There are many factors that influence the penalty for drug possession in Canada. Here, below, we are going to discuss some of the most common factors.
Drug
What type of drug is it? Is it a “soft” drug or a “hard” drug. These terms are subjective, but typically marijuana and hashish would be considered soft while drugs like cocaine or heroin are considered hard.
Amount of Drug
Did you have a little bit in your pocket suggesting personal use? Or did you have a suitcase full in the trunk of your car? How much of the drug is in question will play a role.
Age and Circumstance of Person Charged
All things being equal, younger defendants with little or no criminal history will be treated more gently than older, hardened defendants with a long criminal history.
Circumstances of the Arrest
If, when you are found in possession of drugs, you are also found with all the equipment or materials that suggest you are in the business of selling drugs, this will affect your penalty and not in a good way.
Remorse
Does the defendant show any remorse? Right or wrong, the defendant’s attitude can play a role. A rude and defiant defendant often gets a harsher penalty.
Criminal Defence Lawyer
Right or wrong, the quality and experience of your criminal defence lawyer will play a role in your penalty. Hire an experience lawyer specializing in criminal law as soon as possible and don’t make any statements to the police without first consulting your lawyer.
Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.
If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.
