Offence against public health
Drug trafficking defence lawyer
Drug trafficking covers very different types of conduct under the same basic offence: from possession with indications of intent to supply, to structured organisations, through aggravating factors such as quantities of notorious significance, distribution near schools, or the use of minors. The sentence varies enormously depending on which of these circumstances is present and how it is proven.
Expert evidence on the substance — composition and purity — and the lawfulness of the search in which it was seized are, in practice, the two fronts that most often decide these proceedings.
The difference between personal use and supply, or between acting alone and as part of an organisation, is what separates a light sentence from years in prison.
Scope of work
- Assistance to the detainee and involvement from the first statement
- Challenging searches and the chain of custody of the substance
- Defence against the aggravating factor of notorious quantity or criminal organisation
- Opposition to pre-trial detention and negotiation of procedural strategy
When to call
- You have been detained with a controlled substance and have not yet made a statement
- A search has been carried out at your home or vehicle
- You are accused of belonging to an organisation and believe you acted alone
Frequently asked questions
Is possessing drugs always a criminal offence?
No. Possession for personal use, in a quantity consistent with that purpose, does not constitute an offence under article 368 (although it may lead to an administrative penalty). What turns possession into an offence is the existence of indications that it is intended for supply, and that assessment is precisely what is most often disputed at trial.
What is a quantity of notorious significance?
It is an aggravating factor applied from certain quantities of the substance, set by case law depending on the type of drug, which substantially increases the sentence. Its application depends on expert analysis of the quantity and purity seized.
Can a search be challenged if there was no judicial warrant?
Yes, and where it succeeds it can render the evidence obtained inadmissible. Reviewing the authorisation — judicial or the occupant's consent — is one of the first steps in any defence in this field.