How To Fight Drug Possession Charges In Canada

April 16, 2020

How To Fight Drug Possession Charges In Canada

Every year thousands of different kinds of drug felonies are reported in Canada. They may include possession of a particular drug for personal use, trafficking, selling, or even importing. However, Under the Controlled Drug and Substance Act, it’s not entirely illegal to carry a drug under certain circumstances, for example, for research or medicinal purposes or in a controlled amount.

This uncertainty sometimes creates confusion, and people end up doing jail time or face other social issues. For this reason, it’s essential to know how you can avoid a criminal record, or win against such cases.

Remain Silent And Hire A Criminal Defence Lawyer

Using your right to remain silent is the first step to achieving success against drug offence charges. It is crucial to know that if police find an illegal drug in your possession, it’s your right to remain silent and ask for your lawyer. Anything you say or do at this point could be used against you in court later. It’s essential to hire expert criminal lawyers if you think your case is complicated. Consider this article for more details on how to select the best criminal attorney in Canada.

Identity Issues

Stephen Gustitis, a famous criminal defence attorney in the U.S. with more than 28 years of experience, says that there are four methods to challenge drug offence charges in court. One of these is identity issues.

It’s a known fact that in all criminal prosecution, the prosecutor must prove the identity of the claimed offender. Drug offence cases are no different. The prosecutor must be 100% sure that the alleged person possessed the drugs and not someone else. This issue arises when there is no evidence on who owned the drugs. Any doubt will lead to a non-guilty verdict.

Possession Issues

Possession of drugs means either caring, managing or controlling of drugs. If the prosecutor is doubtful of whether you were involved in the crime or if he lacks evidence of how you were connected to the management of the drugs, then a not guilty verdict could be declared. Demonstrating that you didn’t realize you had illegal drugs on you is another way to fight off the charges.

Knowledge Issues

Knowingly possessing any illegal drug is another critical element that the prosecutor can use against you. It is therefore essential to set your case as such, so it becomes evident that you unknowingly had the custody of the substance. For example, you rent a spare room in your apartment to a traveler for a week.

During that time, he or she may have left restricted substances in your home. Next week when they’re gone, the police happen to come around and ask for your permission to search the house. They find the substances, and you get arrested for drug possession. In this case, the lack of knowledge would be a good defence.

Search And Seizure Issues

Under section 8 of the Canadian Charter of Rights and Freedoms, the state gives protection to people who are searched and seized without their consent and a proper search warrant. Your criminal defence attorney will look carefully for any inappropriate actions taken by the police during the arrest. In a case of any inaccuracy or violation of the alleged person’s rights on the part of the police, the case will be withdrawn immediately.

These are some of the ways you can win your case against wrongful drug offences. However, this information can not serve as a substitute for a criminal defence attorney. Every case is different and should be handled differently. Schedule your free consultation today at Slaferek Callihoo to learn more about how we can help you defend your case.

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Contacting Darin H. Slaferek

We specialize in criminal law, delivering ethical, effective, and efficient legal solutions that prioritize the best interests of our clients.