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I was arrested and charged with uttering a document and

Customer Question
I was arrested and...

I was arrested and charged with uttering a document and something about ids and than I was later charged for possession schedule 1 and 11 I have a cpl questions I was arrested outside and than the vehicle I was driving which is my boyfriend's had nothingvto do with anything and they took the keys and searched it and that's where they found the drugs and they destroyed a bunch of my stuff and kept things like a tablet a GPS a phone and secondly I had 4000$ on me and they are holding it from me and I really really need it I'm a single mother there's also no proof I even did anything wrong at all

Lawyer's Assistant: Do you have any upcoming court dates on the drug possession charges?

Umm it's Sept I believe

Lawyer's Assistant: In what province did the drug possession occur?

Bc But they weren't in my possession

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Umm I don't think so

Submitted: 2 months ago.Category: Canada Law
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Answered in 3 hours by:
5/30/2018
Lawyer: CaptanLaw, Lawyer replied 2 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 303
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal defence lawyer and can assist with your inquiry. Sorry to hear about the mess of a situation.

To start with the main question (the charges related to the drugs), drug possession under the Controlled Drugs and Substances Act is an offence that ultimately requires evidence that the accused had "knowledge and control" of the drugs in question. The word "possession" in the Controlled Drugs and Substances Act is broadly defined, and includes:

i) Actual possession (ie, where the drug is in someone's pocket)

ii) Joint possession (ie, where more than one person can be deemed to be in possession of the drugs)

iii) Constructive possession (ie, where drugs are found in an apartment that the accused lives in, and there is evidence that the accused has knowledge of the drugs being there and had some measure of control oer them)

In short, one can be found guilty of drug possession even if the drugs are not on them and in another place (such as an apartment, vehicle, etc). However, the key is that there has to be evidence of "knowledge" and some measure of "control" over the drugs; without such evidence, the Crown will not be able to prove the offences in court beyond a reasonable doubt.

At the charging stage, the standard of evidence required is a lot lower (it is reasonable and probable grounds). Because of this lower standard, it is my experience that hte police commonly charge ALL occupants in a vehicle in which drugs are found, and then let the Crown sort out in court who they have enough evidence to go after.

In terms of your second question (the money), the police are likely holding onto that as "evidence" at the moment, given that the case is on going. Large sums of cash could be circumstantial evidence that an individual is possessing drugs for the purpose of trafficking.

You can consult with a drug defence lawyer in your area to see if there is any application that can be brought to have the property returned. A court will not release the cash if they feel it is evidence.

If your charges are ultimately dismissed and the Crown does not seek (and the Court does not order a forfeiture of property), you would be entitled to the return of funds definitely at that point in time.

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