Drug Offences

Drug Offences

There is a wide range of drug related charges under the Cyprus Criminal Code and The Law on Drugs and Psychotropic Substances of 1977 (29/1977). The circumstances surrounding the type of the charge and the consequences you face will differ depending on the nature and quantity of the drug. Our team of lawyers ensure that we are always aware of the most recent case law and statutes so that your criminal matter is defended to its fullest.

We have defended every type of criminal drug case, including the following:

 

  • s.6(1)      simple possession
  • s.10(a)    drug use
  • s.4(1)(a)  trafficking
  • s.5(1) (b)possession for the purpose of trafficking
  • s.7(1)   production of controlled substances that include marihuana grow operations and production in a “drug lab”
  • importation
  • exportation

 

What defences do i have?

A prosecution which is related to drug offences is often highly intricate and defending drug cases requires specialized knowledge of the Criminal Code of Cyprus, the The Law on Drugs and Psychotropic Substances of 1977 (29/1977), the Constitutional Rights and Freedoms and the common law.
The General Attorney in such cases must proves that the substance found is in fact an illegal drug and they often do so by issuing a documentary in nature certificate for evidence purposes. It’s important that you work with an experienced lawyer who can identify any problems with this documentary in nature evidence and what impact those problems have on your charges.

 

Many drug prosecutions are based upon evidence obtained through a search warrant, the use of wiretaps or undercover techniques. These strategies are often subject to Human Rights scrutiny, and evidence stemming from an infringement of your Human rights may be discounted from your proceedings.
If you are charged with a trafficking offence, the police may have obtained evidence of your identity through surveillance. In some circumstances, improper identification can result in a withdrawal or an acquittal.

 

Our lawyers will also seek to find other defences to your drug charge. It may be that the drugs were found in a car that was borrowed or that other people were in the car or using your car prior to your arrest. It may also be that other people were in your home or living in your home at the time police found drugs in your home. It may also be that the police did not follow proper procedures in determining the nature of the drug seized such as continuity of the drug or proper analysis of the drug. These defences are not exhaustive but are only some of many that Efstathios C. Efstathiou Criminal Defence Firm will assess in reviewing your case with you.

What happens if i am found guilty?

The answer varies and of course it depends on the personal circumstances, as well as on the criminal history of the accused person. Typically, the quantity and type of drugs found in your possession will be a major factor. Our lawyers have successfully dealt with gram, pound, and kilogram level prosecutions for the entire spectrum of narcotics.

 

The legal reality is that if you are found guilty of a criminal drug offence, there is a likelihood that you will face some kind of incarceratory sentence –perhaps even time in a Federal Penitentiary.