Have you been recently charged with a drug offence? Are you looking for assistance, guidance, and proper representation? Traversing through the tumultuous landscape of complex drug laws is confusing and difficult.
For this reason – in addition to many others – it’s important to get help. At Batting, Wyman Barristers, our seasoned criminal defence lawyers in Calgary can assist you with your drug offences.
If you’re interested in learning more, then keep reading.
A Drug Offence: What is it?
Simply put: a drug offence is a crime that is charged under the standard set by the Controlled Drug and Substances Act. This includes but is not limited to transgressions like:
- Trafficking a controlled substance
- Possession for the purpose of trafficking
- Simple possession
Additionally, there are set Schedules that determine the class of the drug in question, which in turn, will ultimately result in the severity of punishment. Some of these Schedules are as follows:
Schedule I Substances Include:
Schedule II Substances Include:
Schedule III Substances Include:
Schedule IV Substances Include:
Drug possession is a very straightforward term. It can be described as having a narcotic on your personal possession, there is not a lot of leeway or room for confusion with this concept.
With drug trafficking, the description can be recounted as selling, managing, offering, or moving illegal drugs or controlled substances.
If I’m Charged With a Drug Offence, What Happens Next?
Typically, when somebody is arrested and charged with a drug offence, police will release them or they’ll simply be incarcerated for a court case. Moreover, they might be released under certain conditions, like not having or holding any substances or prescriptions.
In such cases, it is highly advised that you reach out to a drug offence lawyer in Calgary.
Fighting Drug Offence Charges in Alberta
A common route to take when fighting a drug possession or trafficking charge is to assert vehemently that the fashion in which the officer acquired the proof against you didn’t follow the Canadian Charter of Rights and Freedoms.
If – at any moment – officers have infringed upon your rights under segments 8, 9, or 10 within the Charter, the opposing proof might be exempt.
The Punishment for Drug Offences in Alberta
Drug offence penalties in Alberta can vary from probation and small fines right up to lengthy imprisonments. Additionally, these charges can also bring mandatory minimum sentences, other punishments may include:
- Fines of $1000 in addition to 6 months behind bars
- $2000 or 1 year of jail time – or both
- 18 months to as long as 7 years in prison depending on the severity of the infraction
- Maximum of 10 years for trafficking the Schedule lll, lV, or V substance classes
All of these, of course, will be predicated on the details of the case. The quantity of the narcotic in question, past criminal history, the type of substance, etc.
There are many ways to fight against mounting evidence. However, the best form of defence is to get someone on your side who can do the fighting for you. At Batting, Wyman Barristers, we fight on your behalf.
Blog posts from Batting, Wyman Barristers are for general information only. The content should not be considered legal advice. If you are in need of professional legal advice, please Book a free 30-minute consultation.