Caught with Drugs at a Music Festival - Your Rights and Options
If you are caught with drugs at a music festival, there are several charge options for the NSW police. These include;
Possession, supply, deemed supply, and holding drug equipment.
Your Rights if the Police approach you
If a police officer has reasonable grounds to believe you are in possession of prohibited drugs, they have the right to search you. Being present at a music festival is not a reasonable grounds to suspect you are carrying drugs or something illegal.
However, if the Police do believe they have reasonable suspicion to question you, these are your rights;
- The right to remain silent: The main exception is that, under some circumstances, you are required to tell them your name and address, although this mainly applies to motor vehicle-related arrests.
- You have the right to a lawyer and to have them present: Once arrested, you are entitled to a lawyer and for Police to hold out on going further until your drug offence lawyer is present.
- The right to an interpreter: If English is your second language, you don’t speak it at all, you have the right to have an interpreter present.
- You have the right to medical attention: If you are hurt, the Police must ensure your injuries are adequately treated.
The Police may ask to strip search you. If they do, you should be polite, ask why you are being searched, ask to have a friend witness the search, and ask for the police officer’s full name and station. Do not resist the search or arrest, as additional charges, such as resisting arrest, can be laid against you.
Going to Court for Drug Charges
Preparation before going to Court is everything. But, first, you must consider the charge against you and whether the Police can prove the elements of the offense against you.
Once you receive legal advice, you have the following options in Court;
- To plead guilty to the charge/s;
- To plead not guilty to the charge/s; or
- Seek diversion under the mental health act.
If you decide to plead guilty, you should consider writing an apology letter to the Court and obtaining character references. You should prepare a defence on your behalf if you plead not guilty. It is best to speak to a lawyer before doing before pleading not guilty or guilty. If you seek a diversion, you will need a psychological report and should obtain legal advice.
Penalties the Court may impose on you
The penalties for being caught with drugs at a festival will vary. The outcome depends on the severity of your case and any prior convictions you have.
While the maximum penalty for supply or possession of drugs is imprisonment, whenever our drug offence lawyers represent a client charged with possessing or supplying drugs at a festival, our teams aim to ensure that they leave Court without a conviction or criminal record.
