Let an experienced defence counsel safeguard your freedom
If you are arrested for drug possession in Calgary, you need professional legal help. Depending on the circumstances of your case, you could face costly fines and even jail time. Further, a drug possession arrest for cocaine, methamphetamine, or another illegal substance, can have dire consequences on your personal and professional life.
I am Yoav Niv — an experienced criminal defence lawyer who fights aggressively for clients throughout Calgary and Alberta. No matter if police arrest you for possession of a small amount of cocaine for personal use, or a large amount for distribution or trafficking, your future and freedom are on the line.
How is drug possession defined?
In Canada, it is illegal for you to carry or possess any controlled substance that falls under Schedule I, II, or III of the Controlled Drugs and Substances Act (CDSA). Some of the most common drugs listed in the CDSA schedules are heroin, , cocaine, fentanyl, opium, morphine, oxycodone, methamphetamine, LSD, Psilocybin (or “magic mushrooms”), GHB, and PCP (or “angel dust”).
Canadian law defines possession as follows:
- a person has anything in possession when he has it in his personal possession or knowingly
- has it in the actual possession or custody of another person, or
- has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and
- where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them.
If law enforcement arrests you for possession, remain calm and remain silent. Next, immediately request that you speak with a criminal defence lawyer. With a skilled defence counsel by your side, you may be able to have the charges reduced or altogether dismissed.
Penalties for drug possession charges in Calgary
When it comes to drug crimes in Canada, the justice system seeks to deter other would-be offenders by imposing strict penalties. In many cases, the nature of the drug and the quantity in question determine the penalty.
Below are some examples of drug possession penalties you may face in Calgary:
- Should the Crown prosecute your case by summary conviction, the punishment for possession of a Schedule I, II, or III substance, for a first offence ranges from $1,000 or less in fines, 6 months imprisonment, or both.
- Subsequent offences are punishable by fines of $2,000 or less, 1-year imprisonment, or both.
- Should the Crown prosecute the charges against you by indictment, the punishment for possession of Schedule I, II, III, or IV substances could result in imprisonment up to a maximum of 7 years, 5 years, 3 years, or 1.5 years months.
- For trafficking Schedule I, II, III, or IV drugs, you face a maximum sentence of one year in prison if the Crown chooses to prosecute the charges by summary conviction or a maximum of 10 years in prison if the Crown chooses to prosecute the charges by indictment.
- Life imprisonment is the maximum sentence you face for trafficking Schedule I or II drugs.
The police see illicit drugs as a danger to public health. The moment police arrest you for any type of drug crime in Calgary, seek help from an experienced criminal defence lawyer.
When to contact a lawyer when faced with drug possession charges?
Do not wait to contact a lawyer if you are arrested for drugs. Your case is not going away. Things will not get better if you wait.
Here are some situations when you need to contact a drug defence lawyer in Calgary:
- Police traffic stop — If police stop you for a traffic citation, remain calm. However, if they try to search your vehicle for drugs, you have the right to say no. Police need a warrant, your permission, or reasonable grounds that there are drugs to search your vehicle. Make sure you request a lawyer as soon as possible.
- Stop and frisk — Imagine you’re walking down the street when a law enforcement officer approaches you and asks you to empty your pockets. It is technically illegal for police in Canada to search any citizen without grounds.
Simple drug possession can cost you your freedom and reputation. The right defence lawyer can help you fight back.
Contact an experienced drug possession defence lawyer in Calgary
In the blink of an eye, your personal and professional life can change forever. I am Yoav Niv, an experienced criminal defence lawyer in Calgary, Alberta. Every day I fight passionately to defend Albertans facing drug possession charges. Whether you are arrested for cocaine, meth, or heroin, I can help you build a strong defence that protects your reputation, freedom, and future. For more information about my practice or to schedule a free consultation to discuss your case with me, call HYPERLINK “mailto:firstname.lastname@example.org”587-968-6721 or HYPERLINK “https://www.yoavniv.ca/contact”contact me online. Office located in Calgary for your convenience.