Need help with mdma charge

Discussion in 'Criminal Law Forum' started by Elevae, 11 October 2018.

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  1. Elevae

    Elevae Member

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    My son was caught with 26 MDMA pills (one bag with 16, one bag with 10) last month and his court date is coming up. He had a history with the police officer that caught him and he assisted him with some information. I just need to know if he would be looking at getting jail time or if he would be able to get off with a CCO or community service. He has already had two charges to do with small amounts of marijuanna (less than 2g) and has had both of his drug diversions. I believe he has already pleaded guilty to possession.
     
  2. Tim W

    Tim W Lawyer
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    History is relevant to penalty, yes.

    A plea of guilty will attract a "discount" on the penalty for the offence.
    Basically, it's a discount for saving everyone the trouble of a trial.

    Sentencing is a complex black art, and much depends on the facts and circumstances
    of the offence and the offender, none of which are not available to us here.
    In simple language - we can't tell if he's going to gaol or not, but it's not out of the question.

    The most helpful thing you can do for your son is help him
    pay for a good barrister who can make good submissions on sentence.
     
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  3. Tony Danos

    Tony Danos Lawyer
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    With good and comprehensive preparation he should avoid gaol. Get an experienced lawyer.
     
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  4. Shane888

    Shane888 Active Member

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    Dear Sir, My questions please:
    1 - What kind of an average sentence would someone get for this? Do I go to jail? Or do I get a none'-jail punishment? (My only history is one time being caught with very little and being given a diversion order and no conviction).
    2 - Is there is any way or chance for me to get another diversion even when the amount of MDMA is too big?
    (I am on Centrelink and cannot afford a lawyer but will go to talk to legal aid)
    Thanks!
     
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