I was caught with illegal drugs in Australia. What do I do next?

I was caught with Illegal drugs in Australia

People who use drugs can experience problems with the law, such as criminal drug possession or trafficking charges. Dealing with the criminal justice system can be scary and confusing. Here are some steps you can take to get through the process if you or a loved one are dealing with the criminal justice system.

A disclaimer:

We’re not legal professionals, and we can’t provide specific legal advice for your case. This is general advice about the next steps you can take to find legal advice, and how you can handle the mental and emotional disruption in your life.

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Try not to panic
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Try not to panic

It’s easy to catastrophise when you’re in an uncertain situation. Catastrophising is negative thinking where we jump to the worst-case scenario and assumes the worst possible outcome.

It’s normal to be scared about what’s going to happen next, but if you assume the worst it can ratchet up your anxiety levels and prevent you from making good decisions about the next steps to take. Dr Peter Grimshaw of Harvard Medical School says:

A big part of dismantling our cognitive distortions is simply being aware of them and paying attention to how we are framing things to ourselves. Good mental habits are as important as good physical habits. If we frame things in a healthy, positive way, we almost certainly will experience less anxiety and isolation. This doesn’t mean that we ignore problems, challenges, or feelings, just that we approach them with a can-do attitude instead of letting our thoughts and feelings amplify our anxiety. — Dr Peter Grimshaw, How to tame your cognitive distortions

If you’re in a frightening situation it’s natural to feel anxious, but try to keep your next steps and potential outcomes in perspective. Lots of people move through the Australian criminal justice system every year. Many are able to deal with their legal problems and move on without further incident. Focus on the steps you can take right now to improve your situation.

Psychologist Linda Blair offers “the best friend test” as a way to handle catastrophising:

“Ask yourself what you would advise your best friend to do about each concern, and take that action.”

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Protect your health
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Protect your health

You might find yourself tempted to deal with the increased stress you’re under by increasing your substance use to block things out and deny the pressure is there for a while. That’s a common and understandable response, but it can mean the pressure increases whilst you try to ignore it. If you’re struggling to deal with urges, check out our information about understanding cravings, overdose prevention or harm minimisation, or chat to us about how you can best protect yourself.

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Find your next step
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Find your next step

Sometimes when you’re facing an uncertain task it’s hard to figure out where to start to tackle it. A good way to get through decision paralysis is to do a brain-dump of every single thought in your head. According to Psych Central:

Basically, a brain dump is the act of writing down everything that comes to mind on a particular topic. It’s … a way to get all of your thoughts and ideas down on paper and free up space in your brain. 

People who brain dump usually set a time limit (of 5 or 10 minutes), and get down all of their thoughts on paper. — PsychCentral, Using Brain Dumping to Manage Your Mental Health

So, think about the tasks you need to take care of. Set a timer. Write down everything that comes into your head —big tasks, little tasks, and any other thoughts or anxieties that are swirling in your head.

Dump all your thoughts down on paper, then take a break. Have a shower, take a walk, or try to get a good night’s sleep. Later, come back to your list and try to identify a few key achievable tasks. Those are your next steps. Make a list of those achievable tasks. That’s your to-do list.

Throw away the brain-dump. You only need to focus on the next step in front of you.

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Consider whether you need to seek legal advice
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Consider whether you need to seek legal advice

Most of us have learned most of what we know about the legal system from American tv shows, but real life is different — and Australian law is extremely different from what you watch on the box.

The legal system is confusing and you might need help navigating it. Obviously, it is expensive to hire a lawyer, but many services in Australia provide free or discounted services to people who cannot afford a private lawyer.

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How can legal services help me?
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How can legal services help me?

Some free legal services provide general assistance and will advise on criminal matters, while others offer specialist services for vulnerable people such as those experiencing homelessness or victims of family violence. Specialist services may not handle criminal matters directly, but they can be helpful if your situation is complex, for example:

  • Family violence legal assistance may help if you are dealing with civil matters such as intervention orders and custody issues alongside criminal charges.
  • If you’re concerned about how criminal charges may impact your refugee visa status, a refugee legal service can help you understand your situation.

There are also agencies in each state that provide culturally safe legal services for Aboriginal and Torres Strait Islander people.

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How do I seek free legal advice?
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How do I seek free legal advice?

We’ve listed some options below. Free legal services are usually extremely busy, so if you can, pick a few relevant services to contact, and reach out to them repeatedly if you have to.

If you’re struggling to figure out which services are available in your area, consider checking in at the nearest public library — they can usually point you in the right direction. They can also refer you to other relevant services, and help out if you need assistance with administrative tasks like printing, scanning, and emailing documents.

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General
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QLD

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TAS

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VIC

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WA

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What if I want to hire a private lawyer?
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What if I want to hire a private lawyer?

First, check out this advice on how to choose the right lawyer for you.

Here are some directories to help you find a private law firm in your state:

ACT

ACT Law Society: Find a Lawyer

NSW

The Law Society of New South Wales: Solicitor Referral Service

NT

Law Society NT: First Interview Scheme by area of law

  • These firms are participants in a Law Society scheme that offers potential clients the opportunity to have the price of a first meeting with a legal practitioner capped at $99. The price of further advice or representation will vary.

Law Society NT: All NT law firms by area of law

QLD

Queensland Law Society: Find a solicitor

SA

The Law Society of South Australia: See a lawyer

TAS

The Law Society of Tasmania: Find a lawyer

VIC

Law Institute Victoria: Find Your Lawyer Referral Service

WA

The Law Society of Western Australia: Find a Lawyer

Teenage girl explains her ase to an attorney at a community legal centre

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How should I prepare for the legal advisor?
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How should I prepare for the legal advisor? 

You’ll likely only have a short time with your legal advisor. If you spend some time preparing, you’ll be able to ensure you get the most out of the appointment.

Before you see a lawyer, prepare a file outlining the situation.

  • Provide any documents provided by the police or prosecutor, such as:
    • Bail papers
    • Police records
    • Recordings of interviews
    • Court documents
    • Intervention orders
    • Records of drug diversion programs
  • Create a document summarising the situation from your perspective. Write down:
    • What happened. Include:
      • A short summary of events. For example, “I was arrested in possession of a traffickable quantity of heroin.”
      • A more detailed timeline of events, with relevant times, dates, locations, and key people involved.
      • The contact details of any known witnesses.
    • Any relevant context or history, for example:
      • Past involvement with law enforcement, such as previous criminal charges or drug diversions.
      • Summary of associated issues such as intervention orders, custody or employment disputes.
      • Any psychiatric or drug and/or alcohol treatment programs you’re involved in (past, present, or waitlisted).
      • Contact details of any case workers you might already work with.
      • A brief summary of your personal and professional background.
    • A list of the questions you have for the legal advisor.

Remember: be discreet

You might be thinking about asking a trusted friend or family member to help you put together your notes for the legal advisor. Most criminal defense attorneys would warn you to be very careful about sharing potentially incriminating information with others, even close loved ones. A compromise might be to ask for help to make relevant notes about your life and medical history but to keep your notes about the crime you have been charged with to yourself and your lawyer.

Also: Keep your legal problems off social media! Your legal advisor will thank you.

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Find out about drug diversion programs
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Find out about drug diversion programs

It’s common for police or magistrates to offer people the opportunity to avoid charges, convictions, or imprisonment for drug-related crimes if they attend counselling or other treatment programs. We call this a drug diversion program.

The programs available are different in every state and are typically offered at the discretion of the police officer, prosecutor or magistrate dealing with your case. In some circumstances, even if a diversion hasn’t been offered you may be able to make a formal request to enter into a diversion agreement. It’s a good idea to talk to your legal advisor about whether a request might be appropriate in your case.

Find out more about some of the diversion programs available in each state:

ACT:

NSW:

NT:

QLD:

SA:

TAS:

VIC:

WA:

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Keep your appointments
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Keep your appointments

People usually have obligations they need to meet when they’re facing criminal charges. For example, you might be required to appear in court or attend a counselling session as part of a drug diversion program. You must attend these appointments.

Sometimes, it’s tempting to ignore our problems and hope they go away — but they probably won’t. They’ll hide for a while, growing bigger the whole time. If you skip a court date or diversion appointment, it may ultimately lead to harsher penalties.

If you’re someone who struggles with anxiety or has a hard time keeping on top of appointments, consider if there’s a friend or family member you can ask to be your accountability buddy to make sure you attend your appointments.

If you miss a diversion appointment or know you’re going to be unable to attend at the scheduled time, it’s best to proactively reach out and ask if you can reschedule rather than waiting for the police, magistrates representative, or service provider to come to you. Remember: there’s no need to catastrophise. Even if you’ve missed the appointment, you might still be able to work something out. Give the provider a call and explain your situation.

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Be kind to yourself
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Be kind to yourself

You might be feeling frustrated with yourself — or maybe you’re feeling mad at the world around you. Either way, living with resentment is exhausting and sure to grind you down.

Now is a time to commit to being good to yourself. Spend time with people who make you feel upbeat. Commit to spending time on activities that you find positive and refreshing. Offer yourself moments of kindness.

If you’re feeling stuck in a cycle of negativity, check out these blogs to help you interrupt the cycle:

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Chat with us about your options
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Chat with us about your options

If you’ve been struggling with drugs or alcohol, this experience might have given you the motivation you need to get into treatment, but you might not be sure where to start. Our counsellors are available 24/7 to talk through your options — start a chat to get a referral or more information about treatment programs in Australia. Our service is free, anonymous, and confidential.