Drug Offences
“It is not unusual for a drug seizure to be made in violation of the client's Charter rights.”
Section 8 of Canada's Charter of Rights and Freedoms guarantees your right to be free from unreasonable search. Engel and Lewandowski's detailed knowledge of the application of Charter rights to drug charges has led to many successful outcomes.
An arrest may have begun with an illegal detention, resulted in an illegal search, during which the client was denied his right to consult with counsel. Many accused are never even informed of the reasons for their detention until hours later. In all such cases, a Charter motion needs to be mounted, holding the police accountable for their breach of an individual's rights.
In cases where possession of drugs can be established and there have been no Charter violations, Engel and Lewandowski are equally skilled at plea bargaining. In some cases, we have been able to have trafficking charges reduced to simple possession.
There is now a dedicated Drug Court that gives someone who has not committed a violent offence an opportunity to change their record. Drug Courts essentially monitor the individual and determine whether or not they have been successful in staying away from drugs. The court covers all kinds of non-violent charges where drugs are involved, including when an addiction or involvement in drugs leads to criminal behavior, such as a break an enter to get money to feed a drug habit.
Engel and Lewandowski have the experience to guide you through the best defense possible for your charge. Because of their years of successful court appearances, they have the respect of the Crown and the judges and you can be assured that your case will be heard and your rights secured.