Withdrawing Possess Drug of Dependence Charge
This is a case study on withdrawing a Possess Drug of Dependence charge.
Our client was in his vehicle in a bay of a car wash in the early hours of the morning. The car wash was close to a service station and a 2-hour fast food outlet. Police intercepted him and asked to search his vehicle. He consented. They found a small amount of drugs in the pocket of a handbag
which was in the front passenger seat. He was the only occupant in the car at the time. He was taken back to the station for interview where he denied that the drugs were his. He was charged by the police for possession of methylamphetamine.
The client instructed that just before he was intercepted, he had a female occupant in the car. She had seen a friend of hers at the fast food outlet and had got out to speak with him. That person lived very close by and so it was decided that my client and she would go to his house
to continue the catch up.
The person was on a bicycle and our client’s friend rode with him on the bike. Our client was to follow. It was then that the police intercepted him. He informed the police of these circumstances but the police did not accept his version and instead considered that he had knowledge that the drugs were in the car, and most likely had the drugs in a female-looking bag to be able to distance himself from them in the event of interception.
Through a written letter and conference with the prosecution at court, Kristina was able to persuade the prosecution to withdraw the charge. Kristina was able to demonstrate through a proper assessment of the known facts that the client’s explanation was truthful. What assisted this was the fact that when the police drove the client back to his car after the interview, the handbag that contained the drugs was gone. They had forgotten to lock the car when they took him. It followed that our client’s friend must have come back to the car looking for her bag and our client, when the client didn’t arrive at the friend’s house.
The client had consistently denied the offending from the beginning. The case ultimately ended with an excellent outcome with the prosecution agreeing to withdraw the Possess Drug of Dependence charge.
Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
Visit Kristina’s profile to read more about her background and experience.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 09/01/2018