Table of Contents
- Providing A Drug Case by A Prosecutor
- Benefits of Hiring a Drug Lawyer
- Bottom Line
When facing a drug possession allegation, it is ideal to contact a drug lawyer with extensive knowledge of drug laws and experience to provide legal counsel and defend the rights of a defendant during a trial.
Taken on the task alone can be daunting and risky, as the outcome could be jail time or a significant fine. Hence, it is essential to have someone who serves as the eyes and ears of the laws and can use such capacity to one’s advantage. But before discussing the benefits of hiring a drug lawyer, kindly understudy the following elements that can lead to a conviction.
Providing A Drug Case by A Prosecutor
The first aspect of a drug prosecution is the ability of the Crown Attorney to prove that the questioned item is, in actuality, an illegal drug, based on the Controlled Drugs and Substances Act. One thing worth mentioning is that it is illegal to possess the following substance in Canada (except medical reason and certification are backing it):
- Magic mushrooms
- Crystal meth
In proving the substance in question to be an illegal drug, the Crown Attorney must tender the “Certificate of Analysis” provided by a drug analyst who has conducted appropriate testing on the item. This person must be from Health Canada. Providing a police report on the substance being an illegal drug is not enough.
One mistake that may lead to the defendant’s acquittal is when the Crown Attorney fails to tender the certification confirming the item to be illegal. But it doesn’t end there. The Crown Attorney has to provide evidence of the defendant possessing the illicit drug. Here are the elements worth considering:
- The Crown must know the type of item in question
- The Crown must also prove a measure of control over the item
These elements lead to the next section.
Proving the Knowledge of the Illicit Item
Drug laws are not as simple as anyone may think, even though in the real-world scenario, it is easy to conclude a case. For example, being caught with an illicit drug in one’s pocket may not establish actual possession, provided that the individual in question can prove to be unaware of the existence of such an item.
There are scenarios of people putting on their friends’ clothes without cross-checking for foreign items. As such, the Crown Attorney cannot establish the individual to know about the illicit drug, which, in turn, exonerates the person of any allegation.
But that is not all. The defendant may be aware of such an item, but have no knowledge of it being illegal. Imagine coming across a bag of marijuana and assuming it’s a bag of oregano, a substance used to make pizza and other meals.
Such a mistake in identification does not imply knowledge of an illicit item. For this reason, the judge or the jury is required by law to acquit the defendant. As such, ownership of the drug is irrelevant, when considering this element.
Showing Measure of Control Over the Item
It is not enough to prove that the defendant had knowledge of an illicit drug, the Crown Attorney must prove that such an individual had control over it.
To break down the complexity of drug law, the defendant does not have to physically carry the item to be in possession of an illegal drug; as long as the Crown Attorney can prove that such an individual had both knowledge and control over such an illicit item, there will be a conviction.
For example, if an illegal drug is found in a person’s closet, provided that they can prove that someone else (a friend or stranger) had knowledge and control over such an item, the other party can be said to be in possession of the drug.
Interestingly, two individuals can be found guilty of this allegation. How is that possible? If one person of two or more individuals is found in possession of an illicit drug with the knowledge and consent of the rest.
Benefits of Hiring a Drug Lawyer
Other drug-related charges are bound to take effect, apart from those discussed above. For this reason, hiring a drug lawyer can be a lifesaver. Here are some of the benefits that come with this smart move.
Protection of Rights
A drug lawyer is there to protect the rights of clients that are facing potential convictions on the possession or trafficking of illegal drugs. They provide available options that can help to build a solid defense against an allegation. Working with them implies that due process is followed and defendants are not maltreated.
Protection of Defendant’s Public Image
The jurisdiction of a drug lawyer knows no bounds. Such a legal expert will go to great lengths to protect their clients from being poorly treated by those that are not of the legal community, including employers.
Access to the Legal Community
Drug lawyers have vast communication with various entities, including those that are of the legal community. Hence, they can discuss their clients’ charges with other legal members easily.
If there are warning signs that may lead to the defendant’s conviction, the drug lawyer is there to notify the individual. This legal expert also explains comprehensively the challenges to be expected down the line and guide the client on how to navigate them.
Provision of Support Systems
A drug lawyer is not just there to defend a defendant’s right, such a legal professional can recommend ideal treatment programs that can help a client during trial. They ensure that the individual in question stays on course. Individuals facing drug charges can go to them for legal representation.
Creating an Ideal Plan in the Case of a Conviction
Should there be a potential jail time conviction, a drug lawyer is there to “prep” the defendant and ensures that such an individual and other related members are not endangered during this process. Their expertise extends towards ensuring that the individual’s belongings are not exploited.
Drug lawyers are assets worth keeping at all times, especially when dealing with circumstances that may lead to drug criminal convictions. With them, one can be guaranteed a fair hearing and trial.