Whatshot
Legal Talk
Legal Talk
Date: 2015-12-18
It is not restricted to a particular race, gender, colour, or social class or even religion. Over the years of my practice as an attorney I have come across a significant number of cases where marriages have broken down, and families torn apart because of the drug or alcohol addiction of one or sometimes both spouses. Shockingly the number of married couples who otherwise lead normal lives, have also fallen prey to such drug addiction. Very often a spouse starts taking a recreation drug and convinces the other spouse to also give it a try, with disastrous results for all concerned.
Many of these people insist that they are not addicted to the drugs and that taking drugs so called 'recreation' drugs such as ecstasy tablets or coke or cat or dagga is really harmless fun designed to allow them a chance to unwind over the weekend, due to the sheer pressure and stress they face in their work environment. Taking illegal drugs or such substances means that you are breaking the law. Should the police find you in possession of illegal drugs, the law is unlikely to show much mercy. If the police arrest you for being in possession of drugs, the investigating officer will take you into custody. This means you will be taken to the police station and held in the police cells until you are charged or bail is granted to you.
If you are found to be in possession of a small quantity of drugs, you are likely to be granted bail. You could also face a charge of 'dealing' in drugs if the quantity is sufficiently high. The police can keep you in custody for up to 48 hours before charging you. You have the right to apply for bail. You have the right to contact your attorney and you do not need to give a statement at that stage. If it is within the discretionary powers of the investigating officer to grant you bail, you will probably be allowed to pay a small bail amount. If not, then you will have to wait for the court to formally convene or sit and let the presiding magistrate pronounce whether or not bail will be granted.
If the arrest occurs on a Friday or Saturday night, you could be incarcerated the entire weekend in the police cells until the Court sits on Monday morning to hear the bail application you could find yourself being unable to apply for bail. If the state wants to oppose the granting of bail, they could request the court to adjourn your case for a longer period to allow them more time for investigation. There's no guarantee that bail will be granted simply because you were arrested. Depending on the amount of drugs found in your possession, will determine what type of conviction you would face. The greater the quantity of drugs found, the higher the penalty. If convicted, you will face either a fine coupled with a suspended sentence or face immediate imprisonment. The factors which will influence the court will be the quantity of the drugs found, whether or not you are a repeat offender, the remorse shown by you etc.
Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney. Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.