Drug charges often turn on how the evidence was found, who possessed it, and whether police acted lawfully.
The Circumstances of the Search Matter
Drug possession and trafficking charges can arise from vehicle stops, searches of homes, surveillance, police investigations, or situations involving several people. What matters is not only what was found, but also where it was found, who had access to it, and what the Crown says connects it to the accused. Possession for the purpose of trafficking is treated much more seriously than simple possession and can expose a person to significant penalties, including jail.
Before deciding how to respond to the charge, the defence needs to understand both the alleged conduct and the way the investigation was carried out. The circumstances surrounding the search, arrest and seizure of evidence can be just as important as the drugs themselves.
Police Powers Are Not Unlimited
Drug cases frequently involve search-and-seizure issues. Questions can arise about the initial detention, the grounds for arrest, the validity of a warrant, searches of vehicles or residences, and the seizure of phones, cash, drugs or other property.
Charter breaches can become central to the defence where police have exceeded their authority or obtained evidence unlawfully. If important evidence is excluded, the strength of the Crown’s case can change substantially.
We review the disclosure closely to determine whether the investigation was lawful and whether the evidence actually supports the allegation being made.
Possession, Knowledge and Intent Must Be Proven
Drug files can involve surveillance, warrants, confidential informants, expert evidence and complex questions about who actually possessed or controlled the drugs.
Jensen Law has defended clients in serious drug cases where charges were withdrawn or evidence was excluded because of problems with the investigation. In other matters, the evidence may be stronger and the focus may shift toward negotiation or sentencing.
The strategy should be based on a full review of the file. We look at possession, knowledge, intent, police conduct and the surrounding circumstances before deciding how the case should be approached.
