The Drug Misuse and Trafficking Act governs drug offenses in New South Wales, while the Crimes (Sentencing Procedure) Act establishes sentencing guidelines. This article offers solutions to frequently asked questions about drug offenses, including the potential to evade acquiring a criminal record. It is crucial not to substitute this information for legal advice. If accused of drug offenses, it is recommended to promptly seek consultation from a legal professional.
Will Drug Possession Result in a Criminal Record for Me?
Unless the court is persuaded to use its discretion and not convict you of the offense, there is a good chance you will be found guilty.
Staying Clear Of A Criminal Record
The court typically begins with a conviction, although it is feasible to prevent obtaining a criminal record for carrying a restricted substance. Arguments supporting the avoidance of a conviction include the defendant’s young age, being a first-time offender, and the potential adverse impact of a conviction on their present and future employment prospects.
What Is A Section 10?
The Crimes (Sentencing Procedure) Act of 1999 labels its section 10 as “section 10.” This provision enables a court to release an individual found guilty of a crime without noting a conviction. At that moment, there exists neither a conviction nor a criminal record.
How Can I Obtain A Section 10?
Section 10s are not arbitrarily granted by courts. Generally, a person must make a strong case before a court will give them a section 10. The following factors must be taken into account by the court when determining whether to grant someone a section 10:
- Their age, temperament, background, physical and mental state
- The insignificance of the offense
- Any exceptional situations
- Anything more the court deems pertinent
Can I Avoid Getting a Criminal Record by Paying a Higher Fine?
Nope. A higher fine cannot be paid to get out of a criminal conviction. There won’t be a fine if the court handles your case under section 10, although there might be court expenses (usually less than $80).
What Are My Chances Of Obtaining A Section 10?
Here are some things that may make it more likely that you may be dealt with under section 10. Make an appointment with one of our criminal law specialists at (1800) 368534 to find out more about your possibilities of receiving a section 10.
If you require legal advice or representation in any legal matter, please contact Dot Legal.