How Using Services of a Criminal Defence Lawyer
Can Prove to be Helpful in a Drugs Case?
Consequences are generally quite harsh in case someone is facing drug charges. Additionally, likelihood of severe punishment increases if intention to distribute or sell drugs gets proven. As such, it is necessary to appoint an experienced criminal defence lawyer while facing drug charges to have best chance of a favorable judgment. Our aim here will be to go through information on charges related to possession with intention to sell and what would be the likely punishment is guilty is proven and role of lawyer in defending your position.
Possession and Intention to Sell Drugs
Charges of drug possession refers to a situation where a person was in possession of certain type of drug. It is worth mentioning that it will be possible to prove possession even if a person does not have possession of said drugs. Such situation will arise when law enforcement personnel find drugs in accused person's property and the person:
- Has knowledge of presence of the drugs and
- Is able to control the drugs
It is also not necessary for public prosecutor to establish the fact that person knew about presence of drugs. It will be enough to prove that in given circumstances person would normally be aware of availability of drugs.
What is meant by intent to sell?
Public prosecutor will also make an attempt to highlight person's intentions to sell drugs. Circumstantial evidences are utilized by a public prosecutor for proving such intent. These evidences include:
- A person is in possession of large amount of drugs which is a lot more than what is normally required for personal use.
- Person is found to have a lot of cash.
- Person has equipment and things that are generally used for packaging or distribution of drugs (such as scales to be used for weighing drugs).
Moreover, just the intention or plans of selling drugs will be enough for framing the charges even if the person has not sold anything to anyone.
Legal Defenses Against Drug Charges
An experienced and competent criminal defence lawyer will be able to utilize several different defenses against drug charges a person is facing.
#1: Lack of Possession
Here it will be the responsibility of public prosecutor to highlight the fact that person had illegal possession of some type of drug. The aim here of your criminal defence lawyer will be to prove the fact that you did not possess those drugs.
#2: Lack of Knowledge About Drugs
A criminal defence lawyer will take up the responsibility of proving the fact that you were not aware of the drugs. A lawyer will try to create reasonable doubt regarding your knowledge about availability of drugs as well as about rational motive behind keeping the drugs in that location.
#3: Lack of Intent to Sell
Another challenge for criminal defence lawyer will be to establish the fact that you had the drugs just of personal use and had no intentions of selling them.
To summarize it can be said that role of a criminal defence lawyer is quite important in drug case and if you want proper representation in the case then it will necessary to hire an experienced lawyer.
Analysis of Important Details an Accused Must Understand
Related to Conviction and Sentencing in Domestic Assault Cases
If you are facing domestic assault charges then it will be necessary to appoint a competent domestic assault lawyer to ensure everything possible can be done to get a not guilty verdict. In this context we will look at some of the sentences which you will have to face in case of conviction. We will also look at indictment as well as summary conviction and understand differences between the two.
Conviction and Sentences
A domestic assault lawyer can help you understand the sentences you will have to face in case of conviction. These would include:
- A conditional or absolute discharge where you will not have any criminal record.
- Suspended sentence in which you will not have to serve the sentence since trial judge has suspended implementation of the same.
- A fine along with criminal record
- A prison term, fine as well as a probation term which you will have to serve after sentence is over.
- Prison with probation term but no fine
- Prison term along with a fine without the need to serve probation time.
- Intermittent sentence which you need to serve over weekends.
- Intermittent sentence along with probation term and fine.
- Payment of victim fine surcharge.
- House arrest which is referred to as conditional sentence
Problems Accused Has to Face Due to Conviction
You will have to face several problems if convicted in a domestic assault case. Let us go through the details here.
- Court can impose bail conditions prior to resolution of the case as well as the probation conditions after you are found guilty. Such conditions can severely restrict you from having any type of contact with your kids and spouse for the time for which probation and sentence are in force.
- Imposition of restrictions by court can have devastating effect on your relationship as well as over your family.
- Even when you and your partner want to have contact with each other, the court can restrict such contact in case it is considered that there is risk of further domestic violence.
Indictment and Summary Conviction
By contacting an experienced domestic assault lawyer you will be able to understand that there is considerable difference between these two types of offenses. Let us analyze the details.
- Indictable offense is usually a lot more serious in comparison to summary conviction offense.
- If indictment is the process by which Crown proceeds then you may have to face a 5 year custodial sentence.
- There are greater number of penalties to face in case of an indictable offense.
Summary Conviction Offense
- If there is a minor offense then it is likely that Crown would proceed summarily.
- If not stated otherwise, in case of summary conviction there would be a maximum fine of $5,000 or 6 months of jail term or both penalties.
- There will be no fingerprinting if you are facing summary conviction.
As we can see there can be serious consequences of conviction in a domestic assault case and by using services of an experienced domestic assault lawyer you can improve your chances of getting a favorable verdict.