Getting involved in a drug case. That would be the last thing you’d want. No matter the country, the laws and punishments are rigorous for this offence. However, despite being a punishable offence, illicit drug offences were the second most common principal offence in Australia, with 52,315 offences in 2022-23. But if you mistakenly got stuck in this offence, here are some things you must not do during drug defence case.

Here Are The 10 Common Mistake People Make In Drug Defence Cases:

1. Choosing the Wrong Lawyer

Not every lawyer will offer you the right services you need. Criminal law, especially drug offences, is a specialised area. Hiring a lawyer who primarily deals with property law, for example, is like asking a GP to perform heart surgery. Do your research thoroughly. Look for a lawyer with extensive experience in drug defence cases. Check their credentials, read reviews, and ask about their track record. Specialist accreditation is a good sign. Specialist drug defence lawyers have a demonstrably higher success rate in complex cases.

2. Talking Too Much (Especially to the Police)

This is, without a doubt, the biggest mistake. The right to silence is a cornerstone of the legal system. Police are highly skilled at interviewing or interrogating suspects. Anything you say, even if you think it’s helping your case, can be twisted and used against you. Exercise your right to silence until you’ve spoken to a criminal defence lawyer. It’s not an admission of guilt; it’s an act of self-preservation.

3. Panicking and Destroying Evidence

The impulse to get rid of anything incriminating is understandable, but it’s a terrible idea. Destroying evidence can lead to additional charges, such as obstruction of justice, which can carry significant penalties.

Tampering with evidence makes a bad situation even worse. Leave everything as it is and seek legal advice immediately. That’s the only best option.

4. Believing Everything the Police Tell You

Police can tell you things to encourage you to cooperate. They might suggest that if you confess, the charges will be dropped or reduced. This is rarely the case.

Remember, police are gathering evidence for the prosecution. They are not your friends. Verify everything they say with your lawyer.

5. Ignoring Mental Health or Addiction Issues

Drug use is often linked to underlying mental health issues or addiction. Ignoring these issues can be detrimental to your defence.

The reality – courts are more likely to be lenient if you can demonstrate that you are actively addressing these issues. A good lawyer can help you present evidence of rehabilitation efforts.

Did you know? Undergoing rehab can be a strong mitigating factor in sentencing.

6. Not Gathering Your Own Evidence

Don’t rely solely on your lawyer to build your defence. You know the details of your case better than anymore. So be proactive. Collect any evidence that supports your case, such as text messages, emails, or witness statements. Provide this information to your lawyer.

7. Making Assumptions About the Law

Drug laws in Australia are complex and vary depending on the state or territory. Don’t assume you know the law or the potential penalties. Getting informed is essential for you. Your lawyer will explain the specific laws that apply to your case and the potential consequences.

8. Pleading Guilty Too Soon

Resist the urge to plead guilty just to get the case over with, especially if you’re unsure of your guilt or the strength of the prosecution’s case. A guilty plea has significant consequences, including a criminal record. Explore all your options with your lawyer before making a decision.

9. Failing to Disclose Information to Your Lawyer

Your lawyer can only help you effectively if you are honest and upfront with them. Hiding information, even if it’s embarrassing or incriminating, can seriously hinder your defence. You have to trust your lawyer. They are there to represent your best interests, and they can’t do that if they don’t have all the facts.

10. The Takeaway

Facing drug defence case charges is a serious matter. The best you can do is to stay away from any substance. But if you still get caught in a case related to it, avoiding these common mistakes can improve your chances of a favourable outcome. Your best bet? Seek legal advice from an experienced criminal defence lawyer as soon as possible.