Large sums of cash can be evidence of drug dealing

 

 

 

DRUGS SUPPLY OFFENCES

 Moss & Co have represented many hundreds of people charged with drugs offences. Offences involving the supply of drugs are treated as serious crime. It is therefore very important that you seek specialist legal advice as soon as possible if you are arrested or charged with any of the following:

CONSPIRACY TO SUPPLY

the police often use conspiracy charges because they only need to prove:

  1. That there was a drugs supply or an agreement to supply.
  2. That you knew about it.
  3. That you had some involvement.

They do not need evidence of the act of supply itself. Therefore, the prosecution will often use phone evidence to link co-defendants with each other and with phones that are used directly in the supply of drugs.

POSSESSION WITH INTENT TO SUPPLY

requires the prosecution to prove all three of:

  1. Knowledge
  2. Control
  3. Intent

    Undercover officers may give evidence of actual supply but often the amount of drugs is too much for personal use leading to the conclusion they were for supply.

    If you have an explanation that either means you were not in possession of the drugs or you were not planning to supply them it is important that you obtain legal advice as soon as possible. There are several possible defences to charges of this nature, examples of some of the defences that Moss & Co have successfully put forward on behalf of clients at trial are below.

    • The drugs belonged to someone else
    • The defendant’s home had been used without their consent
    • A drug dealing gang had forced the defendant to let them use their home.
    • The drugs were for personal use.
    • No knowledge of the drugs.
    • No knowledge that the substance was a controlled drug.
    • Duress
    • Modern slavery defences

    BEING CONCERNED IN THE SUPPLY OF DRUGS Is sometime used when the prosecution cannot prove that you are directly in possession of the drugs.

    COUNTY LINES CHARGES

    These prosecutions are about the distribution of drugs from urban and metropolitan areas across the country. Telephone evidence and seized “burner” phones often play a central part.  We have defended cases where vulnerable people were made to hold phones and travel to distribute. Defences can then include duress or modern slavery.

     DRUG IMPORTATION

    Drugs are imported in person, by post, in containers, boats, cars and planes. Importation is similar is viewed much more seriously than simple possession of drugs. Even if only a small amount is imported it can carry severe penalties. 

    Common defences include lack of involvement and belief that it was legitimate cargo.

    PRODUCTION OFFENCES

    Include growing cannabis or making other types of drugs through chemical processes. Production of cannabis is the most common offence. Production for personal use rarely results in serious consequences but this is not the case for cannabis farms where detection will always lead to prosecution. In most cases, if there are nine plants of less the prosecution will accept that it is for personal use.

    EVIDENCE

    TELEPHONE EVIDENCE shows calls and messages made as well as the location of the phone. Often the prosecution will prove links between defendants because the phone evidence shows all the defendants’ phones in the same place.  There may well be an innocent explanation such as being innocently in the company of others or someone borrowing your phone. You need expert legal help to put forward your case. You do not have to prove your innocence, but it helps if you present your explanation in the best possible way.

    EXPERT EVIDENCE

    This can be useful for defendants accused of drugs offences to back up your explanation. We regularly instruct experts in drug use and valuation to confirm that the drugs were for personal use and not supply.  Further experts on gangs can  show that just because a defendant is in the company of  gang members  that does not mean they are involved in criminal activity.

    SENTENCING FOR DRUGS OFFENCES

    Sentences for drugs supply offences can vary from community orders to many years in prison.

    Sentences are broadly based on two factors, the amount of drugs involved, and the role played by the defendant. The bigger the amount and the bigger the role, the longer the sentence. Class A drugs (heroin, crack cocaine, cocaine, MDMA) attract much higher sentences than Class B drugs (cannabis and ketamine).

    The Sentencing Council have produced a sentencing guideline which Judges are obliged to follow. They can depart from the guidelines but would need to give reasons for doing so.

    We do our very best to defend our clients who enter not guilty please.  Sometime clients admit the offence and we work just  as hard to keep them out of prison and where that is not possible to reduce the sentence.

    OUR SERVICE

    Moss & Co have over 30 years’ experience advising clients charged with serious drug offences. We are specialist in (name of offence) and  have an excellent  record.  We are often recommended by satisfied clients and conduct cases both under legal aid and privately.

    Instruct us in your  case 24/7 and you will get:

    • Highly skilled police station representation and support
    • Clear  and precise written advice
    • Careful analysis and preparation of your case
    • A committed team representing you in court

    FOR URGENT HELP CALL 0208 986 8336 24/7

    Call one of our experts on:

    Key Contact

    Gilbert Spurling

    Partner | Head of Crime

    Gil Spurling who specilaises in serious drugs cases.

    Hugo Whalley

    Solicitor

    David Barnett

    Trainee Solicitor

    Marvin Thompson

    Paralegal