Charged with a Drug Offence? Here’s what to do next

Charged with a Drug Offence? Here’s what to do next

Although some narcotics have been legalized in Canada within recent years, being charged with a drug offence is still not a charge to take lightly. If convicted, drug offences can come with harsh punishments such as jail time, travel restrictions, and other indirect consequences.

It’s important that you take these charges seriously and understand all your rights and options. If you are charged with a drug offence, there steps you can and should take, immediately. 

Remain Silent And Hire A Criminal Defence Lawyer 

Your first step to achieving success against drug offence charges is utilizing the right to remain silent. If police find an illegal drug in your possession, it’s your right to remain silent and ask for your lawyer as anything you say or do could be used against you later. At this point, It is essential that you hire an expert criminal lawyer and this is where Martin G. Schulz and Associates come in.  Armed with the advice of our experienced criminal defence team, you now have the tools to effectively navigate your drug offence. In addition to remaining silent until you have secured the services of a criminal defence lawyer, it is also important to never plead guilty without speaking with a criminal defence lawyer first.

Secure your Release from Police Custody

The next step you will want to follow is getting released from police custody after your arrest. This is one of the reasons why it is important that you contact an experienced criminal lawyer at this point. If you are released from the custody of the police, you will be given notice as to when you will appear in court. 

Unlike some criminal charges, many drug offences do not have a guarantee you will be released before your trial. In particular, trafficking, production, and importing/exporting drugs require you to show cause for release. In order to show cause, you will need to create a release plan. A release plan provides assurances that you will attend all court dates and not commit any other criminal offences during your release. A large part of creating your release plan will be assigning a surety. A surety, usually a family member or friend, ensures you follow the release plan, appear at your court dates, and refrain from committing further crimes before trial. In some cases, you may be required to live with your surety until the trial. Furthermore, to keep the surety responsible they are held responsible financially and may be required to pay if you do not adhere to your release plan.

Build a Defence with your Criminal Lawyer

With the services of Martin G. Schulz and Associates, as well as your release secured, next, it is time to build your defence. This will require providing your criminal defence lawyer with as much information as possible about the events leading up to your arrest. This information is essential for your criminal lawyer to determine if your rights, under the Canadian Charter of Rights and Freedoms, have been violated. In the scenario that your rights have been violated, the evidence acquired from the criminal offence may be inadmissible in court.

A breach of your rights may be enough to get your case thrown out. An example of such a breach may occur if the stops and searches the police performed were not administered correctly. Regardless of what they might say, police do not have the right to random searches and cannot search your cars or home without the proper warrants. In fact, even if the police had a warrant when they arrested you, the basis for receiving said warrant can be challenged in court.  An experienced criminal defence lawyer will utilize all their strategies and experience to build a defence catered to your situation.  

Litigation and Trial

After consulting with you and building a defence plan, your criminal defence lawyer will proceed to represent you in trial and/or litigation on the pre-decided court date. It is essential that you have been upfront and honest with your defence lawyer up to this point, as this will ensure they have all the information needed to accurately represent you. An experienced criminal defence lawyer from Martin G. Schulz and Associated is focused on protecting your interests and is familiar with all aspects of drug offence procedures. 

Additionally, after your trial or litigation, your defence lawyer can help you receive your confiscated possessions. If they are no longer required as evidence almost all items can be returned to you. The procedure for receiving your seized property at the end of a trial can be complex but your criminal defence lawyer from Martin G. Schulz and Associated will have the experience and knowledge to take the necessary steps to return what is legally yours.