Possession is quite simply defined: it is having with you substances which are prohibited by statute. You are only guilty of this offence if you know, or ought to know, about the presence of the drugs. The following are some of the most common controlled substances which people are charged for possessing:
With the exception of anabolic steroids, all of the above carry very heavy sentences. In the case of class A drugs such as cocaine, ecstasy, and heroin, the maximum sentence is 7 years in prison. In the case of class B drugs such as cannabis and synthetic cannabinoids, the maximum sentence is 5 years in prison. Given these potential sentences and the proper procedures which the police must go through when searching you for these drugs, it is important to have a solicitor look over your case and the evidence produced to advise you on the best way to win your case. Our drugs solicitors are highly experienced in defending clients accused of possession. It is very often the case that they secure not guilty verdicts, and if this is unavoidable, they will avoid custodial sentences in favour of simple Community Payback Orders.
Possession with intent to supply is defined in Scots law as the possesion of controlled substances in circumstances from which it could be inferred that you intended to supply the drugs to others, as opposed to using them yourself. In order for the Crown to succeed in a prosecution for this offence, they must show that, on the evidence, available, you were going to supply rather than use the drugs. Usually, this evidence comes in the form of the volume of drugs found or circumstances such as text messages discussing the drugs. At every step in a prosecution for possession with intent to supply, the police and the Crown have strict rules which they must abide by. If they do not do so, the evidence in your case might not be admissible in court. If you are being charged with possession with intent to supply and you think the police have abused their power to get evidence from you, contact our drugs solicitors today to arrange for us to examine your case.
Being concerned in the supply of drugs is defined in Scots law as being involved, at any stage, in the supply of drugs. This is a very wide definition, and covers everything from weighing and packaging drugs to physically transporting them. As a result of this definition, it is important to remember that you do not have to actually sell drugs to be concerned in the supply. Similarly to possession and possession with intent to supply, being concerned in the supply of controlled substances carries a potentially-huge sentence, sometimes amounting to life in prison if the drug in question is class A. Therefore, if you have been charged with this offence, it is essential to seek legal advice as soon as possible. Our drug solicitors are available 24/7 and have a wealth of expierence dealing with casing involving possession and supply of drugs; we will be able to help.
The offence of supplying drugs or controlled substances is defined simply as intentionally moving drugs from your possession to someone else's. You need not accept money for drug for it to be considered supply from the court's perspective. Sentences for supplying drugs, especially class A drugs, are extremely high, and class A drugs in particular attract a potential life sentence. If prosecutions for supplying drugs are going to attract such sentences, the prosecution will have to be in the High Court. If this is the case, you will not be able to represent yourself; instead, you will require to have an advocate speak on your behalf. Our solicitors have strong working relationships with a small group of some of the best advocates in the country and will select the advocate who is right for your case. We will work closely with them throughout the preparation and presentation of your defence.