SUCCESS STORY

Victoria

Drug Possession – Case Withdrawn Due to Illegal Search

Expert identification of unlawful police search leads to complete withdrawal of drug possession charges based on Charter rights breach, protecting client’s clean record at Frankston Magistrates’ Court.

Frankston Magistrates’ Court
  • Drug Possession

Case Overview

Frankston Magistrates Court 

Charge: Drug Possession

Client: 24-year-old male

Our client was charged with possessing cocaine after being stopped and searched by police without a warrant. Upon review, we determined the police had acted unlawfully by conducting a search without reasonable grounds or informed consent.

We filed a preliminary application to exclude the evidence on the basis of a breach of the client’s rights under the Charter of Human Rights and Responsibilities Act. Before the application could proceed, the prosecution reviewed the matter and accepted our position.

All charges were withdrawn. No criminal record was recorded.

This result was only possible due to our attention to legal procedure and early identification of police misconduct—demonstrating the value of expert legal knowledge at Elbob & Stephenson Legal.

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