Drug Lawyers specializing in Drug cases in South Africa

We are Drug lawyers in Cape Town. We specialize in doing drug cases in the greater Cape Town, we can assist anytime. Call 072 604 5324 All hours for our expert assistance with your drug case.

Are you in need for legal assistance with a drug charge? Are you being accused of posession of drugs? Have you been accused of dealing in drugs? Have you been arrested for a drug related offense? We can assist you in with your drug case. We can obtain bail for yourself, a family member or friend on your drug case. We also deal with trials on drug charges and give expert legal advice on drug cases.

Kindly call us at the abovementioned emergency number and we will get right on it.

"24 hours – we available all hours – simply call our drug lawyers on 072 604 5324 "

Discussion on a drugs charges and what it entails

IN South Africa, if you are arrested for drugs, be that possession of drugs or dealing in drugs, it is considered a serious crime by South African Courts. The resultant sentence or penalties for a drugs crime, if you convicted can be harsh.

It goes without saying then that upon conviction for possession of drugs or dealing in drugs you receive a criminal record that stays with you. Criminal records have impacts on varying aspects of your life, be that future job applications, relationships to name but a few. It is then of the utmost importance that you deal with your pending drug case with utmost of seriousness and gives it the dedication and attention it deserves. This is a matter that can devastating impact on your life, if not treated correctly. An expert drug lawyer will assist you in lessening the impact a drug case has on your life and possibly even resolving the matter all together.

Once arrested for a drugs offense, the police and the prosecutors will often make it seems that you have no alternative but to plea guilty. It is almost as if the accused person feels they being intimidated into taking responsibility for a case.

They give the misguided impression that there is simply no way out of this mess. It is at times like this that you need to be mindful that this is but only one way to see the case against you, furthermore it is then also the very same case viewed from only one side. We all know from life experience that all things in life have different sides. Different points of view, and different ways it could be interpreted.

Contracting an expert drug lawyer for your case has a vast number of benefits it provides, regardless of the severity of the matter or your personal circumstances.

Our expert drug lawyers will defend your right vigorously and fearlessly. Ensuring that you are well informed and comprehensively advised at each and every step of the way. You will receive a comprehensive analysis of your case with all the various legal options at your disposal to ensure the most favorable outcome possible in your drug case.

Our expert drugs lawyers will guide through the legal process step by step. You will have an expert at your side to walk with you every step of the way until the matter is dealt with. Our drug attorneys have more than 24 years criminal court experience and are well known and versed experts in the field.

South African Drug legislation - The Drugs and Drug Trafficking Act 140 of 1992

The important definitions in Act 140 of 1992

“drug” means any dependence-producing substance, any dangerous dependence producing substance or any undesirable dependence-producing substance;

“drug offence”—

(a) in relation to a drug offence committed in the Republic, means an offence referred to in section 13 ( f );

(b) in relation to a drug offence committed outside the Republic, means any act or omission which, if it had occurred within the Republic, would have constituted an offence referred to in that section;

“manufacture”, in relation to a substance, includes the preparing, extraction or producing of the substance;

“property” means money or any other movable, immovable, corporeal or incorporeal thing;

“scheduled substance” means any substance included in Part I or II of Schedule 1;

“sell”, in relation to a drug, includes to offer, advertise, possess or expose the drug for sale, to dispose of it, whether for consideration or otherwise, or to exchange it;

“undesirable dependence-producing substance” means any substance or any plant from which a substance can be manufactured included in Part III of Schedule 2.

(2) In this Act—

(a) except where it is inconsistent with the context or clearly inappropriate, any reference to property shall be construed as a reference also to property which is situate outside the Republic;

(b) any reference to a person practicing any health service or cognate profession shall be construed as a reference to a person practicing any health service or cognate profession as defined in the Medicines Act.

The crime of possession of drugs – Section 4 of Act 140 of 1992

Section 4: Use and possession of drugs. —No person shall use or have in his possession—

(a) any dependence-producing substance; or

(b) any dangerous dependence-producing substance or any undesirable dependence-producing substance,

The crime of dealing in drugs – Section 5 of Act 140 of 1992

Section 5:Dealing in drugs.—No person shall deal in—

(a) any dependence-producing substance; or

(b) any dangerous dependence-producing substance or any undesirable dependence-producing substance,

UNDERSTANDING SOUTH AFRICAN DRUG LAWS

The offense that you will be charged with be it possession of drugs or dealing in drugs depends on the type of illegal substance involved, the quantity you were found in your possession or under you control, your actions in relation to the drugs, and the actions that transpired during the incident.

Being discovered with a small amount of heroine in your pocket, you will face a certain charge for heroine possession. However, if you are found with large qualities of heroine in your vehicle you may face a different charge namely dealing in drugs. In this regard see the expanded definition in Act 140 of 1992 for dealing.

If you have any questions regarding the drug crime, you are facing and whether the charges are appropriate or excessive, call a drug lawyer immediately. Prosecutors often charge people with the highest offense possible, but a skilled defense lawyer may be able to argue for amending the charge to something more fitting.

WHAT CONSTITUTES POSSESSION OF DRUGS?

Facing a drug charge, you need to understand what the law considers “possession.” Possession of the drugs could mean (but it not limited to) on your person, and you were aware of them. Examples of such is having the drugs in your pocket, or on your person in some shape or form, like in your bag or in your car.

Even if the drugs were not found on your person, you could still end up being convicted for possession of the drugs. This will be the case where your drugs is found in a friends apartment or vehicle and the prosecutor can prove it is your drugs. Obviously the prosecutor need to prove the drugs were under your control and possession and that you had the intention to possesses such even though the drugs were physically removed from you. Another term for this type of possession is constructive possession of drugs

DEALING IN DRUGS IN SOUTH AFRICA

In South Africa the weight of the drugs in your possession or under your control is important. This will in most instances be the difference between a charge of possession of drugs or the more serious charge of dealing in drugs.

The weight of the illegal substance coupled with the circumstances under which it was discovered will determine which charge will be brought against you. For instance, if you arrested with 1kg of cocaine, distributed in several small packets seemingly ready for sale or distribution that will warrant a dealing in cocaine charge. Similarly if you arrested with 2 or 3 small packets of a gram of heroine then it can be argued that you were merely in possession and did not have the intention to deal in the illegal substance.

There are mandatory minimum prison sentences for dealing or trafficking in drugs. This is a contravention of section 5(b) of Act 140 of 1992. In terms of the Minimum sentence Act 105 of 1997, a conviction on dealing in a dangerous dependence forming substance with a value of more than R50000 will warrant a sentence of 15 years imprisonment. The severity of the sentence is directly proportional to the quantity and value of the illegal drugs concerned. It is important to note that different sentences are handed down for different kinds of drugs. Not all drugs are considered equal, thus not all sentences for different drugs are the same. A sentence for 10 Kg of Marijuana and 10 Kg of Cocaine is going to be vastly different. Please note that dealing in Marijuana is still illegal. Its is possession of Marijuana in quantities for personal use that is not illegal. Please do not confuse the issues.

South African Drug sentences and penalties

The manner in which a court will come to a just sentence is a complicated process. There is an entire host of factors that the court needs to take into consideration in order to come to a just and legal sentence.

The statute under which you have been charges will firstly determine the competent sentences or penalties the court may impose. That will always be the starting point. The court will then also look into the circumstances of the particular case and what transpired there. This includes the quantity and value of the drugs concerned their intended use. Your personal factors also play a large role in coming to a just penalty. If you have been previously convicted of a drugs offence that will weigh heavily on the courts mind.

There are plenty of ways to persuade the court to reduce your sentence, regardless of how serious or dire the drugs charges may seem. A competent drug lawyer will know exactly what is needed and how to go about reducing the possible impact sentencing factors may have on you in the end.

It is not possible to accurately tell you that for example for possession of so much cocaine you will get this or that sentence. These sentences or penalties vary greatly depending on the presiding officer and the current situation in their district. To give an indication, in one district you may receive a prison term wholly suspended for dealing in meth, while in another you will go to prison for the same. It be best that you discuss possible outcomes in this regard with a drugs attorney who practices in the district where your case is. A good drugs lawyer will know the presiding officers and how they view the different drugs offences.

COLLATERAL CONSEQUENCES OF A DRUG CRIME

If you are convicted of a drug offense, you face more than incarceration and fines. The additional consequences of a drug conviction may reverberate throughout your life.

Drug convictions may force you to deal with:

Challenges continuing your education

Ineligibility for federal financial aid

Difficulty finding work

A reduction in your custody or visitation rights

Immigration issues