Winnipeg Drug Lawyer

Have you been Charged with Drug Possession, Drug Trafficking, or Drug Production?

Drug offenses encompass a wide range of charges and the laws governing drug-related offenses can be complex. The potential sentences vary greatly, ranging from a discharge to life in prison, depending on factors such as the type of drug, amount of drug, and circumstances of the offense. To mount an effective defense, it is crucial to have a skilled criminal defense attorney with a deep understanding of the Controlled Drug and Substance Act and common law.One of the most basic drug offenses is Simple Possession, with sentences varying depending on the type of drug involved. If the Crown alleges that the drug was possessed for the purpose of trafficking, the sentence is typically a jail term. The length of the jail term depends on the substance and amount involved.

The five most common narcotic offenses are:

1. Simple Possession of a Drug
2. Possession for the Purpose of Trafficking of a Drug
3. Trafficking of a Drug
4. Production of a Drug
5. Importation of a Drug

Sentences For Drug Offences

Sentencing for drug offenses can vary widely. For simple possession, the sentence could range from a conditional discharge to a jail term. For more serious offenses, the offender typically receives a jail term. As sentencing is an individualized process, it is important to have legal counsel who can review the details of the offense and your background in order to minimize your sentence if you are found guilty or enter a guilty plea.

Bail Conditions When Charge With A Drug Offence

Those charged with narcotic offenses will typically be subject to strict bail conditions. These conditions may include no contact with co-accused individuals, a curfew, and no access to cellular phones. Breaching any of these release conditions and getting arrested can make obtaining bail difficult and require careful planning.

Defending Drug Offences

Drug prosecutions can be complex and technical. The mere presence of drugs alone does not necessarily guarantee a conviction for the prosecutor. The burden is on the Crown to prove all the elements of the offense beyond a reasonable doubt, including the nature of the substance and your possession of it.

There are often arguments that can be made for excluding drug evidence based on the Canadian Charter of Rights and Freedoms. If the police conducted a search without a warrant, the Crown must demonstrate that it was reasonable because it was authorized by law, the law itself is reasonable, and the search was conducted in a lawful manner. A search can fail for being authorized by law if the state authority fails to carry out the search in accordance with the procedural and substantive requirements provided by law.

Even though most drug investigations involve experienced police officers, mistakes can be made. Recording your interactions with the police as soon as possible after the incident for review by your legal counsel may assist in having your charges dropped or defending your case at trial. There are several potential defenses to a drug charge, including lack of knowledge, lack of control, entrapment, duress, and the exclusion of evidence.

Related Drug Offence Topics

1. What is Drug Trafficking under Canadian Law?
2. What is the Winnipeg Drug Treatment Court?
3. A Winnipeg Drug Treatment Court Success Story: The Graduation of JJ