shore.
At the end of the search I was handed numerous bits of paper
On the properties field report you will see a number of items were taken from my property.
On the notice to appear slip it is saying I'm charged with 2 counts of possession of dangerous il legal drugs. There were 3 types found on the premises, listed were a bag with clear crystal substance believed to be methamphetamine, cannabis, and 3 jars, believed to be steroids. The police are wanting to question Aaron in relation to the steroids.
On the day the police informed me that if no one came forward for any of the items that were found that I would have to take full responsibility for all. They also asked to pass on to Aaron and Melanie both whom stay at my house on a regular basis, but are not on the lease and legally are not tenants at this address or live permanently at my address, that they were wanted for questioning in relation to the other items found that are not listed on my notice to appear, I informed that they do not live here I'm the only one on the lease which they responded it was clear that the two reside at the property I further responded that I'm the only one on the lease.
I was given 2 pink slips, 1 for DNA and one for identifying particulars, Ive already provided my DNA in previous matters and was told that I would not have to do this and the other pink slip states between 15th and the 22nd to provide particulars which I was told was an error as it had to be within 7 days and it must of been a mistake on behalf of the detective and that he would call me which he has twice ive missed both and also attempted to ring back in between missed calls.
Long story short because no one has contacted police in regards ***** ***** items, my concern is when I go to do my particulars is there the possibility of being charged on the spot there and detained until bail, also because I missed my drug diversion on the day of the raid, as mentioned in previous emails, i believe this is a breach of my good behaviour bond, so further could this affect my likelihood of reasoning for them to detain me.
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 advice but a guide to assist you.

Because they are on your premises they will take it you own them.

Are you legally represented?

Customer: replied 1 year ago.
I'm fully aware that they will take them as mine.
I'm just curious as to when they can charge me for the pending charges and how long they have to charge someone with the pending charges.
Also if someone is taking responsibility for the pending charges how long do the police have to make those charges?
I have had some advice that I'm not 100% satisfied with.
I have given my DNA to the police in the last 12 months am I required to give again if charged with a new offence, and also am I required to give particulars again?
Expert:  Leon replied 1 year ago.

Good Morning

Once they will finalise their investigation they will make the decision.

If they have evidence that is it more than the items being in your possession they can charge you with more than possession. eg if they suspect you were selling then they can charge you with that as well.

They can take as long as they need to build their case. Unless they have a case they cannot charge.

Why did you give your DNA?

Customer: replied 1 year ago.
They had a search warrant for my property with the evidence for the search warrant during the search the located numerous items...... my court date is on Tuesday this coming. a NTA was given to me on the day the search took place and on the NTA only 2 items they found were noted, although I am the only tenant on the lease there were two other people they wanted to question in regards ***** ***** other items and out of consideration did not charge me. The other two people have not yet been charged with anything so there are pending items. I gave my DNA when I was charged about 6 months ago when I had .48 gms of methamphetamine on me and also gave particulars for this matter.
Expert:  Leon replied 1 year ago.

Good Morning

So you were previously charged with possession of drugs.

On tuesday is ti for the matter 6 months ago or the new one which they had the warrant for? If it is for the new one, you must have been charged for a court date. Do you have the summons given to you for Tuesday if it is for the new matter?

You can email it to me at***@******.***

Expert:  Leon replied 1 year ago.

Good Evening

It all depends on your previous record and the severity of this charge

I hope this makes sense and is of assistance. If there is nothing further

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.