I want to know about drug possession case

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Latest post Fri, Jan 27 2017 9:53 AM by ca19lawyer2. 3 replies.
  • Thu, Jan 26 2017 8:23 PM

    • sean221
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    • Joined on Fri, Jan 27 2017
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    I want to know about drug possession case

    Hi, I am looking for some help. My friend has been charged for possession of drugs. He had gone for a party with some with friends in his car. His friends had left the drugs in his car when they left after the party. He was also drunk and unconscious. I am sure that he doesn't use them, but somehow since it was found in his car, he has been convicted. He was in an unconscious state when the cops caught him. I want to get bail for him. But, I really don’t know about the law system here in Canada, because I am new to the place.

     

     

    I asked my friends about what I could do, and they asked me to hire lawyers, and I have contacted a defense  lawyer in Toronto . Can someone tell me about the laws regarding the drug possession. Will he get bail? How can we prove his innocence?

  • Thu, Jan 26 2017 10:21 PM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
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    Re: I want to know about drug possession case

    he has been convicted. 

    This site deals with the laws of the US, but in this situation I believe they are the same. There is no bail if he has been convicted, unless he appeals and the court to which he appeals allows bail pending the appeal.

  • Fri, Jan 27 2017 9:28 AM In reply to

    • Ford
      Lawyer
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    • Joined on Thu, Mar 16 2000
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    Re: I want to know about drug possession case

    It would help a whole lot to know if he is just charged, or if he has been convicted.  If he has been convicted, it's rather late to be asking what the laws are.

    I'm in the US.  It wouldn't make sense for drug defendants to be able to just say "those aren't mine" and they get off.  In the US, and likely in Canada, there is something called "constructive possession," differing from actual possession.  If the cops find the MJ loaded in the pipe that is in your mouth, that is actual possession.  If the cops find the drugs under your seat in a car, that is constructive.  Basically, if they need additional evidence, like a confession, they are proving constructive possession.

    In reality, the distinction doesn't matter because the ultimate question is the same - do we have enough evidence to prove the drugs were in the possession of the defendant.

    In your friend's situation, unless someone is coming to court to admit the drugs are theirs, your friend would often take the hit on the charges.  A lot can depend on where the drugs are found, however.  If they are in the console on top of your friend's wallet, that's evidence they are his.  If they are in the back seat in a suitcase, in a bag with your friend's passenger's unopened mail, that's evidence they might not be his and might belong to the passenger.

    I cannot count how many times a client has said "Friends left those drugs in my car."  Those clients were usually not willing to go do a drug test to help me show they do not use drugs.

  • Fri, Jan 27 2017 9:53 AM In reply to

    Re: I want to know about drug possession case

    Based on the link in your post, I strongly suspect this post is spam.  Nevertheless...

     

    sean221:
    he has been convicted. . . .  I want to get bail for him.

    Bail allows a defendant who has been arrested to be released pending trial.  If your friend has already been convicted, there's no "bail" to be had.  Of course, I'm assuming things in Canada work roughly the same as in the U.S.

     

    sean221:
    Can someone tell me about the laws regarding the drug possession. Will he get bail? How can we prove his innocence?

    While you are certainly free to help your friend to find and pay for a defense attorney, your friend's case otherwise has nothing to do with you.  You are free, of course, to offer to pay a lawyer for an hour of his/her time to explain some basics to you.  Beyond that, coming on a message board and vaguely asking folks to "tell [you] about the laws regarding drug possession" in Canada (and, presumably, whatever province your friend was arrested in) is a bit absurd.  The better approach would be to provide facts about what he was caught in possession of and how much of it he had.

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