Marijuana
A conviction for marijuana possession can lead to a criminal record that will cause unnecessary problems with travel and employment. Hiring a good marijuana defence lawyer is the best way to avoid the stigma of a drug conviction. Brian Mickelson, Joel Whysall and Melissa Kaniuk are experienced marijuana defence lawyers who have successfully represented clients with possession of marijuana charges as well as more serious charges such as possession for the purpose of trafficking and production of marijuana. A good marijuana defence lawyer will carefully prepare arguments regarding the sufficiency of the evidence as well as submissions regarding the admissibility of the evidence. Common defences employed by the successful marijuana defence lawyers at Mickelson & Company include application to exclude the seized drugs because of an unlawful search and seizure. The drug defence lawyers at Mickelson & Company have also obtained acquittals by demonstrating that the evidence of possession is insufficient to pass the threshold of proof beyond a reasonable doubt.
Possession
Possession includes personal possession as well as constructive or joint possession. All forms of possession require proof of knowledge and control and these must be proven to have co-existed at the time of the offence in order to prove possession. Proof of personal possession normally includes proof of manual handling along with proof of knowledge of the presence and nature of the substance. In addition, the prosecution is required to prove that the accused exercised some measure of control over the illegal substance.
The lawyers at Mickelson & Company will illustrate the insufficiency of the evidence alleged to demonstrate possession. The lawyers at Mickelson & Company have often successfully conducted a marijuana defence by showing that evidence raises no more than a suspicion of knowledge and control over the substance.
Possession for the Purpose of Trafficking
In order to prove possession for the purpose of trafficking , the prosecution must prove possession (see above) and that the possession was for the purpose of trafficking. The intention to traffick can be proven through statements or circumstances. Typical circumstances that tend to support a finding that an accused possess a controlled substance for the purpose of trafficking include (1) the quantity of the substance; (2) packaging of the substance; and (3) paraphernalia associated with trafficking.
The marijuana defence lawyers at Mickelson & Company will prepare defences to both elements of the offence of possession of the purpose of trafficking. Even if the evidence of possession is strong, many times the evidence of an intent to traffick is inconclusive.
Production
Marijuana grow operations typically involve numerous parties and the marijuana defence lawyers at Mickelson & Company will ensure you are not blamed for something you were not involved in. Merely being found at a residence is insufficient to establish guilt. The marijuana defence lawyers at Mickelson & Company have successfully defended marijuana production charges with numerous defences including (1) insufficient evidence of participation; (2) insufficient evidence of knowledge; (3) insufficient evidence of control; and (4) unlawful search & seizure. The investigating officers have an obligation to ensure that an individual’s constitutional rights are not violated during the investigation. Our marijuana defence lawyers will ensure your rights are protected.