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.
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.
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.
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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