Auckland Drug Offences Defence Lawyer | Class A Drug Charges

Drug Charges in NZ

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New Zealand maintains some of the strictest drug laws in the developed world, with severe penalties for those convicted of supplying, manufacturing, or importing controlled substances. Class A drug offences in particular carry the heaviest sentences, with imprisonment terms of up to life. If you're facing drug charges, having an experienced defence lawyer can make a critical difference to the outcome of your case.

Daniel Schellenberg is an Auckland-based criminal defence lawyer with extensive experience representing clients facing serious drug charges. With a proven track record of defending complex drug cases and a deep understanding of New Zealand's drug legislation, Daniel provides the strategic, knowledgeable representation you need during this challenging time. Take the first step toward protecting your future. Contact Daniel for a confidential consultation to discuss your case and explore your legal options.

What are Drug Offences?

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Under the Misuse of Drugs Act 1975, New Zealand law prohibits various activities related to controlled substances, with particularly harsh penalties for Class A drugs. These offences include:

Supply - This covers selling, giving, exchanging, distributing, or offering to supply drugs to others. Even small amounts can trigger supply charges if the prosecution alleges intent to distribute.

Manufacturing - The production or preparation of controlled substances, including operating clandestine laboratories to produce methamphetamine or other synthetic drugs.

Importation - Bringing controlled substances into New Zealand from overseas, whether through postal services, air transport, or sea freight. These charges often involve coordination between New Zealand Customs and Police.

The penalties for Class A drug offences are particularly severe, reflecting the government's stance on substances considered to have the highest potential for harm.

How Can a Drug Offences Lawyer Help?

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When facing drug charges, Daniel Schellenberg can provide crucial assistance through:

Challenging Unlawful Searches and Rights Violations - Police must follow strict procedures when conducting searches or surveillance. If your rights were violated during the investigation, evidence obtained may be inadmissible in court. Daniel meticulously examines police conduct to identify procedural breaches that could strengthen your defence.

Establishing Lack of Intent or Knowledge - The prosecution must prove you knowingly possessed or supplied the drugs in question. Daniel can help build a defence around lack of knowledge or intent, which is often crucial in cases involving unwitting couriers or where drugs were planted without your knowledge.

Negotiating with Prosecutors - In many cases, charges can be reduced through skilled negotiations with the Crown. Daniel's experience allows him to identify weaknesses in the prosecution's case and advocate for reduced charges where appropriate.

Representation at Bail Hearings - Securing bail while awaiting trial is critical. Daniel provides strong representation at bail hearings to help you maintain your freedom and more effectively participate in your defence.

Useful Tips & Advice

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What should I do if I am accused of drug supply or importation?

Exercise your right to remain silent - Do not make statements to police without legal representation
Request a lawyer immediately - Contact Daniel Schellenberg as soon as possible
Do not consent to searches without a warrant
Document everything - Note the details of your arrest and police conduct
Do not discuss your case with anyone other than your lawyer

What are the penalties for Class A drug supply?

Class A drugs (including methamphetamine, cocaine, heroin, and LSD) carry the most severe penalties:

Life imprisonment is the maximum penalty for manufacturing, importing, supply or possession for supply
Actual sentences depend on factors including quantity, role in the operation, and prior offences

Can I get bail if charged?

Bail is possible but challenging in serious drug cases. The court considers:

The seriousness of the charge
Flight risk assessment
Risk of interfering with witnesses or evidence
Risk of reoffending while on bail
Your ties to the community
Any previous breaches of bail conditions

Can I be charged if I didn't know I was carrying drugs?

Knowledge is an essential element the prosecution must prove. If you genuinely did not know you were in possession of drugs and were not reckless, this forms a valid defence. However, proving lack of knowledge can be complex and requires skilled legal representation to establish credibility.

Example Cases & Successful Outcomes

Criminal Case Example One

Possession methamphetamine for supply charge. Client charged with possession for methamphetamine for supply, possession of cannabis and failing to comply with obligations relating to a computer search. Client denied all charges. I challenged the admissibility of the police search. I argued that my client was unlawfully detained and searched in breach of the New Zealand Bill of Rights Act 1990. I asked that the Crown drop the charges. The Crown prosecutor accepted my argument and offered no evidence to all charges. Charges dismissed under s147 Criminal Procedure Act (deemed acquittal entered).

Criminal Case Example Two

Possession methamphetamine for supply charges. Client charged with possession methamphetamine for supply and offering to supply charges. Client denied all charges. I challenged the admissibility of the police search of my client. I argued that my client was unlawfully detained and searched in breach of the New Zealand Bill of Rights Act 1990. The Crown prosecutor accepted my argument and offered no evidence to all charges. Charges dismissed under s147 Criminal Procedure Act (deemed acquittal entered).

Criminal Case Example Three

Importing methamphetamine and possession of methamphetamine charges. Client charged with importing 22 litres of methamphetamine, offering to supply methamphetamine and possession of methamphetamine for supply x2. The alleged offending involved importing liquid methamphetamine in car shock absorbers. My client faced a lengthy period of imprisonment if convicted. I successfully argued that the importation charge had to be dismissed as the importation was complete by the time she was alleged to be involved. She denied the charges. In the end a resolution was reached with the Crown Solicitor. She pleaded guilty to simple possession of 2.5 grams of methamphetamine and was sentenced to intensive supervision.