This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
If you are being sentenced for a criminal offence then there are a number of tasks that you can do to prepare for your charge to be finalised in court. One of those tasks may be to undergo a drug urine test to prove to the court that you are no longer taking drugs.
What the Court takes into Consideration at a Sentence
There are essentially four basic principles of the court must consider when imposing a sentence on a defendant;
- Punishment: (the court must impose a sentence that punishes the defendant);
- Sending a message to the community: The court is used as a medium that criminal offending will receive punishment. Journalists usually sit in the back of courts and record the names of parties, the nature of the charge, and the penalty that is received.
- Rehabilitation: The court must impose a sentence that allows for a defendant to be rehabilitated. This is usually done through a supervised order such as probation.
- Deterrence: There are two types of deterrence; specific deterrence to stop you from offending again, and general deterrence to stop other people from committing the offence.
In determining the punishment that they will deliver to a defendant, the court will consider a number of factors including;
- the seriousness of the crime
- the effect on the victim
- the offender’s personal circumstances
- the offender’s criminal history
- whether the offender has cooperated with the police
So now let’s look at the top of punishments that the Court can impose. Please note that they can do some of these types of punishments separately, or they can do a combination of punishments.
How a urinalysis can help in your defence
If you have a drug problem in the past but have now overcome the problem then it is a good idea to provide proof that you are now clean. You can do this through urinalysis which is otherwise known as a Drug Screen Test. If these tests come back with no drugs detected in your system then it is evidence that you are no longer taking drugs.
It is advisable to get as much testing done as you can. You will need to speak with your doctor to arrange for the drug testing.
Urine testing is quick, painless and convenient. You will need to speak with your doctor about the cost of the drug screening. The sample is provided to authorised collection centres in controlled circumstances. The sample is then sent to pathologists for testing and the results and returned usually within a couple of days. The authorised collection centres in Queensland are facilities such as QML.
Call an Expert
If you are charged with a criminal offence, it is very important that you seek immediate legal advice.
Our team at Brooke Winter Solicitors can give you over-the-phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions.
We can assist you no matter where you are located and can appear in every court. Please contact us for assistance.