Section 3 – Misuse of Drugs Act
It is an offence under Section 3 of the Misuse of Drugs Act 1977/1984 to have in your possession a controlled drug for personal use.
Any case relating to the possession of Drugs is considered as a serious offence. Our office will request full disclosure in order to examine the statements and evidence that the State depend to rely upon.
Often, we are asked to represent clients who are caught with a small number of drugs on their possession. If you have no previous convictions and are anxious to find a way to leave Court without a criminal conviction, it is important that you get legal advice as soon as possible. On a guilty plea, the Court can consider the possibility of leaving the defendant without a conviction on the basis that he/she has no previous convictions, and a charitable donation is offered to the Court.
We cannot guarantee any result in Court but will do our best to ensure that mitigation is outlined persuasively to the Court and that if you decide to contest a case, we will act upon your instructions and fully contest your case to the best of our ability.
Section 15 – Misuse of Drugs Act 1977/1984
It is an offence under Section 15 of the Misuse of Drugs Act 1977/1984 to have in your possession a controlled drug for unlawful sale or supply.
The value of the alleged drugs will determine on whether the case is dealt with in the District Court or the Circuit Court. The Prosecution always need to prove their case and this includes furnishing the defence with a Certificate of Analysis, full disclosure and also proving the chain of custody.
If the Director of Public Prosecutions decide to send your case forward to the Circuit Court, you will receive a Book of Evidence and a Barrister will be briefed to fully consider the case, represent you in Court and to see if the proofs are in order.
The burden of proof is always on the Prosecution. The defendant has a presumption of innocence and therefore, it is always on the Prosecution to prove their case and not on the defence to prove their innocence.
Section 15 A – Misuse of Drugs Act 1977/1984
When the value of the alleged drugs is over €13,000 the State will direct a charge under Section 15 A of the Misuse of Drugs Act 1977/1984.
Should you be questioned in relation to this type of allegation or you have received a charge sheet for the possession of drugs with the intent to supply over the value of €13,000, we would strongly advise that you receive immediate legal advice.
There are minimum mandatory sentences that apply to these prosecutions and therefore it is important that you are fully informed and advised from the outset.