Defending people charged with drug offences often involves complex legal arguments, requiring the skills of a criminal defence lawyers experienced in this area. The Canadian Charter of Rights and Freedoms protects everyone from arbitrary detention and unreasonable search and seizure by the police. Many drugs trials are won and lost over issues of whether the police respected the accused person’s rights.
Illegal drugs in Canada include cocaine, ‘crack’, ‘meth’, ecstasy, marihuana, ‘hash’, ‘magic mushrooms’, and many others. It is an offence to possess these drugs; it is also an offence to traffic in these drugs, or to possess them for the purpose of trafficking; to produce / cultivate these drugs; and to import them into or export them out of Canada.
Recent changes to the Criminal Code and Controlled Drugs and Substances Act now increase the chances of going to jail for those convicted of a number of drug offences and eliminate certain drug offences from being eligible for Conditional Sentences (‘house arrest’). Being convicted of a drug offence will almost certainly result in being barred from entering or traveling through the US.
In short, if you are charged with a drug offence, the stakes are high and you need an experienced drug lawyer in your corner.
Proceeds of Crime
If the police find money and drugs together, or if the police simply find large sums of unexplained cash, they can seize the money and charge the person with the offence of ‘possessing proceeds of crime’. If convicted, the money will most likely be forfeited to the Government, in addition to any other criminal penalty imposed by the courts (i.e. jail, ‘house arrest’ or probation).
The police can also seized cell phones, cars and houses if they believe these items were either purchased with drug money or were used in commission of drug offences (e.g. cells phones and cars used in ‘dial a dope’ operations; houses used in marihuana grow operations). If convicted, these items could all be forfeited to the Government.
If you’ve been charged with a drug offence or a ‘proceeds of crime’ offence, it’s not just your freedom on the line; you could also lose your car, your money, or your home. Choosing the right drug lawyer is one of the most important decisions you will make.
As a former prosecutor, with over 12 years of experience, and a solid track record of success you can trust Ms. Funk to use her experience and skill to mount a powerful defence on your behalf.
Serving Clients in Alberta, Saskatchewan, Manitoba & British Columbia
Ms. Funk practices in Calgary, but also represents clients throughout Alberta, such as Canmore, Banff, Brooks, Medicine Hat and Fort McMurray, as well as in Saskatchewan, Manitoba and British Columbia.