Drug Possession Charges

The drug related charge that an individual may face is dependent on the type and quantity of the drug. Our lawyers are knowledgeable concerning all recent developments in this area of law to ensure your matter is defended with the greatest accuracy. Our lawyers at Roulston Urquhart Criminal Defence have defended all types of criminal charges for drug related offences. This includes:

• s.4(1) simple possession
• s.5(1) drug trafficking
• s.5(2) possession for the purpose of trafficking
• s. 6(1) importation
• s. 6(2) exportation
• s.7 production of controlled substances that include marihuana grow operations and production in a “drug lab”

Our lawyers have also defended every type of drug case in a variety of quantities. These drugs include:

• Crack and powder cocaine
• Heroin
• Ketamine (Special K)
• Designer drugs such as MDMA (ecstasy)
• Party drugs such as GHB (gamma hydroxybutyrate) or Liquid Ecstasy
• Opiates, such as morphine and fentanyl
• Methamphetamine (meth)
• Marijuana (pot)
• Hashish
• Psilocybin Mushrooms
• Hallucinogenic drugs such as LSD, PCP (angel dust)
• Prescription drugs
• Khat

Files involving drug related charges are often highly intricate. Defending these types of criminal charges requires superior knowledge of the Controlled Drugs and Substances Act, the Criminal Code of Canada as well as the Canadian Charter of Rights and Freedoms.

During the court procedure, the Crown must prove that the substance found was an illegal drug. This is done by issuing a certificate. Our experienced lawyers are skilled at identifying potential issues with this certificate and explaining to you the impact these arguments may have in your defence. Further defences include analyzing the continuity of the drug during the search and ensuring that the proper procedure was followed in determining the nature of the drug seized.

There are several types of defences that may be raised against drug related charges. Many files are based upon evidence obtained through a search warrant, the use of wiretaps or undercover techniques. These strategies are subject to scrutiny under the Canadian Charter of Rights and Freedoms. Evidence that was collected during a police technique which infringed upon your Charter rights may be removed from the Crown Prosecutor’s argument.
If you have been charged with a trafficking offence, the police may have obtained evidence to prove your identity through surveillance. In certain circumstances, improper identification can result in a withdrawal or an acquittal.

Our lawyers at Roulston Urquhart Criminal Defence will analyze your file to consider all possible defences to the accusations. For instance, if the alleged drugs were found in a vehicle, we will consider if you were the registered owner or if other individuals had access prior to the search. As well, if the alleged drugs were found inside your home, we will consider if other members of your residence were present at the time the drugs were found. These defences are not an exhaustive list but include insight into some of the many ways in which your lawyer at Roulston Urquhart Criminal Defence will challenge the validity of the charges against you.

Your lawyer at Roulston Urquhart Criminal Defence will thoroughly analyze your case and always seek to find a Charter issue to defend you against a drug charge and have evidence excluded at trial. The police may have violated the Charter rights of the accused while obtaining evidence such as when executing a search warrant in your home. Your lawyer will carefully review and analyze the search warrant to determine if it was granted in error. We are experienced and diligent in preparing Charter applications to ensure that your matter is properly defended and your Constitutional rights are protected.

The consequences of being found guilty of a drug related offence will vary greatly on the quantity and type of drugs allegedly found in your possession. As well, your personal circumstances and any potential criminal record may influence the final result. Some offences carry a mandatory incarceration period while others may include a fine or probation period. Our lawyers have successfully handled cases in which various amounts of drugs have been found for all types of narcotics.

It is in your best interest to seek the seasoned legal advice of the lawyers at Roulston Urquhart Criminal Defence as there can be a high likelihood of some form of sentence which includes incarceration. This may even involve time spent in a Federal prison.

In most cases, a criminal conviction of a drug related charge may limit your ability to travel. The United States border has strict policies and will readily refuse to admit individuals with drug-related convictions.