Drug Trafficking Charges – Withdrawn
The criminal lawyers at Alberta Legal represented a woman charged with trafficking in cocaine (two charges) where all charges were eventually withdrawn.
Trafficking in a Schedule I substance is a serious offence which can result in a significant period of imprisonment. Section 5(1) of the Controlled Drugs and Substance Act states:
5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
In this case, undercover officers engaged Ms. Williamson’s client through Snapchat from another person they were investigating. Several communications occurred where the officers then recorded the messages with another officer’s phone. Ms. Williamson’s client attended at two different locations on two different occasions and sold a small amount of cocaine. She received money in exchange. After the second “buy” a traffic stop was conducted and Ms. Williamson’s client was arrested. The officers conducted an extensive search upon arrest. Several items were seized. Ms. Williamson’s client was arrested and charged.
During the court process, Ms. Williamson mounted a defence including identifying breaches of her client’s Charter protected rights. After a skillful negotiation, Ms. Williamson was able to convince the prosecutor that there was no likelihood of conviction and all charges were withdrawn.
This case demonstrates the power a case planning and defence building strategy can achieve. In this case, had there not been the breaches of her rights there would have been no viable defence to pursue at trial. However, through the careful case planning process the breaches were identified which allowed the defence and strategy to form.
If you have been charged with a drug offence contact the lawyers at Alberta Legal today.
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