Drug offences are some of the most serious charges a person can face in Alberta courts. If convicted, courts are required to begin their analysis of an appropriate sentence at particular terms of incarceration (often referred to as the 'starting point sentence') and these starting points are often lengthy penitentiary terms for drug offences. Many drug offences to attract minimum jail sentences due to legislation. As well, many of these cases can only be defended through Charter of Rights and Freedoms applications to exclude evidence seized by the police.
At Sitar & Milczarek, we have a track record of arguing many successful Charter applications. This area of law is intricate and complicated, but our lawyers have been arguing these cases from the defence perspective for many years. Having always been on the side of the defence, we are experienced in protecting defendants' rights and we are often able to pick out errors committed by the police and prosecutors that other lawyers miss.
We take pride in being up-to-date on the latest developments in this area. We are always prepared to argue novel points of law to assist our clients to obtain exclusion of evidence and, ultimately, an acquittal. Charter rights are important to everyone as, when police breach the rights of one person, they may make a legal precedent that impacts all of society. You can trust our lawyers to be well-prepared to make these arguments on your behalf. Often, our well-drafted arguments result in the withdrawal of criminal charges by prosecutors.
Some examples of cases where our lawyers have successfully defended individuals charged with drug offences include:
- R. v. I.A. – achieved a stay of proceedings on the eve of a two week jury trial for Possession for the Purpose of Trafficking in Cocaine where the prosecutor made late disclosure.
- R. v. G.M. - successfully applied to have a warrant quashed leading to the exclusion of multiple ounces of cocaine, psilocybin, and cannabis found in a car and a residence and an acquittal for Possession for the Purpose of Trafficking.
- R. v. R.L. - obtained an acquittal from the charge of Possession for the Purpose of Trafficking in a case involving a collection of cocaine, ecstasy pills, and prescription narcotics where the accused was the lone occupant of a car in which they were found.
- R. v. T.N. - negotiated a resolution for Simple Possession of Cocaine and a sentence of involving no jail down from a Possession for the Purpose of Trafficking where the evidence involved undercover surveillance and a search warrant on a residence.