Possession with Intent to Distribute

Being charged with possession with the intent to distribute drug charges in Edmonton can significantly impact your life. You need to understand your rights and options immediately when facing such serious allegations.

Geoff Green, a highly-rated criminal defence lawyer in Edmonton, Alberta, has over 25 years of experience in criminal law. He provides strategic legal representation to individuals facing drug trafficking charges, ensuring their rights are protected throughout the legal process.

If you are charged with drug possession or trafficking, you need skilled legal counsel to navigate the complexities of the law. Contact Geoff today at (780) 914-1836 for a free initial consultation to discuss your case and the potential strategies for your defence.

Understanding Possession with Intent to Distribute Charges

Possession with intent to distribute is a serious drug offence that carries severe penalties.

Under the Controlled Drugs and Substances Act (CDSA), the prosecution must prove that you had a controlled substance and intended to distribute it to others.

Possession can be defined as having control over a controlled substance, whether it’s physically in your possession or within your immediate reach. The intent to distribute can be inferred from various factors, including the quantity of the substance, the presence of packaging materials, and other circumstantial evidence.

Key Elements of Possession with Intent to Distribute

1. Possession: You must have had control over the drug, which may include physical possession or constructive possession.
2. Intent to Distribute: The prosecution must demonstrate that you intended to sell or distribute the substance rather than simply possessing it for personal use.

To establish intent to distribute, various factors can be considered, such as the quantity of the substance in your possession, the presence of packaging materials, scales, or other paraphernalia typically associated with drug trafficking. Additionally, evidence of communication or transactions with potential buyers can further support the claim of intent to distribute. The context in which the substance was found—such as in a location associated with drug sales or in large amounts that exceed typical personal use—can also play a crucial role in the prosecution’s case.

Ultimately, combining these elements is critical in determining whether the possession was merely for personal use or indicative of a larger intent to engage in distribution activities.

Types of Controlled Substances and Illegal Drugs

The type of drug involved can significantly influence the charges and penalties. Here are common controlled substances that can lead to possession with intent to distribute charges:

Type of Drug	Description
Cocaine	A powerful stimulant known for its addictive qualities.
Heroin	An opioid that is highly addictive and often leads to severe health consequences.
Fentanyl	A synthetic opioid that is significantly more potent than morphine.
Methamphetamine	A powerful and highly addictive stimulant affecting the central nervous system.
Cannabis	Although legal for recreational use in Canada, possession with intent to sell can still lead to charges if not regulated.
Prescription Drugs	Often abused, it can lead to serious legal consequences if possessed unlawfully.

Potential Penalties for Drug Trafficking in Edmonton

The penalties for drug trafficking offences can be severe, impacting your future.

Convictions can result in significant prison time, hefty fines, and a permanent criminal record, which can affect your employment and personal life.

Typical penalties for drug trafficking under the Controlled Drugs and Substances Act (CDSA) include:

Offence Type	Maximum Penalty
Trafficking in Schedule I Drugs	Life imprisonment
Trafficking in Schedule II Drugs	Life imprisonment
Trafficking in Schedule III Drugs	Up to 10 years imprisonment
Simple possession	Jail depends on the Schedule

How Geoff Green Approaches Drug Trafficking Cases

Geoff Green employs a meticulous approach to defending clients charged with drug trafficking.

Each case is unique, and he focuses on building a comprehensive defence strategy tailored to your situation. Key aspects of Geoff’s defence strategy include:

• Thorough Evidence Review: Geoff meticulously examines all evidence, such as search warrants, police reports, and witness statements, to identify weaknesses in the prosecution’s case.
• Challenging Intent: Since intent is a critical element of the charge, Geoff works to challenge any evidence suggesting you intended to distribute the drug.
• Identification, date, time, and place: all of these elements must be proven by the Crown beyond a reasonable doubt.
• Continuity: the Crown must prove that the drugs in Court are the same drugs seized by the police from the accused person. Chronology proven by documentation is essential and should include the conditions under which the evidence is gathered, the identity of all evidence handlers, duration of evidence custody, security conditions while handling or storing the evidence, and the manner in which evidence is transferred to subsequent custodians each time a transfer occurs (along with the signatures of persons involved at each step). Any missing elements my lead to a doubt about the authenticity of the drugs in question.
• Negotiation with Prosecutors: negotiating a plea deal may be a viable option. Geoff is skilled in negotiating terms that can reduce charges or penalties.

Importance of Legal Representation in Drug Cases

Legal representation is vital when facing drug charges. The complexities of drug laws can be overwhelming, and having a knowledgeable lawyer like Geoff Green by your side can make a significant difference in your case’s outcome.

Here are some reasons why legal representation is essential:

• Understanding Legal Proceedings: A criminal defence lawyer can help you understand the legal process and what to expect at each stage.
• Protecting Your Rights: An experienced lawyer will ensure your rights are upheld, particularly concerning search and seizure laws.
• Building a Strong Defence: A skilled lawyer will work to build a comprehensive defence strategy tailored to your specific circumstances.

Frequently Asked Questions about Drug Possession and Trafficking Charges in Alberta

What is the difference between possession and possession for the purpose of trafficking in Alberta?

Possession of a controlled substance means having illegal drugs for personal use, while possession for the purpose of trafficking implies intent to distribute. Evidence such as large quantities, packaging materials, or cash may lead to trafficking charges. A criminal lawyer in Edmonton can challenge the evidence or intent to distribute.

Can being found guilty of drug possession lead to mandatory treatment in Alberta?

Alberta courts may impose drug treatment as part of sentencing, particularly for first-time offenders or those struggling with addiction. Programs like the Drug Treatment Court aim to rehabilitate individuals and reduce recidivism. A criminal lawyer can argue for alternatives to incarceration when facing possession charges.

How severe are drug trafficking charges in Alberta compared to possession?

Drug trafficking charges in Alberta carry significantly harsher penalties than possession. Depending on the substance and quantity, trafficking can result in years of imprisonment. Hiring an experienced criminal defence lawyer is crucial when facing trafficking charges, as the Crown will pursue aggressive prosecution.

Can possession of a controlled substance lead to a criminal record in Alberta?

Yes, being convicted of possession of a controlled substance can result in a criminal record, which can impact employment, travel, and housing opportunities. Speaking with a lawyer in Edmonton may help negotiate alternative resolutions, such as conditional discharges, to avoid a permanent record.

Are there specific defences for possession and trafficking charges in Alberta?

Defences can include proving unlawful search and seizure, lack of knowledge about the substance, or disputing intent to traffic. A criminal lawyer will examine procedural errors, violations of rights, or weak evidence to challenge charges effectively. Early legal advice is essential when facing serious drug offences.

Get a Free Initial Consultation to Discuss Your Case

If you are facing possession with intent to distribute drug charges in Edmonton, don’t wait to seek legal assistance. With over 25 years of experience in criminal law, Geoff Green is prepared to fight for your rights and work toward a favourable outcome.

Contact Geoff today for a free initial consultation at (780) 914-1836. Discuss your case, understand your options, and take the first step toward your defence. Remember, your future is at stake, and having the right legal representation can be effective.