Oshawa Criminal Lawyers Representing Drug possession Offenders
Drug possession charges are a serious offense and if you are charged with drugs for the purpose of trafficking or drug possession, you need an experienced Oshawa Criminal Lawyer to represent you.
Defense For Cases Relating to Drug Offences
There are a variety of items that need valid proof in the case of drug possession:
1) The Drug Must Be Illegal
According to the ‘Controlled Drugs and Substances Act’ the drug(s) in question must fall and not be prescribed. A number of drugs including marijuana and ecstasy are prohibited in Canada. Criminal Lawyers Oshawa know illegal drugs.
The police and a specialist from Health Canada must prove the drug in question is illegal.
2) Evidence Of Illegal Drug in Possession
The Crown must prove legal charges.
These criteria must be proved:
(real possession)
i) caught with it or gave to another.
(possession elsewhere)
ii) has the drug elsewhere or knows of this situation.
(shared possession)
b) if anybody has or knows of anybody with the drug.
Real Possession:
The crown must prove they know what the drug is and prove they had control it. Criminal Lawyers Oshawa will defend you.
i) Knew of the illegal substance
Proof the defendant ‘knew’ he had the drug or ‘knew’ about it.
Knew it was illegal.
More Than One Person With Possession
More people knew about the illegal substance.
Legal Rights of Freedom in Drug Possession Cases
The crown must prove the drug was found legally. Can’t be found illegally.
The police can’t breech the ‘Canadian Charter of Rights’ to find evidence.
Criminal Lawyers Oshawa have found many cases where rights were violated. I have proven this in many situations.
Having An Illegal Drug For The Purpose Of Selling
The crown has to provide evidence the defendant knew about the illegal substance, knew what it was and was selling it.
Some factors in question are:
1) the amount of illegal substance;
2) the total money discovered;
3) the character of witnesses
4) the worth of the illegal substance found
Just because someone is caught with an illegal drug in their possession does not mean they will be convicted.
The authorities need to prove the illegal substance was sold and/or would be sold in the near future. Criminal Lawyers Oshawa are there to prove this wasn’t the case.
Consequences of Selling Drugs For the Monetary Gain
The judge deals with each case separately and it is very difficult to ‘guess’ what sort of sentence will be passed. Oshawa Criminal Lawyer are experts in these cases. Each case is complex and a lengthy process with a lot needing to be proven.
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