Facing drug charges in Canada can be a lot stressful. Whether you possess drugs or traffic them, you can face jail time, which can be really painful and detrimental to your life. Although drugs like marijuana are no longer illegal to possess, there is still a certain limit to the amount you can have with you, as per the federal Cannabis Act.
However, with the help of a drug lawyer Surrey, you will be able to fight such charges and enter a suitable plea deal.
In this article, you will see how these lawyers will tackle the sentencing and plea deals related to your drug charges. It will shed light on various aspects related to sentencing and help you understand these concepts to help you deal with the offences charged against you.
Drug Charge Sentencing and Plea Deals: What You Need to Know
Drug charges in the city are comprehensively categorized into two offences: Drug possession and trafficking. Each offence has a different level of penalties.
Drug Possession
As per the Controlled Drugs and Substances Act, having illegal drugs anytime in your possession is illegal if they don’t belong to you. To convict the accused of drug possession, the prosecution needs to prove that you had the information and control. This means it was with you or was in a position of your control, such as your residence or vehicle.
Drug Trafficking
Drug trafficking is not just about selling it. It could also be simply holding them for someone and giving them back to the owner.
In fact, if you are offering to sell an illegal drug, this offer is enough to get you convicted under the charges of drug trafficking. It is also not necessary for the prosecution to prove whether you had drugs with you or not at the time of the offer.
Aspects That Determine the Seriousness of Drug Charges
Drug possession is a kind of offence that can be either tried in a summary or on indictment. The degree of the offence also influences the way it needs to be tried.
Given below are some factors that help you analyze the severity of the charge:
- If the person possessing the substance has been charged for the first time or multiple times.
- The amount of drugs with them.
- The kind of drugs(hard or soft)
If the person possessing drugs has been charged for the same for the first time and had only a small amount of the substance, the case will be potentially treated as a summary conviction.
If the accused has been charged with drug possession multiple times and has been found possessing a hard drug, the case will be taken up by the court as an indictable offence.
How Lawyers Deal With Drug Charge Sentencing and Plea Deals
A lawyer who has fought for cases involving drug charges and offences can help you in various ways:
- Building a Strong Defence:
Firstly, the lawyer will thoroughly review every evidence, police report, and witness statement to recognize potential flaws in the case of the prosecution. They will also argue for its exclusion if the evidence is obtained in an illegal manner.
Then, the lawyer will develop a tailor-made defence strategy as per the specific circumstances of the case, which may involve the following things:
- Challenging the Identification of the defendant.
- Arguing for a lower charge,
- Presenting evidence to mitigate the charges, such as addiction or mental health issues.
- Protecting Your Rights As a Defendant:
A lawyer will also make sure that the plea deal is fair and in the best interests of the defendant. They will also protect the rights of the defendant while doing so. The right of a defendant to a fair trial is always the most important aspect for any negotiation.
- Representing the Defendant on a Trial:
In case the case goes to trial, the lawyer will represent the defendant’s defence. They will cross-examine the prosecution’s witness and challenge the legitimacy of the case.
- Plea Deal Negotiation:
A lawyer can conduct negotiation with the prosecution to secure a suitable arrangement for the defendant, like lowered charges, withdrawal of charges or a promise not to continue with further charges. The lawyer will explain the terms in the plea agreement, such as potential implications and the impact on the track record of the defendant.
- Advising on Sentencing:
Lawyers are familiar with relevant sentencing guidelines and case law to determine possible penalties. They can identify and highlight potential factors that can lower the severity of the charges, such as:
- First-Time Offender Status
- Cooperation With Authorities
- Efforts taken for rehabilitation
- Personal responsibilities, such as family responsibilities, mental health struggles, and various other things.
By highlighting these factors, the lawyer will attempt to negotiate a more lenient sentence or alternative options for sentencing, such as probation and community service.
- Support After Sentencing:
If deemed necessary, the lawyer will file an appeal to challenge the sentence and seek a reduction. They will also provide assistance and support to the defendant while filing for parole and help them get their societal life back.
Does Accepting a Plea Deal Cause an Impact on the Sentence?
A plea deal can have an influence on sentencing in different ways:
- The prosecutor will recommend a lowered sentence as a part of the plea deal.
- A first-time offender can avoid jail time by signing a guilty plea deal.
- If the defendant signs the plea deal, a judge may sentence them without conducting a trial.
- After signing the plea, the defendant won’t be able to fight the charges pressed against them.
- Depending on the offence, there could be minimum mandatory sentences that a lawyer won’t be able to reduce.
To Summarize
Once you are charged with a drug offence, it can hamper your overall social record in the worst possible way. However, you can ensure proper justice for yourself by hiring a lawyer specializing in the Controlled Drug and Substance Act of Canada. They will help you with the sentencing and plea deals, allowing you to lower your sentence or avoid jail time with minimal charges.
