Serious Drug Offences
Our Criminal Defence solicitors at Atesh Solicitors continuously receive enquiries to represent those suspected of serious Drug Offences. We have substantial experience in dealing with Drug Offences, including cases involving a range of Class A, Class B and Class C drugs, which can be read about here: Notable Cases
Covered by The Misuse of Drugs Act, the offences and charges are related to preventing the misuse of controlled drugs. If you are caught with an illegal substance by the police, you are likely to be charged with Possession of Controlled Drugs.
Carrying drugs for personal use could land someone with a fine or time in Prison Custody too. The drugs that are found by the police will be seized and destroyed. It is illegal to
· own drugs
· supply another person with drugs
· make drugs and import or export drugs
· It is also illegal to allow your premises to be occupied for use of
drug-related activity.
Drugs are sectioned into one of three categories, according to how dangerous they are and the negative impact they have on society. The categories for drugs are as follows:
· Class A drugs include heroin, cocaine, ecstasy and LSD, magic mushrooms, methamphetamine (crystal meth), methadone.
· Class B drugs include cannabis, speed, ketamine and some Amphetamines.
· Class C drugs include steroids and some tranquillisers.
There are a wide and complex range of Drug Offences, ranging from simple Possession of a Drug for personal use to Production and Supply of Drugs. It is imperative to get the advice of a Solicitor to ensure you have not been charged unfairly.
Atesh Solicitors have an acclaimed reputation and years of experience in successfully defending serious Drug Offences. We have built sturdy relationships with leading Barristers, Kings Counsel, Drugs Experts and Cell Site Experts, alongside Mental Health Professionals, who assist our team with creating our client’s defence to present to a Jury at Court.
For a person to be convicted of Being in Possession of a Controlled Drug, the Prosecution must prove, beyond reasonable doubt that
· (a) the person has the drug physically on them and
· (b) the person knew they were in possession of the drug.
Possession of a Controlled Drug is a reasonably minor offence, in contrast to the more serious charge of Possession with Intent to Supply.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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If you or someone you know is under investigation for possession of drugs, we understand that you can be very anxious and worried. The conclusion of the charges can have significant consequences to your future, your personal and professional life. We understand that it can most often be a very isolating time, family members disappointed about your circumstances and friends concerned about what the outcome will be of your case. Contact our specialist criminal law solicitors for expert advice.
Covered by the Misuse of Drugs Act, it relates to the physical possession of an unlawful drug, substance or product - possession of controlled drugs. This offence is distinguished from possession of drugs with intent to supply, which has more serious consequences.
If you are caught with a drug which you believe to be cannabis, but in fact it is cocaine, you will be charged with what the drug actually is. Your knowledge, or lack therefor, will not change your charges.
Your charges will depend on:
• The class of the drug
• The quantity
• The location of where you and the drugs were found
• Previous convictions
• Any other aggravating or mitigating factors
Cannabis
• If you are caught with cannabis, the police can issue you a warning or a £90 fine on the spot
• You are likely to be given a warning if you are caught with a small amount, clearly for personal use, and the cannabis will be seized. In this case, the warning will not be regarded as a criminal conviction, but it will be recorded on a local system.
Khat
• If you are caught with Khat, the police can issue you a warning or a £60 fine on the spot for the first two times you are caught. If you are caught more than twice, you could face charges of up to two years imprisonment, unlimited fine, or both.
• Like cannabis, a warning is likely to be given if there is a small amount
Cocaine
• If you are caught with cocaine, a class A drug, you could be facing maximum of seven years in prison, an unlimited fine, or both.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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Possession of controlled drugs with an intention to supply taken seriously in the UK.
It is very important that you are supported by a specialist solicitor which can advise and support your case at every stage, providing both emotional and professional care, to conclude your case with the best outcome possible. This period can be very worrying and confusing, and the right support can help you along the way. Our solicitors have expert knowledge with years of experience dealing with a plethora of cases related to drugs and supply.
The offence refers to being in physical possession of a controlled drug with the intention to supply it to another person who does not have legal rights to possess it.
If you are charged with possession of drugs with intent to supply, the prosecution will need to prove that the person was in physical possession of the drug, and an intention to supply it. Simply, the court must prove that you were not going to use it for personal use.
They can use direct evidence like:
• CCTV evidence
• Witness testimonies
Or infer it in cases where:
• There is a large amount clearly not intended for personal use
• Drugs in uncut bags or well-kept drugs can be used to infer close proximity to the supplier
• Equipment related to drugs, such as weighing scales or bags suggesting production and distribution
There are some defences that a person charged with this offence may be able to rely upon, both for possession of drugs with or without intent, which includes but is not limited to:
• If the defendant has no knowledge, suspicion, or any reason to believe the existence of a fact that the prosecution needs to prove. For example, a person was unaware that they were in possession of the drug.
• If the defendant had no knowledge, suspicion, or reason to believe that the substance was a controlled drug.
• If the defendant was only in possession because they intended to destroy it as soon as was reasonably possible
• If the defendant can show that they were in possession only because they intended to pass it to someone else who has legal authority to possess it
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know is under investigation for possession of drugs, we understand that you can be very anxious and worried. We understand that it can most often be a very isolating time and it does not help that the law surrounding the offence of conspiracy to supply is complex.
If you are being accused of conspiracy to supply, we strongly advise you to seek legal expert advice from out criminal law solicitors. Our solicitors have a great extent of previous experience and success in conspiracy to supply large quantities of cocaine and heroin. One of our previous cases concerned the supply of over 100KG of cocaine and cannabis.
Our solicitors can advise you with expert advice in the investigation and evidence process that is often onerous and complex. Our team is here to defend and support you, both materially and emotionally
The offence of conspiracy to supply refers to an agreement made between two or more persons planning to distribute, sell or transfer drugs to other persons that have no legal right to possess those drugs.
Like all conspiracy offences, the action of supplying the drugs in question does not need to take place. The prosecution must only prove that there was planning of the event.
If a person is involved in any shape or form to the supply of drugs, you could face charges related to this offence.
The sentences for conspiracy to supply class A drugs will depend on various factors such as the place of hearing, either magistrates court or crown court and the role of the person in the conspiracy.
A person accused of conspiracy to supply will be assessed in their role in the conspiracy:
• Leading role
• Significant role
• Lesser role
For Crown Court, the sentence for conspiracy to supply class A drugs has a maximum sentence of life imprisonment, an unlimited fine, or both.
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you are under investigation for the offence of being concerned in the supply of drugs, our solicitors can examine the evidence against you and prepare your defence with our legal expertise and experience with drug related cases.
Possession of drugs with intent to supply means to be in physical possession of a controlled drug with the intention to pass it onto another.
Being ‘concerned in the supply’ offence refers to an identifiable act in the participation of the deal that is proven beyond reasonable doubt. This means the prosecution must prove that you had knowledge that drugs were being supplied and acted with that knowledge.
You could be unfairly accused of being concerned in the supply, for example, if you were unaware a deal was taking place.
If your case involves class A drugs, the prosecution will have the power to freeze your assets with a restraint order, which will only be concluded depending on the outcome of your trial.
This can be a very worrisome and stressful time, where your money can be inaccessible and may have serious affects to your personal life.
Your sentences can vary depending on:
• Culpability and harm
• Quantity and type of drugs involved
• The role a person played in the offence
There are other factors that the judge will consider when adjudicating the sentence.
If you are accused of a being concerned in the supply, it is important that you have a strong defence to get the best possible outcome for you case. Atesh solicitors is dedicated to ensuring all the necessary steps are taken to prepare your arguments and support you emotionally throughout your investigation. Our criminal law solicitors are empathetic and understand that this is a worrisome period.
Contact us through our website on the contact us tab at the top or call our office for an initial discussion and advice.
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Covered by the Misuse of Drug Acts, the sentences are severe, and this offence is taken very seriously.
If you or someone you know has been charged with production of drugs, the law is complex, and the sentences are harsh. We therefore strongly advise you to seek legal expertise. Our solicitors can guide you in the investigation and evidence process that is often onerous and complex. Our team is here to defend and support you, both materially and emotionally, as this period can be extremely stressful.
The offence refers to a person being involved in the production, cultivation, manufacture, or any other method of a controlled drug that is identifiable.
If you are under investigation for a controlled drug, the prosecution will proceed to prove that the drug was produced, that you were involved in the production of the drug in question, and that you had knowledge of the production of the drug.
The sentences for the production of drugs vary depending on the type of drug, amongst other things:
Class A:
• Sentences can range from community service to 16 years custody, with a maximum sentence of life imprisonment
Class B:
• Sentences can range from band B fine to 10 years custody, with a maximum sentence of 14 years’ custody and unlimited fine, or both
Class C:
• Sentences can range from discharge to 8 years’ custody, with a maximum sentence of 14 years’ custody
Other factors that will be considered include culpability and harm caused.
A person investigated for production of drugs can have their sentence reduced if the following list of factors are present. This is not exhaustive:
• If there is pressure in the persons’ involvement
• If there are no previous convictions
• If the defendant’s vulnerability was exploited
• Remorse
• If the defendant has serious medical conditions necessitating urgent long-term care
• If the dependant is the sole or primary carer for dependant relatives
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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If you or someone you know is under investigation for importation of drugs, we understand that you can be very anxious and worried. The law surrounding the offence is complex and for this reason we advise you seek legal expertise. Our solicitors can advise you in the investigation and evidence process that is often onerous. Our team is here to defend and support you, both materially and emotionally as this period can be worrying and complex.
Atesh solicitors specialise in criminal law and have defended a large number of clients related to drug offences. Choosing the right solicitor is very important and can impact your charges, your sentences and therefore your future.
Covered by the Customs and Excise Management Act and The Misuse of Drugs Act 1971, the offence criminalises the fraudulent importation or exportation of drugs, either knowingly transporting the drugs or knowingly being concerned in the transportation.
Typically, the prosecution will have to prove beyond reasonable doubt that there was knowing of the transportation of the drugs, either directly or directly, the mental element. Intention is necessary to be charged of the offence.
The sentences for person’s charged with importation are governed by the Sentencing Council’s Definitive Guideline for Drug Offences. Various factors will be considered by the court that will define the verdict of your sentence. This will also depend on the strength of your defence. Specialist legal advice will ensure that you receive the best possible outcome for your case.
Your sentences can vary depending on:
• Culpability and harm
• Quantity and type of drugs involved
• The role a person played in the offence
Culpability will be assessed on a three-tier scale:
• Leading role
• Significant role
• Lesser role
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.
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g. Cultivation of Drugs
If you are under investigation for the offence of cultivation of drugs, our solicitors can examine the evidence against you and prepare your defence with our legal expertise and experience with drug related cases.
Cultivation of any part of a cannabis plant is criminalised. Although it is not an offence to possess cannabis seeds, growing cannabis is not legal.
Germinating or growing any part of cannabis will fall under this offence. That will include any plant that are classified as controlled substances.
Your sentences can vary depending on:
• Culpability and harm
• Quantity and type of drugs involved
• The role a person played in the offence
A person accused of cultivation of drugs will be assessed in their role in the offence:
• Leading role
• Significant role
• Lesser role
The sentences for the cultivation of drugs vary depending on the type of drug, amongst other things:
Class A:
• Sentences can range from community service to 16 years custody, with a maximum sentence of life imprisonment
Class B:
• Sentences can range from band B fine to 10 years custody, with a maximum sentence of 14 years’ custody and unlimited fine, or both
Class C:
• Sentences can range from discharge to 8 years’ custody, with a maximum sentence of 14 years’ custody
A person investigated for production of drugs can have their sentence reduced if the following list of factors are present. This is not exhaustive:
• If there is pressure in the persons’ involvement
• If there are no previous convictions
• If the defendant’s vulnerability was exploited
• Remorse
• If the defendant has serious medical conditions necessitating urgent long-term care
• If the dependant is the sole or primary carer for dependant relatives
Contact our specialist criminal solicitors to find out more about the best way to move forward in your case.