Under the Criminal Code of Canada, any kind of criminal charge can be very serious. A person when charged with the possession of drugs can face severe penalties, such as fine and jail term. In fact, criminal lawyer Toronto points out that every year, thousands of people are arrested for the possession of certain kind of controlled drugs. Thus, lawyers are pointing out that those who are getting charged for drug possession shouldn’t expect favorable outcome.
Drug Possession: A Serious Offence
Under the Criminal Code of Canada, drug possession can be divided into three types. They are:
- Personal possession
The accused person is well aware of the fact that he/ she holds the custody of the drug in question and have a complete idea of it.
- Constructive possession
An accused should have a total knowledge about the item, i.e. drug. Also, the person is determined to use the item and also take control of it.
- Joint possession
Basically, it can refer to multiple people who were given the custody of the item or object.
For all these types of possessions, an accused is considered to be guilty. There is no need to prove beyond reasonable doubt the guilt of the accused. However, criminal lawyer Toronto points out that for an innocent person accused for possessing drugs, the law is not that strict. Circumstantial evidence needs to be proven in court to show the innocent person is guilty.
Things to Know When Caught with Drugs
When a person is caught with drugs in Canada, the person is convicted under Controlled Drugs and Substances Act (CDSA). The drug offences are:
- Possession of prohibited or controlled substance.
- Trafficking of prohibited and controlled substance.
- Possession of controlled substance with the intent of trafficking
- Producing or cultivating controlled substance.
Depending on the type of drug with which the person was caught, the sentencing of the court depends. Apart from long jail term, a person’s travel plan might be restricted. Also, the accused person stands the chance to lose their job.
Hence, when a person is charged with drug possession, experienced criminal lawyer in Toronto can easily defend the drug charges of their client. Whether one is guilty of possessing the drugs, is decided later on. First of all the accused is arrested or taken into custody.
It is the right of the accused to get in touch with a criminal attorney. The attorney will check whether the criminal offences, investigation, prosecution, and arrest have taken place in accordance to the rights. The rights are clearly mentioned in the Charter of Rights and Freedoms.
At this point, criminal lawyer Toronto can appeal to the judge that the evidences were not procured according to the rights. If the judge gets satisfied with the evidence that accused person’s right was violated, the judge would dismiss the case.
Criminal lawyer Toronto can help the accused to understand the merit of their case. They can provide best representation so that their client’s case gets dismissed if not guilty. If guilty, they ensure the client gets minimal punishment.