The category we were finalists in was Best Law Firm – Victoria.

With over 200 entries and thousands of reviews we thank our clients for taking the time to provide feedback for the survey.

Full details of the survey can be found at:

http://www.professionalservicesawards.com.au/blog/

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If your property or assets have been subject to a restraining order as a result of its or your alleged connection with a crime there are a few things you can do if you act fast.

The basics

The Confiscation Act 1997 allows the State to:

• Confiscate proceeds of crime
• Confiscate property purchased with the proceeds of crime
• Confiscate property used in the commission of crime.

You do not need to have been convicted of a crime to have your property restrained by the State.  Civil confiscation allows authorities to also restrain assets on the basis of reasonable suspicion of serious crime-related activity.

A convicted person may also be ordered to pay a monetary penalty to the State up to the value of any benefit received as a result of committing the offence in question. Proceeds of criminal activity can be anything of value, including:

• Land
• Cars
• Bank Accounts
• Shares
• Jewellery.

Restrained assets are forfeited to the State. If you are an innocent third party who has an interest in restrained assets, your interest in the property will still be at risk of forfeiture even though you are not being accused of committing the crime.

What can you do?

Whether you are the accused or an innocent third party, if your property is restrained, the Confiscation Act provides ways for you to protect your interest from being forfeited to the State.

A quick response is vital. The first step to obtain specialised advice about your legal rights immediately as many of the exclusionary processes under the Confiscation Act are time limited.

A solicitor with expertise in Confiscation Law can ascertain if you are able to challenge the restraining order and exclude your interest from it or exclude your property from forfeiture.

He or she may be able to apply to the Court to have your Restrained Assets returned to you by proving it was ‘lawfully acquired’ and untainted by criminal activity.

At Paul Horvath Solicitors we can advise you on all matters pertaining to Confiscation Law, including:

• The effect of restraining orders
• The types of forfeiture available under the various statutory regimes
• Exclusion applications
• Forfeiture applications
• Pecuniary penalty orders
• Confiscation litigation costs.
• Restrained Assets

Time is of the essence. Call us immediately to discuss your unique circumstances so we can find the right legal solution for you.

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Drug offences include a number of categories of varying seriousness, each attracting a different penalty. Categories of major drug offences include:

1. Use
The definitions of “use” includes smoking, inhaling the fumes of, or introducing a drug of dependence into a person’s body.

• Penalties – range from a fine for cannabis use to a fine or imprisonment for up to 1 year or both for other illegal drugs.
• First-time cannabis or heroin users in Victoria will normally be formally cautioned rather than charged, at the discretion of police.  You will be referred to compulsory counselling at a drug treatment centre. Failure to attend might result in charges ultimately being laid.

2. Possession
In the eyes of the law, possession of drugs is not necessarily the same as ownership or use. For example, if you are aware of drugs in your house, you can be charged with possession even if the drugs belong to another member of the household.

• Possession can also include being found with objects used to take drugs (e.g. bong, pipe, syringes) or objects used to produce drugs (e.g. scales, lights, agricultural equipment).
• The maximum penalty for a charge of possession of any drug where possession of the drug is not related to trafficking is a fine calculated in relation to the amounts possessed or up to one year’s imprisonment, or both.
• If you are charged with possession of a trafficable quantity of drugs, see trafficking penalties below.

3. Cultivation
This charge covers the growing, preparing, manufacturing, packaging and production of a narcotic plant, usually cannibis. A single one of those acts constitutes the offence: to water (nurture) a plant or to harvest one leaf constitutes an act of cultivation.

• Penalties – If the court is satisfied that cultivation was not related to trafficking, the penalty for cultivation is a fine or imprisonment of not more than one year, or both.
• The penalty for cultivation related to trafficking purposes is a maximum of 15 years imprisonment or a fine calculated by reference to the amounts cultivated.
• The penalty forcultivation of a commercial quantity of a narcotic plant (100 plants or more) is a maximum of 25 years imprisonment and a substantial fine calculated by reference to the amounts cultivated.
• For a large commercial quantity, the maximum penalty is life imprisonment and a substantial fine calculated in relation to the amounts cultivated.
• Forfeiture and Restraint of Assets: If you are charged with cultivation (or trafficking) of a commercial or large commercial quantity of drugs, usually your assets will be frozen and seized, and not even available to pay legal costs.  Please contact us to discuss this as we deal in this area.

4. Trafficking
This charge usually involves larger quantities of drugs, multiple acts of “supply” (or giving, distributing, selling, administering or transporting drugs – even giving a friend a pill can constitute supply) for the purpose of commercial gain.  It can include, but not be limited to, the organised business of selling drugs, but it is important to note that buying drugs for a friend, when that friend has given you the money to purchase can also be seen as trafficking, even if you make no profit from the transaction.

• Penalties – Trafficking is an indictable offence. For trafficking offences of non-commercial quantities the maximum penalty is 15 years imprisonment or a fine calculated in on the basis of the amount trafficked.
• For trafficking to a person under the age of 18 years of age, the maximum penalty is a term of imprisonment of 20 years or a fine calculated in on the basis of the amount trafficked.
• The penalties for the trafficking commercial quantities of illegal drugs are very severe: a maximum term of imprisonment of 25 years or a substantial fine, or both.

5. Conspiracy.
The law deems that anyone conspiring with another to commit a drug offence is liable to the same punishment as if they were guilty of the offence they are conspiring to commit.

This means that simply planning to commit a drug offence can carry the same penalties you would receive if you had committed the crime.

If you have been charged with any of the above drug offences it’s vital you get legal advice immediately. Don’t delay. Call Paul Horvath Solicitors now to talk through your options.

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