MJP solicitors have been involved in a variety of drug cases involving the sale, supply, production, cultivation, and importation of drugs which have been prosecuted unrelentingly by police and customs for thirty years.
Sentencing for drug offences is harsh and intended to operate as a deterrent and even involvement at a minor level risks lengthy prison sentencing. It is there for important to get specialist advice from a solicitor as early as possible into the investigation. Advice at the interview stage (police station) is essential to best defend these cases.
Drug cases are often split between importers, suppliers and users, users being treated leniently if they are resolved to address their drug addiction. Drug dealers are usually charged in a conspiracy which can conflict jurisdictions and attitudes to drugs offences and conspiracy investigation often innocent people being used by suppliers to mask their involvement with the drugs.
MJP solicitors are experienced in identifying the roles of parties and we have represented people at all levels of the supply chain. It is not our function to judge our client for what they may or may not have done. Our job is to represent the innocent and the guilty fearlessly (without conflict of interest) and to put forward their best defence irrespective of any personal opinion or experience. MJP solicitors believe everyone is entitled to be defended under the law and that is regardless of gender, age, religion, race, nationality or political views.
Further Detailed Advice AvailableFurther advice on defending drug offences can be found on our dedicated drugs website.
Classification of Drugs
Drugs are categorised into 3 main categories, A, B and C, with A being taken as the most serious:
- Drugs such as Cocaine, Ecstasy and Heroin are classed as A
- Drugs such as Speed and Cannabis are classed as B
- Drugs such as Ketamine and steroids are classed as C
Possession and Possession with Intent to Supply
If you're caught with a small amount drugs on your person, such as in your pockets or in a bag you are carrying, you can be charged with the possession of illegal drugs.
A prison sentence is unlikely but the maximum sentences for possession of each class of drug are:-
- up to seven years in prison or an unlimited fine (or both) for a Class A drug
- up to five years in prison or an unlimited fine (or both) for a Class B drug
- up to two years in prison or an unlimited fine (or both) for a Class C drug
Possession with Intent to Supply means that it is believed that you are believed to be supplying or dealing drugs, even sharing drugs amongst friends can be considered as supplying.
If charged with possession with intent to supply the case can only be dealt with in the Crown Court. If found guilty, or a guilty plea is entered, then a prison sentence is more likely. The maximum sentences for possession with intent to supply drugs are:
- up to life in prison or an unlimited fine (or both) for a Class A drug
- up to 14 years in prison or an unlimited fine (or both) for a Class B or Class C drug
- previous criminal history
- the amount of drugs found
- cooperation with authorities
- drug habits
can be taken into account on sentencing.
Drug Cultivation / Production
It an offence for anyone to grow any form of Cannabis plant, unless they have a license for Industrial production.
Cases involving the production of drugs are viewed with the utmost severity by the criminal courts.
Dug production investigations usually involve analysis of financial records and forensic evidence both which need careful consideration when dealing with the investigation.
The law makes distinctions between different levels of involvement in such cases, from workers, who receive the most lenient sentences, through to the people in authority over the operation, who receive the longest (most severe?) sentences.
The maximum sentences for the drug production are:
- up to life imprisonment or an unlimited fine (or both) for a Class A drug
- up to fourteen years in prison or an unlimited fine (or both) for a Class B drug
- up to fourteen imprisonment or an unlimited fine (or both) for a Class C drug
Any accusation involving drug importation and conspiracy to import drugs is taken extremely seriously and often involves a number of government agencies including HM Revenue and Customs, SOCA and the Police. The investigations are usually lengthy as they involve a large number of people and mobile phone and computer evidence is often a feature of these cases and expert examination of such evidence is often decisive in terms of prospects of success.
Getting specialist advice from a solicitor as early as possible into the investigation is vital.
Prosecution for Drug Offences
Drug solicitors have experience in dealing with offences of possession with intent to supply, cultivation and importation which are offences which are treated most seriously by the Court in terms the penalties that are imposed.
The prosecution in the Crown Court have to prove that a person knew about the supply, the cultivation or the importation of the drugs. Usually the prosecution reply on conspiracy laws and the solicitors role is to show that their client was not involved in the conspiracy.
The prosecution seek to prove involvement in conspiracies by reference to mobile telephone evidence and cell site mapping whereby mobile phones are triangulated to show where the caller of the holder of the phone is situated. By cross referencing telephone activity the prosecution show where a person is situated.
MJP solicitors provide advice and representation on all drug matters throughout England and Wales particularly in Liverpool (including The Wirral), London and the North West.
When defending a drugs matter, solicitors also have to be specilaists in Proceeds of Crime laws. When a person is convicted of an offence, under the Proceeds of Crime Act 2002, the prosecution can seek to recover the benefit of the crime and in a conspiracy this can often work quite unfairly if the solicitor does not fully understand how the legislation works.
Further Detailed Advice AvailableFurther advice about The Proceed of Crime Act is available here.
Specialist advice for any investigation into drug crimes such as possession, supply, cultivation and importation can be given by one of our experienced drug solicitors.
For free advice call now on 0333 011 0515 or use the contact us page.