Conspiracy to Supply Drugs
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Conspiracy to Supply Drugs Defence Lawyers
Facing allegations of conspiracy to supply drugs is a serious and complex legal matter that requires immediate, expert legal advice. At Clifford Johnston & Co, we understand the serious implications that these charges can have on your life.
With more than 35 years of experience in criminal defence, our highly skilled drug defence solicitors are committed to providing robust representation, safeguarding your rights, and building a strong defence.
What is Conspiracy to Supply Drugs?
Conspiracy to supply drugs occurs when two or more individuals agree to engage in the supply or distribution of illegal substances, including Class A, B, or C drugs. The agreement, and intention to carry it out, is sufficient for a prosecution, even if the act of supply does not take place.
It is crucial to note that you can be charged with conspiracy to supply drugs even if you do not directly handle the drugs. Any involvement in the supply chain, whether you are planning, assisting, financing, or playing a minor role, can lead to serious legal consequences. Such roles may include acting as a driver, lookout, custodian, or being involved in financial transactions related to drug sales.
Difference Between Conspiracy to Supply and Possession with Intent to Supply
It’s important to distinguish between conspiracy to supply drugs and possession with intent to supply drugs. With a conspiracy charge, the focus is on the agreement to supply rather than possession or distribution of the drugs. Possession with intent to supply is a separate charge, which is often preferred by the prosecution when drugs are found under an individual’s control, accompanied by evidence of intent to distribute, such as phone evidence and tick lists.
What Types of Drugs Are Involved?
The classification of the drug involved is a significant factor in determining the seriousness of the charge and potential penalties. In the UK, illegal drugs are divided into three categories:
- Class A: Cocaine, heroin, ecstasy (MDMA), LSD, methamphetamine, crack cocaine.
- Class B: Cannabis, amphetamines, ketamine, synthetic cannabinoids.
- Class C: Anabolic steroids, diazepam, GHB, certain prescription drugs when misused.
The Legal Process
Facing a conspiracy to supply drugs charge can be daunting, but having an understanding of the process can help you and your family feel more prepared for what lies ahead.
Below is a general overview of the legal process:
- Investigation Law enforcement will typically conduct a thorough investigation, which may involve surveillance, phone intercept, and searches of your property. They will gather evidence, such as witness statements, telephone records, text messages, experts and social media communications, in order to build their case against you.
- Arrest If the police obtain sufficient evidence, you may be arrested and formally charged with an offence of being involved in the supply of drugs. This is a crucial moment to seek expert legal advice. We can be present during any interviews with the police to ensure that your rights are protected, and that you do not incriminate yourself.
- Bail or Remand If you are charged with a drugs offence, the police will either bail you or keep you in custody until the next available court. The court will then decide whether to release you on bail or hold you on remand, in prison, until your trial date. We can assist you in applying for bail and ensure that any conditions imposed are reasonable and proportionate.
- Court Proceedings Depending on the seriousness of the charge, the case may be heard in either the Magistrates’ Court or Crown Court. Serious conspiracy cases, particularly those involving Class A drugs, are typically heard in the Crown Court.
Evidence Used in Conspiracy to Supply Drugs Cases
The prosecution will rely on a variety of evidence to prove conspiracy. This evidence may include:
- Large quantities of drugs, especially if not consistent with personal use.
- Drug paraphernalia such as scales, packaging materials, or cutting agents.
- Unexplained cash or bank transfers that indicate involvement in drug-related activities.
- Surveillance footage or intercepted communications.
- Phone records showing repeated contact with known dealers or traffickers.
- ANPR (Automatic Number Plate Recognition) data to track vehicle movements.
- Forensic evidence, such as fingerprints or DNA linking individuals to the drugs.
Challenging Evidence
It is possible to challenge the admissibility of certain types of evidence. For example, if surveillance or phone intercepts were conducted without proper legal authority, the evidence could be deemed inadmissible. At Clifford Johnston & Co, we scrutinise every aspect of the prosecution’s case to identify weaknesses and challenge any unlawfully obtained evidence.
Potential Defences for Conspiracy to Supply Drugs
Several defences may be available depending on the specific circumstances of your case.
One possible defence is the lack of intent and/or knowledge. You may not have been aware that you were involved in a conspiracy to supply drugs. For example, you may have unknowingly provided transport and/or other services without fully understanding its purpose.
Another potential defence is coercion or duress, where you were forced or threatened into participating in the conspiracy. This could significantly impact the outcome of your case if you can demonstrate that your involvement was not voluntary.
If you played a minor role in the conspiracy, such as acting under the direction of others or having little knowledge of the broader operation, this could be used to mitigate your position.
Additionally, in some cases, the defence of mistaken identity can be raised. If evidence, such as phone records, have been incorrectly attributed to you, we will work diligently to prove that you were not involved in the conspiracy.
Sentencing Guidelines and Factors That Influence Penalties
Sentencing for conspiracy to supply drugs is severe, particularly in cases involving Class A drugs. The sentence is determined by a range of factors. One key factor is the role you played in the conspiracy. Individuals who play a leading or significant role are likely to face harsher sentences, whereas those with lesser involvement will receive less.
The scale of the operation also plays a significant part in sentencing. Large-scale operations, involving the distribution of substantial quantities of drugs, typically result in more severe penalties due to the broader impact of the crime.
If you have previous convictions, especially for drug-related offences, the court will treat is an aggravating factor and most likely impose a more severe sentence than if you were of good character. An extensive criminal record can significantly influence the court’s perception of your culpability.
The involvement of vulnerable individuals, such as minors, in the conspiracy may also be viewed as an aggravating factor, increasing the severity of the sentence.
However, certain mitigating factors may reduce the severity of the sentence. These could include being coerced into participation, remorse, or playing a lesser role in the operation. Our team will thoroughly explore and present any mitigating evidence to advocate for a more favourable outcome.
Contact Us for Expert Legal Advice
If you are facing conspiracy to supply drugs charges, it is essential to seek legal advice as soon as possible. At Clifford Johnston & Co, we have the experience, knowledge, and dedication to help you navigate the complex legal process and provide you with the best defence. We have offices in Stockport and Manchester and represent clients across England and Wales.
Contact our solicitors in Cheshire or Manchester today to discuss your case and get the expert legal help you need.
How long does it typically take for a conspiracy to supply drugs case to go to trial?
The timeline can vary significantly, but it often takes 6 to 18 months for a case to heard at trial. Factors like the complexity of the case, number of Defendants and the availability of Judges can influence the delay.
Can I get bail if I am charged with conspiracy to supply drugs?
It is possible, but will depend on various factors, including the seriousness of the charges, your criminal history, and the strength of the prosecution’s case.
Can I be charged with conspiracy to supply drugs if I was only involved in the planning stages?
Yes, even involvement in the planning stages could amount to a conspiracy. The prosecution often focuses on the intent and agreement, and not necessarily the actual act of supplying.
What is the difference between Class A, B, and C drugs in terms of penalties for conspiracy to supply?
Class A drugs typically carry the most severe penalties, followed by Class B and then Class C. However, other factors like the quantity involved can also influence the severity of sentencing.