Drug offences are serious and can carry harsh penalties. But if you’re facing drug charges, you have legal options for your defence. A qualified lawyer can raise around ten defence strategies to support your side of the story. Let’s focus on the eligibility of defence cases and the best 7 defences available in this blog.
Can You Make a Legal Defence in a Drug Offence Case?
Yes, you can make a legal defence in a drug offence case. A skilled defence lawyer will look for ways to challenge the prosecution’s case and raise doubt about your guilt. The defence lawyer calculates the types of the drug, the amount, and other surrounding factors to find the loophole in the case.
The 7 Best Legal Defences for Drug Offence Cases
Several strong legal defences can be used in drug offence cases. But experienced drug offence lawyer prefer the following seven options:
- Legal Prescription
- Illegal Search and Seizure
- Insufficient Quantity
- Lack of Dominion or Control
- Emergency Treatment
- Entrapment
- Chain of Custody Issues
- Legal Prescription
Drug charges vanish if you have a doctor’s prescription. Medications like OxyContin become legal with a script, making it a strong defence. Other drugs can be used as medicine, too. So, if you can present a prescription from an authorized person, you can win over the case.
- Illegal Search and Seizure
4th Amendment protects from illegal searches. Sometimes, law enforcement officers search for drugs without any warrant and arrest people. Drugs found during illegal search can’t be used in court (unless in plain sight). This defence weakens prosecution and might get your case dropped.
- Insufficient Quantity
Canada’s drug laws don’t require a specific amount for possession. But a tiny amount could raise doubt about intent to sell or distribute. It potentially reduces charges or leads to dismissal. You have to study the drug possession details or consult a lawyer for a better understanding.
- Lack of Dominion or Control
Conviction hinges on you having the drugs as holding them or controlling them. If there is no definitive control, there will be no case! This defence challenges the prosecution’s proof. If they can prove you have no idea of the location and people, they could not make allegations against you.
- Emergency Treatment
Like many top-class countries, Canada protects those seeking overdose help. You can’t be charged for small amounts of drugs if calling for medical aid for yourself or others. This defence has limits for larger quantities.
- Entrapment
If cops or others pressured you into a crime, your charges might disappear. You must show this, but the burden to disprove it falls on them (higher standard). So do not just accuse someone else blindly.
- Chain of Custody Issues
Weak evidence can get your case totally off! If the police messed up handling the drugs in their chain of custody, your lawyer can argue they are unreliable and get the case dismissed.
What Factors Play Important Roles in Defence Strategies?
Alibi and characters are two great features to use in your defence. If your lawyer can prove you have a good character with no previous history with drugs, the judge will give you some advantage. Also, if you can prove that you were not at the scene during the drug search, you can make yourself safe. Your alibi is stronger than the prosecution’s witness.
Different Types of Drug Offence Charge
Multiple types of drug offences make a case more or less critical. The severity of the case depends on the possession, distribution, manufacturing, or tools used for drugs.
- Possession: This is the most common charge. It simply means having illegal drugs on you, in your car, at home, or anywhere in your control. Penalties depend heavily on the quantity and the specific drug.
- Distribution/Trafficking: These charges go beyond possession. They suggest you are actively involved in selling drugs. This could be based on the amount of drugs found.
- Manufacturing/Growing: This applies if you are involved in creating illegal drugs. It could involve making methamphetamine in a lab or growing marijuana plants.
- Paraphernalia: This charge focuses on the tools used for drugs, not the drugs themselves. Owning items like bongs, scales, or pipes used for consuming or preparing drugs can result in additional charges.
How to Get Defence Lawyers for Drug Offence Cases in North Battleford?
If you are facing drug charges in North Battleford, Saskatchewan, finding a qualified defence lawyer is mandatory for you. Therefore, look for lawyers specializing in criminal defence with a proven track record of success in drug offences.
Final Words
Being charged with a drug offence can be stressful and frightening. It also makes a bad image of you in front of your community. But remember that you have legal rights. A qualified legal representation can increase your chances of a successful outcome in your case.