(Lethbridge, P.C.) The accused was charged with possession for the purpose of trafficking powder cocaine and production of crack cocaine. The charges were ultimately stayed by the Crown due to frailties in the evidence of possession.
DRUG DEFENCE LAWYER | CALGARY
DEFENDING drug offence CASES FOR OVER FIFTEEN YEARS
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war on drugs
The “war on drugs” is no longer merely a political catchphrase chanted by politicians to attract public support. By all accounts, the demonization of the drug trade is reflected in the legal reality that police expend tremendous resources to halt the proliferation of narcotics in our communities. Parliament has armed police and Crown with a variety of resources to assist in the investigation and prosecution of drug crimes. The Alberta Court of Appeal has established starting point sentences for low level commercial trafficking (or possession for the purpose of trafficking) Schedule 1 substances such as cocaine, MDMA, heroin, crystal meth, opioides (such as Morphine, Oxycontin and Fentanyl) and other hard drugs. Though the starting points are guideline only, Alberta’s highest court routinely upholds harsh penitentiary sentences and consistently substitutes non-custodial dispositions for jail. Recent legislative amendments have further increased the penalty for conviction for other narcotics, even marijuana. If convicted of certain drug offences, it appears the Crown policy is to seek jail.
You have probably heard the terrifying language "Opioid Crisis" or "Fentanyl Crisis". As you are probably aware, a large number of fatalities are being attributed to Opioides -- in particular, Fentanyl and Carfentanil. With that in mind, it is important to be aware that Court's are slapping offenders convicted of trafficking Fentanyl with lengthy jail sentences and often detaining them in custody without bail until the case is resolved one-way or another.
As a result, you need a drug defence lawyer capable of defending your case.
Defending drug charges is becoming increasingly more difficult. Not only is an accused facing the weight of a potentially resource heavy police investigation – that may involve a plethora of techniques including the use of undercover operators, wiretap, tracking devices, complex surveillance (such as from a motor vehicle, aircraft or video), ruse traffic detentions, search warrants and Confidential Informants – the accused must overcome the general stigma of being charged with a drug crime. The stigma emanating from many drug offences may be so overpowering as to cloud the presumption of innocence and to marginalize Charter rights in favor of the noble cause of convicting and incarcerating drug offenders.
Defending a drug case requires a Calgary drug lawyer who understands the complex machinations of our legal system.
I am an experienced drug lawyer who is cognizant of the many subtle nuances of our criminal law. I understand the interrelationship between the Controlled Drugs and Substances Act, the Criminal Code of Canada, the Canadian Charter of Rights and Freedoms and the common law. I have the experience and imagination to visualize the investigation, to see its weaknesses and the courage to exploit flaws in the Crown’s case.
I have successfully defended the entire spectrum of drug offences, including multi-kilo trafficking, importation, production, possession for the purpose of trafficking and drug prosecutions comingling other allegations such as firearms offences and crimes of violence.
Recent Case Results
(Calgary, Q.B.) Charges against the accused for possession for the purpose of trafficking approximately 10 pounds of cannabis were stayed by the Crown. The prosecution was troubled on a number of fronts, including witness issues and Constitutional issues revolving around arbitrary detention and reasonable grounds.
(Calgary, Q.B.) The client was prosecuted for two counts of trafficking cocaine to an undercover police officer. At trial, the accused raised a number of defences that left the judge with a reasonable doubt and resulted in acquittal. The defences included identification and the use to be made of surveillance video.
(Calgary, P.C.J.) The client was charged with possession for the purpose of trafficking cocaine and possession of a weapon dangerous to the public. At trial, the accused alleged breaches of Charter protected interests due a breach of section 8 right to be free from unreasonable search and seizure, section 7 (right to life, liberty and the security of person) due to late disclosure and section 11(b) due to unreasonable delay in his trial. The trial judge held that there systemic disclosure problems that caused delay and directed a judicial stay of proceedings.