Each year, thousands of people are arrested on drug possession charges, and the majority of them end up getting sentenced jail time, probation periods, drugs screens and so forth. Many of these charges link to very small amounts of controlled substances in a person’s car or on their person. These cases are an immense percentage of the criminal court dockets of every state, leading to almost routine operation of drug possession defendants and sentencing. However, it is possible to fight these types of charges and obtain a more favorable outcome with the help of criminal lawyers at https://www.mitchengellaw.ca/.
As it relates to a drug possession charge, it helps to discern what the prosecution is expected for a guilty verdict to be determined or for you to be convicted. There are three details to the crime that the prosecution must attest to as it correlates to the potential charge and accusations.
Genuine control of the substance by you:
There should be hard evidence that you have a direct engagement in the location of the substance and its distribution. If the prosecution cannot establish proof that you had control over the substance; the case will be thrown out. Many cases also sustain weaknesses in creating “constructive possession”, when something is considered to be in your possession because of the events, even though it may not be yours. This creates a cloud on proof of ownership beyond a reasonable doubt that a savvy criminal lawyer can exploit to their advantage.
Awareness that the substance is or was a drug:
Knowledge of the substance and its potential to be illegal has to be placed. The prosecutor must establish proof that the accused either had enough information to know or knew. After all, if you have a bottle of spices for your culinary class, and not a controlled substance, this is a pretty significant error. For that reason, it is imperative to challenge any lab reports confirming the evidence is a controlled substance. Dissenting to the identification of the substance will not only leave that matter at issue for trial expecting the prosecutor to prove it beyond a reasonable doubt, but it also will create extra time and expense.
Illegal nature of the substance:
It has to be proven that the substance you are accused of having is, in fact, illegal as it concerns to the laws in your state. This is the simplest to prove and influence the charge, to begin with.
If either you or someone you know has been accused of drug possession, take the charges gravely. While many weigh this a “minor crime,” it can have very major outcomes, which can include jail time, fines, drug screens, lengthy probationary periods, administrative costs, to name a few. You should immediately reach out to a criminal defense attorney for assistance with these types of cases, even if the charges seem trivial. Failing to do so could have dire consequences that a skilled attorney at a criminal law firm may be able to help you easily avoid. If you’re looking for a criminal law firm in Brampton, you can use the help of Google Maps, Yellow Pages, and Find-Open to find one.