Drug Charges: Keeping Up With Rapidly Evolving Law
Drug law is a rapidly changing area of criminal law. There are new developments all the time, in the laws themselves, in the approach taken by law enforcement, and in the attitude of the courts. Knowing what to do for clients who are charged with drug offences, from possession to trafficking and cultivation, means keeping up with these developments.
At Darwin R. Witmer Criminal Law, I know you may be facing a frightening future if the charges against you are proven. However, before giving you any advice as to what you should do, I will examine the evidence against you, and how it can be used.
Evidence Isn’t Always What It Seems
Often these cases involve complicated disputes about the evidence and your Charter rights. For example:
- Eyewitnesses: Sometimes the witness testimony is that of unsavory people. This evidence isn’t always reliable or trustworthy. A well planned cross-examination can often effectively challenge such evidence.
- Drugs or drug paraphernalia: Whether this evidence can be used against you may depend on how it was seized from you. If you were not told your rights, if the police did not have a good reason to stop or search you, if there were mistakes made with the warrant, or if the drugs cannot be proven to be yours, I will work to get them dismissed.
- Statements: Even if you have made statements to the police, we will examine them and see what you said, when you said it, and whether the police had the right to question you at the time.
Before You Plead
Before you plead guilty, you should know what the consequences may be. They may include a criminal record, incarceration, loss of your home or vehicle if they were involved in the crime, difficulty travelling (especially internationally) and difficulty getting a job.
You should also know about my track record as a drug defence lawyer. I have successfully represented clients in numerous complex, challenging drug cases.
We will also discuss alternatives to trial, if you choose to plead. Especially if your crime involves possession, low amounts of drugs, no violence or weapons, you may be able to avoid incarceration and some of the negative consequences. As our society moves toward more treatment-based approaches, you should know what is available to you.