Have you been charged or is a criminal prosecution being initiated against you for drug possession, dealing, or manufacturing? In such cases, the offense involves the possession of narcotic and psychotropic substances or their unauthorized production or cultivation. This may involve cannabis (THC), methamphetamine, heroin, or cocaine.
If you possess a drug for personal use, it must not be in an “amount greater than small.” According to the Supreme Court, “An ‘amount greater than small’ within the meaning of Section 284, Paragraphs 1 and 2 of the Criminal Code should generally be considered an amount of a possessed narcotic or psychotropic substance or poison that—depending on the threat to human life and health resulting from the harmfulness of individual substances—multiples the typical dose of an average consumer.” If you possess a smaller amount, the conduct may be classified as a MISDEMEANOR; even in misdemeanor proceedings, it is advisable to be represented by legal counsel to ensure the lowest possible fine is imposed.
The unauthorized production of drugs is a separate criminal offense, and in this case, the quantity is not a prerequisite for criminal liability; however, it is a circumstance that can lead to a more severe sentence.
Has the police contacted you to provide an explanation or attend an interrogation? Are you already facing court proceedings? In such cases, it is preferable to be represented by an attorney specializing in criminal law who will assist you throughout the situation. Their role is to ensure the most favorable outcome for the client in criminal proceedings. This is fundamentally achieved by overseeing the legality of the procedures followed by law enforcement authorities (police, prosecutor, court) and ensuring the defendant’s rights are respected. More importantly, they will devise a comprehensive defense strategy and perform the actions described below.
The Role of an Attorney – Defense Counsel in Criminal Proceedings
The primary goal of a defense counsel is to PROVE THE DEFENDANT’S INNOCENCE. Therefore, they seek evidence in the defendant’s favor, dispute and refute evidence against them, ask appropriate questions to witnesses and victims, and utilize their expert knowledge of the law and judicial precedents.
In some cases, the evidence against the defendant is difficult to challenge; therefore, the defense counsel strives to ensure the outcome of the criminal proceedings is at least as lenient as possible. This means the defense counsel’s task is to SECURE A CONVICTION FOR A LESSER OFFENSE and a LOWER SENTENCE.
Criminal Proceedings for Drug Offenses
In the context of drug-related crime, it is crucial whether the substance is a narcotic, a psychotropic substance, or a poison. This is defined by the Act on Addictive Substances. As of January 1, 2025, the law specifies that KRATOM is a psychomodulatory substance; however, its possession will not be subject to criminal sanctions.
If the police find drugs in your possession, they will seize them and send them for laboratory analysis. If the analysis reveals the substance is an illegal drug, you may face a suspended sentence or, frequently, imprisonment for up to 18 years. The severity of the sentence depends, for example, on the quantity in your possession or the proceeds from drug sales. Personal or residential searches are often conducted in this context, ordered by courts or prosecutors, and strict legal conditions must be met for such warrants to be issued. For instance, only a court, not a prosecutor, can order a house search. Should the DEFENSE COUNSEL identify a lack of legal grounds for its issuance, evidence obtained through an illegal house search warrant could not be used in court!
If a law enforcement authority subsequently believes that a person has committed a crime, they will initiate criminal prosecution and issue a resolution to that effect. The defendant may file an appeal against this resolution within 3 days, which will be reviewed by the supervising prosecutor. If the criminal prosecution continues, the case goes to court, where witnesses, the defendant, and victims are interrogated. Furthermore, documentary evidence, protocols, laboratory reports, and expert opinions are presented. This is the core stage for proving the defendant’s guilt, and it is necessary to contest every piece of evidence brought against the defendant.
Choose a Defense Attorney as Soon as Possible
Criminal proceedings consist of several consecutive stages. For the best possible development of a client’s case, it is essential that their defense counsel is involved from the very beginning. If an attorney is brought into the defense at a later stage, it may no longer be possible to help the client fully, and they may only be able to mitigate the consequences.
I Am a Victim or an Injured Party of a Crime
The Law Office of JUDr. Marek Matěna in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín also assists victims of crime and injured parties. A victim can only be a natural person who has suffered physical, psychological, or property damage. An injured party can also be a legal entity. If a client chooses us as their legal representative, we will ensure that the court grants them compensation for damages and non-pecuniary harm suffered as a result of the crime.
AK Matěna Helps Clients in Difficult Times
The Law Office of JUDr. Marek Matěna in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín has long specialized in criminal law. Therefore, if you are dealing with a request for an explanation or a police interrogation, facing a main trial, have received a penal order, or are a victim or injured party of a crime, or have any other legal problem, do not hesitate to contact us. Our law firm will attend to you immediately and assist you with everything.
