Have you been charged or believe you may be charged with a drug-related offence? Are you accused of possessing or trafficking fentanyl, cocaine, methamphetamine or another drug? The best thing you can do is to contact a Nanaimo drug defence lawyer. At Zargarian Litigation, we have professional drug lawyers who can help you right away.
Give us a call immediately at 604-608-6193. The early stages of a police investigation or criminal charge can be the most important. You are vulnerable without a lawyer. You may tell the police things you will later regret. The sooner you retain a lawyer, the sooner we can help you. Drug offences are among the most serious in law.
What is Possession of an Illegal Drug?
Section 4(1) of the Controlled Drugs and Substances Act makes it a criminal offence to possess an illegal drug. “Possession” means having knowledge and control of something.
You may be in possession of a drug by having it in your pocket, but knowledge and control are broad concepts. This means you may be in possession of something even though it’s in your car, in your house, or in someone else’s property. Therefore, drugs do not have to be on your person or even your property for you to be charged with, or convicted of, possession. That’s why you need an experienced lawyer to advise you of the strength of any defences.
What is an Illegal Drug?
The Controlled Drugs and Substances Act lists prohibited drugs under its “Schedules.” Some examples include:
Schedule I:
- Cocaine
- Fentanyl
- Heroin
- Ketamine
Schedule III:
- LSD
- Mescaline
- Psychedelic Mushrooms
Schedule IV:
- Diazepam
- Lorazepam
- Salvia
- Steroids
Drugs under “Schedule I” are considered the most serious and tend to carry the heaviest penalties.
What are the Punishments for the Possession of Illegal Drugs?
Being charged with a drug-related offence is serious and can have serious and permanent consequences. If found guilty, you may receive a criminal record. A criminal record usually limits travel and employment opportunities.
Sentences for drug possession range from no criminal record to jail time. The maximum sentences for drug possession are severe. For example, for Schedule I drugs, the maximum sentence is seven years’ jail, and for Schedule III, it is three years’ jail. The sentence you receive will tend to depend on your personal circumstances, the circumstances of the offence, and the strength of the Crown’s case. Sometimes, it is possible to avoid a criminal record even though you are found guilty of a crime.
With knowledgeable advocacy, you increase your odds of avoiding a more serious punishment or being found guilty in the first place. Our lawyers know how to navigate these factors to obtain favourable results for our clients.
What is Drug Trafficking?
Section 5 of the Controlled Drugs and Substances Act makes it a criminal offence to give illegal drugs to another, whether to share and with good intent or to sell and profit. This is called drug trafficking. Even if no drugs are given, the offence of “possession for the purpose of trafficking” makes it an offence to possess drugs with the intention of trafficking them. Production, cultivation, importation, and exportation of drugs are also criminal offences. All these trafficking-related offences are among the most serious of criminal offences and jail sentences are common. Trafficking in fentanyl, in particular, is especially serious.
If you are charged with a drug trafficking offence, it is highly advisable to seek our drug lawyer in Nanaimo to represent you. Your life may never be the same again.
What are the Punishments for the Drug Trafficking Offences?
The sentences for drug trafficking are often significant. A criminal record can permanently change your opportunities. You may be unable to travel or work in certain sectors.
Section 5(3) of the Controlled Drugs and Substances Act sets out the sentences for drug trafficking offences. For example, trafficking in a Schedule I substance carries a maximum sentence of life in prison, and, a Schedule III substance, a maximum of ten years’ jail.
Zargarian Litigation – Your Drug Lawyer in Nanaimo
No matter the charge, or whether you’ve yet been charged, it is always best to have a drug lawyer on your side. A lawyer understands how the courts work, the law, and the procedures involved. The law can be particularly complex in drug cases. One reason is that the police investigation is often multi-layered and sophisticated, as significant resources are spent on drug investigations. Another reason is that the Charter of Rights and Freedoms is often involved. If the police violate your rights, the court may exclude any drugs that were discovered, leading to your acquittal. These are hard-won victories.
For a strong defence, you will require a lawyer who knows the practical and legal aspects of a drug prosecution and investigation. At Zargarian Litigation, we have just such a team. Give us a call at 604-608-6193 today and speak to our local counsel.