Many criminal charges can be considered aggravating if a weapon was involved or found at the scene of the alleged crime. This is especially true in drug trafficking cases. If a weapon is seized during a drug search, you may face mandatory minimum prison sentences — sentences the court must impose if you are found guilty.
For example, drug trafficking charges — and even drug possession with the intent to traffic charges — carry mandatory minimum sentences of one year if firearms were involved. Some of these mandatory sentences have been declared unconstitutional, and have been struck down. Courts must be made aware of that it is possible that they are dealing with such a law. You need a lawyer who can identify that possibility, and build a constitutional case for striking down that mandatory sentence.
If your future is on the line, seek the help of an experienced weapons charges defence lawyer. I am Jack Kelly, a Calgary barrister who has helped clients defend against serious criminal charges for more than 20 years.
The defences in weapons and narcotics cases are very similar to the defences used in other drug crimes cases. Some questions I may ask as part of your defence include: Did the police have a search warrant to search your home? Did they follow the law during the search and arrest? If not, can both the weapon and drug evidence be suppressed or excluded from the trial? Does the Crown have proof that you had knowledge about and control over the illegal substance and gun?
I will provide you with candid advice about your options for defence and then work to provide you with the best defence possible based on the facts of your case.
In addition to drug crimes, the law imposes mandatory minimum sentences for certain other crimes, such as robbery and extortion, when a firearm was involved. Armed robbery, for example, carries a mandatory four-year prison term.
I have extensive experience defending clients accused of many weapons charges, including:
Whether you face a firearms charge by itself or attached to another crime such as possession of illegal narcotics, contact my law office in Calgary at 403-800-7071 or toll free at 800-678-6941. I represent clients in Calgary, Red Deer, Lethbridge and throughout Alberta.