skip to Main Content

Why was I charged? The drugs were not even mine!

By Richard Aitken

Too often we see this sort of situation of where a client ends up being in the wrong place at the wrong time.

For instance if you happen to be at a party and it is raided for drugs and a lot of drugs are found, even if the drugs are not yours, even if you did not even know about them, it is highly likely that you will be charged.  The chances increase if you also happen to be the person owning the home or on the lease as it is assumed that you have control over the premises.

This is not just the police or the Crown Attorney being mean.  If not everyone is charged, an accused who is being charged may go to trial. If that person takes the protection of The Canada Evidence Act their testimony in court cannot be used later on against them.  The uncharged person may claim the drugs were in fact theirs and not the person charged.  The charged person would be acquitted.  The prosecutor then would have to decide how to best deal with the situation but it is likely they would get convictions against neither.

A strategy commonly used is that the innocent person’s case tags along with the real culprit’s.  If the culprit pleaded and is sentenced, the prosecutor will generally withdraw against a person who is just a ‘found in’.  Sometimes this happens early in a file and sometimes it is not sorted out until trial.

 

Share This Post

Request Free Consultation
Free Criminal Charges Book

Free Criminal Charges Book

Fight The Charges! A Guide to Common Criminal Charges.

Get the Free Book

Free DUI Book

Free DUI Book

17 Secrets to Helping You Survive Your DUI Charge.

Get the Free Book

Free Bail Book

Free Bail Book

A Guide to Bail: Because There is No Get Out of Jail Free Card

Get the Free Book

Google Rating
4.4
Back To Top