Drug Trafficking Lawyer
Being charged with drug trafficking is one of the most serious criminal offences in Victoria. If you are facing allegations under the Drugs Poisons and Controlled Substances Act 1981, it is critical to seek advice from an experienced drug trafficking lawyer in Melbourne immediately.
At Criminal Law Advice, we represent clients across Melbourne and Victoria, providing strategic defence and strong court advocacy to minimise penalties and protect your future.
What is Drug Trafficking in Victoria?
Under section 70 of the Drugs Poisons and Controlled Substances Act 1981, a person trafficks a drug of dependence if they:
- Prepare a drug of dependence for trafficking;
- Manufacture a drug of dependence; or
- Sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence.
Prima Facie Trafficking
You can be charged with trafficking, based on the quantity of drugs in your possession. Thee prescribes amounts, for different substances, are listed in schedule 11 of the Drugs, Poisons and Controlled Substances Act 1981.
Examples include:
- Cannabis (250g or 10 plants)
- Methylamphetamine (3g)
- Cocaine, MDMA and other drugs of dependence (3g)
This makes early legal advice essential if you are charged with this offence.
Serious Trafficking Offences
More serious charges may apply depending on the quantity and circumstances, including:
- Trafficking a large commercial quantity (section 71)
- Trafficking a commercial quantity (section 71AA)
- Trafficking near schools or public places (section 71AC(2))
These offences carry significantly higher penalties and are often heard in the County Court of Victoria.
Penalties for Drug Trafficking in Victoria
Drug trafficking offences can result in severe penalties, including:
- Imprisonment (including lengthy jail terms)
- Community Correction Orders (CCOs)
- Substantial fines
The maximum penalties depend on the classification and quantity of the drug
Factors the Court Considers
When sentencing, courts will consider the following:
- The quantity and type of drug
- Your role in the trafficking activity
- Whether the offending was commercially motivated
- Your criminal history
- Evidence of rehabilitation and remorse
Defences to Drug Trafficking Charges
Depending on the circumstances, possible defences include:
- No intention to traffic
- Drugs not in your possession or control
- Lack of knowledge of the substance
- Challenging the legality of police conduct
Every case is different, and a tailored defence strategy by a drug trafficking lawyer is essential.
Can You Avoid Jail for Drug Trafficking?
While trafficking is treated seriously, imprisonment is not the only sentencing option available to the court .
With strong legal representation by a drug trafficking lawyer, it may be possible to:
- Reduce the charge
- Argue that you were not trafficking
- Receive a community corrections order
- Limit the long-term impact on your record
Early preparation is key to achieving the best outcome.
Get Immediate Legal Advice
If you have been charged with drug trafficking in Melbourne or anywhere in Victoria, do not delay. The earlier you seek legal advice from a drug trafficking lawyer, the stronger your defence will be.
FAQs – Drug Trafficking Victoria
What is considered drug trafficking in Victoria?
Trafficking is defined in section 70 of the Drugs, Poisons and Controlled Substances Act 1981 and includes:
- Prepare a drug of dependence for trafficking;
- Manufacture a drug of dependence; or
- Sell, exchange, agree to sell, offer for sale or have in possession for sale, a drug of dependence.
Can I be charged without selling drugs?
Yes. If you possess a traffickable quantity, you may be charged with trafficking.
Will I go to jail for drug trafficking?
Not always. The outcome depends on the seriousness of the offence and your personal circumstances.
What should I do if I am charged?
Seek immediate advice from a qualified drug trafficking lawyer to protect your rights and prepare your defence.
Speak to a Melbourne Drug Trafficking Lawyer
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