Drug Offence Lawyer Melbourne
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
Free Legal Advice 24/7
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Ice Epidemic in Victoria
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Unauthorised Possession of Poison or a Controlled Substance
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Manufacturing Heroin
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Trafficking a Drug of Dependence in a Large Commercial Quantity
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Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
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Trafficking a Drug/s of Dependence in a Commercial Quantity
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Trafficking a drug/s of Dependence to a Child
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Trafficking a Drug/s of Dependence
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Supplying a Drug/s of Dependence to a Child
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Possession of Tablet Press
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Possession of Chemical Precursor Chemicals
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Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
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Cultivation of Narcotic Plants
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Drug of Dependence into the Body of Another Person
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Obtaining Drugs of Dependence by False Representation
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With Use or Possession of a Drug of Dependence
Drug offences in Melbourne are prosecuted under the Drugs, Poisons and Controlled Substances Act 1981 (Vic). Under Victorian law, common offences include a range of criminal offences such as possession, use, trafficking, and cultivation.
These offences range from minor possession to large-scale trafficking and are classified as criminal offences under Victorian law, carrying a wide spectrum of legal consequences depending on the nature and seriousness of the charge.
Common Drug Offences in Victoria
- Possession: Having a small quantity of a drug of dependence or an illicit substance without a lawful excuse is still an offence.
- Use: Using an illegal drug or an illicit substance is an offence.
- Trafficking: Selling, manufacturing, or possessing drugs of dependence with the intent to sell.
- Cultivating drugs: Growing prohibited plants, such as cannabis, is a serious offence under Victorian law.
- Importation: Drug importation is a serious offence governed by the Commonwealth law, which handles cross-border or international matters and is distinct from state offences.
Offences such as false representation (for example, forging prescriptions to obtain drugs) are also prosecuted under drug laws.
Trafficking, drug importation, and cultivating drugs are considered serious offences with severe penalties. The maximum penalties for cultivating and manufacturing drugs can range from fines to life imprisonment, depending on the substance and quantity.
Classification of Drug Quantities
Victoria’s drug laws classify drugs in terms of:
- Small (personal) quantity
- Traffickable quantity
- Commercial quantity
- Large commercial quantity
These classifications determine the seriousness of the offence and which court will hear the matter.
Which Courts Hear Drug Offences in Melbourne?
The court jurisdiction depends on the severity of the offence:
- Magistrates’ Court of Victoria
- Examples: possession of small amounts of illicit substances or first-time use.
- Maximum sentence jurisdiction: 2 years imprisonment per offence (or 4 years total for multiple offences).
- Also handles committal hearings for more serious indictable offences before they’re transferred to a higher court.
- County Court of Victoria
- Hears more serious indictable drug offences.
- Common for charges involving trafficking, cultivation, or drug possession of large quantities.
- Full trials are held if the accused pleads not guilty, or the accused may choose to plead guilty, which can influence sentencing.
- Sentences can include lengthy imprisonment depending on aggravating factors, prior history, and prior convictions. In the County and Supreme Court, a Judge decides the penalty in the event that you plead guilty or are found guilty after a jury trial.
- Supreme Court of Victoria
- Handles the most serious drug matters, especially those involving large commercial trafficking, complex networks, or co-occurring charges such as organised crime or violence. The most serious drug offences, such as large-scale trafficking or manufacturing, can attract a maximum penalty of life imprisonment.
- May also hear appeals from the County Court if leave is granted.
Diversion and Therapeutic Options
Court Diversion Program
- Available to first-time or low-level offenders.
- If eligible, offenders can avoid a conviction by completing treatment and counselling.
- Must accept responsibility for the offence.
Drug Court of Victoria
- A specialist division of the Magistrates’ Court.
- Available in Dandenong and Melbourne.
- Designed for offenders with significant drug dependency.
- The court specifically addresses underlying drug addiction and aims to reduce drug offending by focusing on rehabilitation.
- Offers Drug and Alcohol Treatment Orders (DATO) instead of jail, combining judicial oversight with rehabilitation. Under a drug treatment order, offenders must undergo treatment and cannot reoffend while attending the Drug Court as required.
Sentencing Considerations
Judges and Magistrates consider:
- The quantity and type of drug
- Whether the offence was for personal use or profit
- Prior criminal history
- Evidence of rehabilitation or remorse
- Cooperation with police
- Plea (guilty or not guilty)
An experienced lawyer representing clients can provide a strong legal defence, which is crucial for achieving a successful outcome in drug offence cases.
Penalties may include:
- Community Correction Orders (CCOs)
- Drug and Alcohol Treatment Orders
- Adjourned undertakings or Good Behaviour Bonds
- No conviction recorded (in limited cases)
Need Legal Help?
If you or someone you know is facing drug charges in Melbourne, it’s crucial to understand your rights and options. Early legal advice can make a significant difference to the outcome.
The drug offences lawyers at MK Law have extensive experience handling cases involving drugs of dependence, including the legal complexities and serious implications associated with these offences.
At MK Law, we understand the complexities of drug-related offences and the potential impact these charges can have on your life, including your employment, travel, and personal freedom. Our experienced team of criminal lawyers is dedicated to providing tailored legal support to individuals charged with drug possession, trafficking, and cultivation of illicit substances.
What MK Law Offers:
Expert Legal Representation
We have extensive experience defending clients facing all types of drug charges, including drug possession, trafficking, cultivation, and use of illegal substances. Our team is well-versed in the legal intricacies surrounding drug offences in Victoria and works hard to achieve the best possible outcomes for our clients.Comprehensive Case Assessment
From the moment you contact us, we will assess the details of your case thoroughly. We’ll explain the drug charges, discuss potential defences, and guide you through your options. Whether it’s negotiating with the prosecution or representing you in court, we are here to ensure your rights are protected.Strategic Defence
Every drug case is unique. At MK Law, we create personalised legal strategies designed to reduce the impact of criminal charges on your life. Whether it’s challenging the evidence, exploring diversion programs, or working towards a plea agreement, we will fight for the most favourable outcome.Expert Advice on Diversion Programs and Rehabilitation
For individuals struggling with substance abuse, MK Law can refer you to specialised rehabilitation programs that may assist in avoiding a conviction. We advocate for early intervention and rehabilitation, which can significantly influence sentencing and the likelihood of diversion programs or treatment orders, such as the Drug and Alcohol Treatment Order (DATO) offered by the Drug Court.
5. Representation Across All Court Levels
Whether your case is being heard in the Magistrates’ Court for a less severe drug offence or a more complex matter involving trafficking being tried in the County Court or Supreme Court, we provide professional representation at every stage. We’ll ensure that your case is handled appropriately, regardless of where it is being heard.
6. Plea Negotiations and Sentencing Advocacy
If you’re pleading guilty, we will advocate for the most lenient sentence possible, taking into account factors such as your rehabilitation efforts, cooperation with authorities, and the nature of the offence. We may be able to secure alternatives to imprisonment, such as community service, fines, or even no conviction recorded.
7. Dedicated Support Throughout the Process
We understand that facing drug charges can be stressful and overwhelming. MK Law is committed to offering compassionate, hands-on support throughout your case. We’ll keep you informed at every step and ensure you feel confident in the legal process.
-
Ice Epidemic in Victoria
-
Unauthorised Possession of Poison or a Controlled Substance
-
Manufacturing Heroin
-
Trafficking a Drug of Dependence in a Large Commercial Quantity
-
Possession of a Substance, Material, Documents or Equipment for Trafficking in a Drug of Dependence
-
Trafficking a Drug/s of Dependence in a Commercial Quantity
-
Trafficking a drug/s of Dependence to a Child
-
Trafficking a Drug/s of Dependence
-
Supplying a Drug/s of Dependence to a Child
-
Possession of Tablet Press
-
Possession of Chemical Precursor Chemicals
-
Cultivation of Narcotic Plants of a Commercial or Large Commercial Quantity
-
Cultivation of Narcotic Plants
-
Drug of Dependence into the Body of Another Person
-
Obtaining Drugs of Dependence by False Representation
-
With Use or Possession of a Drug of Dependence
Testimonials
What people Say
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I had a great experience with Daniel Moon from MK Law. From our very first consultation, it was evident that Daniel approached his role with profe... Read More5/5
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I want to sincerely thank my lawyer, Daniel, for the exceptional support he provided throughout my matter. He was professional, understanding, and... Read More5/5
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I immediately knew that Daniel understood the details of my case and that his intelligence and diligence would give me the best chance of overcomi... Read More5/5
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We were incredibly pleased with the work Daniel Moon did both prior to and on the day of court. Nothing was ever too much, questions always answer... Read More5/5
Contact MK Law Today
If you or someone you know is facing drug-related charges, don’t wait to seek professional legal advice. The earlier we are involved in your case, the better the chance we have to guide you towards a positive outcome.
Call MK Law on 1800 130 120 for a confidential consultation or visit our website to schedule an appointment. Let us use our experience and knowledge to help you achieve the best possible result.
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au