What to Do If You’re Charged with a Drug Offence in NSW

If you’ve been charged with a drug offence in NSW, it’s normal to feel overwhelmed. Drug charges can carry serious penalties, ranging from fines and criminal records to lengthy prison sentences. But what you do next can significantly affect the outcome of your case.

In this guide, we walk you through the immediate steps you should take, what to expect legally, and how an experienced criminal defence lawyer—like our team at LY Lawyers—can help you navigate the process.

Common Drug Offences in NSW

Drug charges in NSW fall under the Drug Misuse and Trafficking Act 1985. The most common offences include:

• Drug possession: Having a prohibited drug in your custody or control, with knowledge or reasonable awareness of it.
• Supply or intent to supply: Includes actual supply, arrangements to supply, or possession at or above the traffickable quantity, which is deemed as intent to supply unless rebutted.
• Drug cultivation or manufacture: Covers growing prohibited plants or possessing precursors/apparatus intended for manufacturing illegal drugs (e.g. ephedrine, acetic anhydride).
• Drug importation/exportation: Penalties escalate if premises are knowingly used or organised for drug activity, or if children are exposed — fines up to ~$66,000 and up to 6 years’ imprisonment.

Penalties are set by the Act in terms of prison time and penalty units (currently ~$110 per unit). Severity depends on restraint type, drug type/quantity, and offence category (personal use through supply or trafficking).

For details on specific charges and penalties, visit our Drug Offences page.

5 immediate steps to take after a drug charge in NSW

Step 1: Do Not Speak to Police Without Legal Advice

If you’re arrested or questioned by police in NSW, you have the right to remain silent—and you should use it. Apart from providing your name and address when required, you’re not legally obliged to answer questions, and anything you say can be recorded and used as evidence in court, even informal comments.

It’s highly recommended that you speak to a criminal lawyer before answering any police questions. Politely say, “I do not wish to say anything until I’ve received legal advice.” This protects your legal position and ensures you don’t unintentionally harm your case. Remember, staying silent is not an admission of guilt—it’s a legal right.

Step 2: Understand the Specific Charge

Your lawyer will help you identify the exact offence and the elements the prosecution must prove. For example, in a possession charge, the police must prove:

1. The substance is a prohibited drug.
2. You had physical custody or control over it.
3. You knew, or should have known, about the substance.

Understanding these elements is crucial—it shapes your legal strategy, possible defences, and the strength of the prosecution’s case.

Step 3: Consider Your Legal Defences

After reviewing the evidence, your lawyer will help identify any legal defences available in your case. Common defences to drug charges in NSW include:

• Lack of knowledge: You didn’t know the substance was there.
• No possession: The drugs weren’t in your control.
• Unlawful search: The police search may have violated your rights.
• Duress or necessity: Rare, but applicable in some cases. You were forced or compelled by circumstances to act.

Your lawyer may also negotiate with police or prosecutors—known as making representations—to have charges withdrawn or downgraded before a hearing or trial.

Step 4: Hire an Experienced Drug Offence Lawyer

Drug law is complex. An experienced criminal defence lawyer can assess the strength of the evidence, advise on your options, and work toward outcomes such as reduced penalties, diversion programs, or even having the charges dropped.

At LY Lawyers, we offer:

• 24/7 availability for urgent matters
• Representation in all NSW courts
• Fixed fees for many criminal matters
• A track record of successful outcomes in serious drug cases

Step 5: Act Quickly — Time Is Critical

The sooner you get legal representation, the more options you have. Delays can limit your ability to challenge police evidence or negotiate lesser charges.

If you’re on bail, comply with all conditions. Failing to do so can hurt your defence.

What happens next in court?

A typical process includes:

1. First appearance (Mention): Charges are read, and you may apply for bail.
2. Brief of evidence: The prosecution shares evidence with your lawyer.
3. Plea or hearing: You decide whether to plead guilty or fight the charge.
4. Sentencing or trial: Outcomes are determined.

Your lawyer will guide you through each stage and help you make strategic decisions.

Your Future Is Worth Fighting For

A drug offence doesn’t have to define your future. With the right legal advice, you may be able to avoid a conviction, minimise penalties, or have the charges dismissed altogether.

If you or a loved one has been charged with a drug offence, contact LY Lawyers today. We’re here 24/7 to protect your rights and guide you through every step of the process with confidential consultation.