At Engel & Associates, our lawyers provide criminal defence for all types of drug possession charges in Ottawa, including those involving marijuana, cocaine, heroin, ecstasy and illegal prescription drugs like Percocet and OxyContin. For any type of drug charge, there are many questions that need to be asked about the arrest and how police gathered evidence and built a case against a suspect.
When police officers do not follow the law, arrests may involve the illegal detention of a suspect and the illegal search and seizure of evidence from a suspect’s vehicle or person. An officer may also deny a suspect the right to consult with counsel and may not inform the accused of the reasons for detention until hours later.
It is important to know that simply because your rights have been violated, it does not necessarily mean that the case will collapse. The law has changed and the Supreme Court has said that if the infringement of rights is unintentional, it is not as simple as saying that all evidence and the entire case is thrown out. While some examples of rights infringement can still result in a case being dismissed, courts are not as willing to dismiss cases as frequently as they did in the past.
Nevertheless, an experienced defence lawyer can still take actions to protect your rights and reduce or dismiss the penalties that you are facing.
There is also a dedicated drug court that allows a person who has never committed a violent offence an opportunity to change his or her record. Drug courts will monitor the individual and see whether that person has been successful in staying away from drugs. For people who have never been in trouble with the law before, this can be a positive outcome.