Drug possession can cause a lot of challenges. You might face dire legal consequences. The CDSA or the federal Controlled Drugs & Substances Act lists all the illegal drugs that include cocaine, heroin, and amphetamines. The possession of any illegal drugs will be considered a crime. Once you face such a charge, first, you will have to hire experienced and reliable lawyers for drug cases. These legal professionals can come to your rescue. They know how to handle a drug charge and create a favorable situation.
The possession of cannabis is not considered a crime anymore under the federal Cannabis Act. However, there will be limits on the quantity. The minimum legal age for possessing cannabis is 18. The possession age might vary a little in some territories and provinces.
What Is Drug Possession?
According to the law, the prosecutor needs to prove certain things to prove your possession. The prosecutor must have the evidence to prove that you have physical control of the drug. The drug must be in your place or under your control to prove the possession. Next, the prosecutor must prove that the possessed drug is illegal. These two things must be followed to prove illegal drug possession.
What Are the Trial Procedures?
The drug possession will be considered a hybrid offence. The Crown prosecutor will have the right to treat the crime as a summary conviction offence or an indictable offence. When the summary conviction is less serious, an indictable offence can result in a serious sentence. However, the Crown will consider a few factors to treat a case as a summary conviction or an indictable offence. The considering factors include the following.
- Quantity and type of drug
- First-time offence or repeated offender
If you are a first-time offender, and the quantity is less with a soft drug, the prosecutor will treat it as a summary conviction offence. When the possession quantity is more, and the drug is serious such as heroin or LSD, the case will be treated as an indictable offence.
What Are the Penalties for Drug Offence?
The penalties for drug possession will be decided depending on the severity of the crime. When the charge is less severe, the convicted might be asked to pay heavy fines and jail time. The type of the drug, the law of your territory or province, and the criminal history of the convicted will decide the severity of a sentence. As stated earlier, first-time offenders with soft drugs might not get a strict sentence.
How to Get Away from the Charge
Once you are charged with drug possession, first, you will have to research experienced lawyers for drug cases. It is a must if you want to understand the legalities and avoid a severe sentence. You should not rely on the advice from your inexperienced family. They do not know how to deal with a drug possession case. They cannot help you with the best possible solution. Therefore, you will have to take the matter seriously.
Hire a drug lawyer who has decades of experience in the industry. A lawyer will have a better understanding of the law. The experienced legal professional will have the experience of dealing with similar cases multiple times. They will use their experience to avoid conviction.
Benefits of Hiring Drug Lawyers
As mentioned earlier, the prosecutor must prove the possession of drugs to establish your crime. If the prosecutor lacks evidence, then a guilty verdict can be avoided. How will you make it possible? How will you know you are not possessing illegal drugs? Here an experienced drug lawyer comes in. They know the local laws and legal requirements. They know which drugs are severe and which amount can cause a severe sentence.
Also, knowingly possessing an illegal drug will be considered a severe crime by the prosecutor. If you hire an experienced criminal defence firm like Vilkhov Law, the professional can prove that you had the possession unknowingly. The legal professional will prove that you were unaware of the presence of drugs in your place. In addition to this, the lawyer will look for any violation of law by the police. Your lawyer will check from all the possible angles to prove your innocence.
Wrapping up
A drug possession charge can lead to a severe sentence. Even if you are not guilty, you should hire an experienced lawyer to avoid any legal complications.