Drug Possession Defence Lawyer
Drug possession is an offence that can lead to charges for much more serious crimes depending on the type of substance and the quantity involved. These are serious matters that require the attention of a dedicated defence lawyer who will fight to protect your rights and your freedom.
We are drug possession defence lawyer Jeremy Guild. We have experience representing clients in a broad range of drug possession cases involving marijuana, cocaine, heroin, methamphetamine and other drugs. Our offices are in Vernon, Kelowna and Vancouver, and we travel to defend clients in Northern British Columbia, the Yukon, including Fort St. John, Dawson Creek, Whitehorse and the surrounding areas, and Alberta and Saskatchewan.
Protecting Your Rights In Cases Involving Possession Of Marijuana And Other Illegal Substances
Under the law, a person must have both knowledge of and control over the drugs in order to be found guilty of possession. If someone puts their drugs in your jacket pocket, it can be argued that you had no knowledge of the drugs even though you had physical possession of them at the time the police found them.
We also look carefully at the circumstances under which drugs were discovered. Police must have reasonable and probable grounds for conducting a warrantless search. Even if police had a warrant, the search can be ruled unreasonable if the warrant was not issued properly or the police overstepped the authority provided by the warrant.
Drug Trafficking Defence
A conviction for drug trafficking can result in severe penalties, including a lengthy jail sentence, and will affect your ability to travel abroad, in particular to the USA. In addition, recent changes to the Controlled Drugs and Substances Act could place you at risk of mandatory minimum penalties if certain aggravating factors exist. These offences are taken very seriously by Crown prosecutors, and having a reliable defence lawyer representing you is essential.
Depending on the circumstances surrounding your case, you could be charged with drug trafficking or possession for the purpose of trafficking (PPT). Drug trafficking charges are typically laid in cases where the accused has sold or offered to sell a prohibited substance. PPT charges do not require the sale of the drug. A person only needs to be in possession of a large enough quantity. Even a person who has a bag of marijuana to share with friends can be charged with PPT. A person in possession of more than three kilos of a drug will face a separate charge that carries much more serious consequences.
A conviction for trafficking or possession for the purpose of trafficking a Schedule I drug (eg. cocaine, heroin, methamphetamine, ecstacy) or more than 3 kg of marijuana or hashish will result in a mandatory minimum 1 year in jail if you are linked to a criminal organisation, if there was violence, if there was a weapon involved, or if you were convicted of certain drug offences within the previous 10 years. The mandatory minimum is 2 years if there were (or could have been) children in the area. No matter how unfair that minimum sentence may be in your case, the judge has no choice but to impose it. The only way to avoid a lengthy jail sentence in such a case is not to be convicted.
A Strong Advocate On Your Side
If you have been arrested for any drug trafficking offence, help is available. We are Okanagan, British Columbia and Yukon defence lawyer Jeremy Guild. We provide assertive, effective defence in drug trafficking cases. Our aim is to present the strongest possible defence on your behalf in an effort to avoid a conviction and keep your record clean.
We work closely with every client to gain a complete understanding of the events leading up to his or her arrest. Sometimes, the searches that led to the discovery of the drug are illegal and vulnerable to challenge in a court of law. If you were the victim of an illegal or unreasonable search, we will take steps to have any resulting evidence excluded at trial.
Marijuana Grow Operations Defence
Drug production of any kind is a very serious offence in Canada. Unlicensed marijuana grow operations, or grow ops, continue to be a major focus of Crown prosecutors, police and other agencies. Recent changes to the Controlled Drugs and Substances Act allow for mandatory minimum penalties that can escalate depending on the number of plants, possession for the purpose of trafficking and the existence of any aggravating factors. If you have been charged with a crime related to growing marijuana, you should seek the advice of a qualified defence lawyer immediately.
A conviction for production of marijuana will result in a mandatory minimum jail sentence of anywhere from 6 to 36 months, depending on the number of plants and the involvement of certain aggravating factors. If there are more than 500 plants, you are looking at serving 2 years or more in a federal penitentiary. No matter how unfair the minimum sentence is in your case, the judge has no choice but to impose it if you are found guilty. The only way to avoid the minimum sentence in these cases is not to be convicted.
We are criminal defence lawyer Jeremy Guild. In any case involving a marijuana grow operation, the Crown is prepared to dedicate nearly unlimited resources to the prosecution of your case. We will provide the aggressive defence you need to ensure that your rights and your freedom are protected.
Holding Law Enforcement Accountable
There are specific rules and procedural requirements that police and other law enforcement officials must follow in the process of conducting their investigations. Any departure from those rules can constitute a violation of your Charter rights. An effective lawyer will argue for the exclusion of any evidence that was obtained as a result of such constitutional violations.
In every case, we closely examine the search warrants that were approved during the investigation and the authority they provided. If police overstepped the limitations of the warrant or if the warrant was issued without sufficient grounds or was flawed in any way, we will seek to have any resulting evidence excluded at trial.