DEFENCE LAWYERS FOR FENTANYL AND CARFENTANIL POSSESSION IN WESTERN CANADA

If you or someone you know is facing charges relating to fentanyl or carfentanil possession or trafficking in Calgary or surrounding areas, we recommend you speak with Ouellette Hoare Claxton as soon as possible. A survey of recent Western Canadian fentanyl sentencing decisions reveals that courts are emphasizing the need for increased deterrence as a response to the opioid crisis. The law has made it clear trafficking in these drugs will lead to as significant jail sentence. The primary functioning of sentencing for these offences is deterrence. That deterrence is lengthy federal jail time. House arrest is not a sentencing option.

It is important to know that simply because law enforcement have caught you in possession of Fentanyl and you feel you have no defence, an experienced lawyer can raise many other issues, such as the Charter compliance of the search, which on successful argument can potentially have your case dismissed completely. At Ouellette Hoare Claxton, we recognize that defending fentanyl cases requires expert legal advice with discretion, commitment, and uncompromising dedication. In court, we often protect our clients on the basis of problems associated to search and seizure. Section 8 of the Canadian Charter of Rights and Freedoms guarantees the right to freedom from unlawful search and seizure. Our lawyers regularly challenge search warrants and police actions on the merits of this freedom to protect our clients’ rights to be free of an improperly conducted search and seizure.

Ouellette Hoare Claxton is known for our work in demonstrating that illegal search and seizure techniques have been employed, and we will identify any errors made by the police while obtaining a search warrant, during the course of surveillance or when executing an arrest. Additionally the Crown may not be able to prove you had knowledge or control of the drug(s). Or that the drug(s) were not possessed for the purpose of trafficking. These charges can be defended.

Let the legal experts at Ouellette Hoare Claxton assist you in defending you these serious charges.

Can I be Diverted to the Alternative Measures Program for a Fentanyl Drug Charge?

The current position sentencing position in Alberta places deterrence and “sending a message” to the offender.  Addiction, however can be a significant factor in a sentencing hearing.

One of the most rewarding factors of our representation comprises of keeping our clients’ records clear. When managed correctly, we can frequently make the best of a bad situation and lessen the long-term damage to our clients’ lasting records. Whenever appropriate, we seek alternatives to incarceration, such as diversionary or drug treatment programs to help in rehabilitation for treatment and recovery.

For simple possession of drugs such as cocaine, methamphetamine, ecstasy, ketamine, heroin and fentanyl, the Crown is typically reluctant to withdraw these charges or refer them to a diversionary program.  An experienced lawyer may be able to obtain a referral to AMP in charges such as these, even if the prosecutor has initially taken a position that you are not eligible.

Referral to the Alternative Measures Program for Drug Offences is a possible outcome, depending on the nature of the offence and circumstances of the offender. It is ultimately up to the Crown prosecutor as to whether you are eligible for such a program.

Fentanyl

If you are facing a fentanyl distribution charge, you may be subject to civil sanctions, including- but not limited to- forfeiture of assets. You could lose your money, home, vehicles, and more — even if you aren’t found guilty. Retain a proven fentanyl defense lawyer as soon as possible to safeguard your rights and your hard-earned belongings. The team at Ouellette Hoare Claxton has a specific focus in Charter of Rights issues as they relate to search and seizure cases. With over 70 years of legal experience, we know your rights, and we will fight to help you keep your assets and avoid a lengthy jail term.

If you are interested in securing a vigorous defence and would like to meet with us, contact us via E-mail or call our Calgary fentanyl possession defense lawyers at 587-355-8888.

 

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