One of the most common charges in Canada is the one of criminal possession. Despite this, the majority of people still do not understand what the term possession is actually referring to in the context of legality. To help you change this and potentially defend yourself against such charges in the future, we have put together a guide that will explain the term “criminal possession” and all its additional components.
Possession Requires The Foundation of Knowledge And Control
To fully understand how possession is used in legal matters, you will first need to understand the views of criminal justice on knowledge and control. In order for the court to prove someone guilty in a case of criminal possession, they will have to prove that the accused was not just aware of the illegal object, but also, at least, partially in control of said object, otherwise the accused will not be convicted of criminal possession. If the accused is not under control of the illegal object, and thus cannot use it to benefit themselves or others, they cannot be charged for criminal possession. However, at this point it should be noted that storing an illegal object out of reach will not be a viable excuse in court.
On top of the control factor, it will also need to be proven that the accused was knowledgeable of the illegal object. This means, it has to be proven that they were aware that the illegal object was under their control. If someone is, for example, used to deliver illegal substances, or an illegal object, and is caught by the police on their way, they will be found innocent once it has been proven that they were unaware the package contained anything illegal. However, it should be noted that there are limits to this defense strategy. If you are caught selling a substance you believe to be drugs, but that aren’t actually drugs, you will still be found guilty. Furthermore, if you are found to be selling a substance that you know isn’t drugs, but that you have convinced your buyer to believe are drugs, you will also be found guilty.
You need to be aware of the illegal object and under some measure of control of it to be found guilty of criminal possession. If either of these factors is found to be untrue in regards to your circumstances, you cannot be charged. If you are found driving and involved in an accident, apart from being implicated for personal injuries, these will be additional charges levied against you. Thus, having a good personal injury lawyer in Kitchener in your corner will be of advantage.