Everything You Need to Know About Drug Trafficking Charges

Drug trafficking charges must be taken seriously. You risk losing your freedom and your constitutional rights if you are found guilty of trafficking drugs, and criminal charges can affect every area of your life. Important elements related to criminal offences need to be addressed by a skilled and knowledgeable criminal defence attorney.

Individuals facing drug trafficking charges in Canada are charged under the Controlled Drugs and Substances Act. Being convicted of drug trafficking charges means facing fines, incarceration, and restrictions on employment and educational opportunities.

Under Canadian law, drug trafficking is defined as follows:

  • To sell, administer, give, transfer, transport, send or deliver the substance
  • To sell an authorization to obtain the substance, or
  • To offer to do anything mentioned in paragraph (a) or otherwise under the authority of regulations

The Process of Being Charged

Being charged with drug trafficking typically means first being investigated by police officers. If sufficient evidence arises from the investigation, the officers will then send drug trafficking charges to Crown Counsel. After being charged with drug trafficking, you will either be held for a formal bail hearing or released.

Next, you will receive a document stating the date, time, and place of your court appearance. You must also adhere to specific restrictions placed on you if you are released. If you are released on bail, you may be required to do the following:

  • Meet with a bail supervisor
  • Refrain from using a mobile phone
  • Give up your passport
  • Stay inside a particular geographic zone
  • Inform the court of your address and any future address changes
  • Adhere to a strict curfew
  • Do not commit any crimes
  • Avoid using drugs and alcohol
  • Do not communicate with members of a criminal enterprise

Your Court Appearance

There are not many substantive events that will take place when you attend your first court appearance. You will not be required to take any important steps regarding your case during the first court appearance – instead, the court will read the charges you are facing and make sure that you understand the nature of the allegations. Also, you will have the right to order disclosure from the Crown attorney’s office.

After the first court appearance, you will have the opportunity to review the disclosure documents and hire a criminal defence lawyer. Another court appearance date will be scheduled, and the appearance notice you receive will inform you of the date, time, and place of the scheduled court appearance.

It is recommended that you arrive at least fifteen minutes early for your court appearance. Read the docket list and make sure the charges match those listed on your appearance notice. It is also a good idea to turn your mobile phone off before you enter the courtroom.

Duty counsel will be present during your first court appearance. You can ask the duty counsel for assistance during your court appearance. During your first court appearance, you will order the disclosure regarding your case – it may take several weeks for the Crown to prepare the disclosure documents package. By requesting disclosure before you retain a criminal defence lawyer, you can make sure your case is moving through the system on time.

Preliminary Hearings

A preliminary hearing is a court proceeding during which the Crown will present evidence against the accused, typically by examining witnesses who testify. You will not present a defence at a preliminary hearing: instead, the defence will analyze and evaluate the case being presented against the accused individual. After the preliminary hearing, the accused is either discharged or committed to trial. If an accused is discharged, this means that sufficient evidence does not exist to prosecute the accused.

If the accused is committed to trial, then a trial date will be set. A judge only needs to see that enough evidence exists to possibly convict the accused; if this standard is met, the accused will be committed to trial.

Preliminary hearings can help your case by allowing a defence lawyer the opportunity to examine the evidence presented by the Crown. Also, learning about specific witnesses and their backgrounds can strengthen your case. If you were subject to an illegal search and seizure, a criminal defence lawyer can draft Charter applications and work toward having some evidence suppressed so that it will not be admitted at trial.

How to Fight Back Against Your Charges

Police officers may have committed a number of errors while performing an investigation related to your drug trafficking charges. Informants, anonymous tips, and sting operations are often used by police departments during drug trafficking investigations.

You can fight back against drug trafficking charges by claiming you did not consent to, have knowledge of, or control the substance in question. You will likely need to demonstrate that you were not in willful and conscious possession of the drug. For example, you may claim that you were unaware that the drug was an illicit substance. Also, you may claim that you were unaware that the drug was in an article of your clothing, or in your possession at all.

You may claim that another party forced you to maintain possession of the drug where police officers discovered it. It is also possible for you to argue that you in fact did not control the drug.

The Crown must demonstrate that the drug you possessed is a controlled substance. However, lab evidence regarding the controlled substance may have been destroyed, or, required certificates related to tests may not have been obtained by the police department. Any certificate must also be served to your defence lawyer. Procedural mistakes made by the Crown can help you fight back against your charges.

Remember, the Crown must prove the drug trafficking charge beyond a reasonable doubt. Any missing or destroyed evidence will make it more difficult for the Crown to bring a strong case against you.

Police officers may have committed an unlawful search and seizure. A skilled defence lawyer will argue that police officers did not have a valid search warrant. A defence lawyer can also argue that the evidence obtained by performing an unlawful search and seizure should be suppressed. These factors can all help you fight back against drug trafficking charges.

By |2023-08-11T10:32:58+00:00October 5th, 2022|Drug Charges|

5/5 - (1 vote)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 114 reviews fromRajveer SinghRajveer Singh ★★★★★ WaheguruAlyssa TolentinoAlyssa Tolentino ★★★★★ Igor is an incredibly professional, yet empathetic lawyer — I retained his services for charges laid against someone close to me, and would make that decision time and time again! He pays attention to every detail, and will be by your side to get the best outcome possible. You’re in good hands with him.Kathryn GilfoyKathryn Gilfoy ★★★★★ john la magnajohn la magna ★★★★★ I had a great experience with Vilkhov Law. Igor was professional, efficient, and made my very stressful first endeavour into needing legal council as much of a breeze as it could have been.He was also very patient with me as a first time offender with way too many questions.I highly recommended Igor, and his team at Vilkhov Law!Norbert WysockiNorbert Wysocki ★★★★★ Igor and his team provided excellent service in very delicate and emotional case. They were extremely supporting and knowledgeable. Thank you for everything you have done!Jason WorthJason Worth ★★★★★ Words cannot describe what Igor has done for me. Igor is the most skilled and amazing attorney I have ever met in my entire life. I had a long list of charges (some that carried some serious penitentiary time) and worked some serious magic with countless hours behind the scenes for me to make just 1 appearance and have ALL THE CHARGES WITHDRAWN and a peace bond put in place. The timeframe for it was amazing as well he took care of me and this situation in only 15 months! (we all know the justice system does not work that fast normally!) If you want a very highly skilled, passionate, available(Igor would take calls and messages even after normal hours to fill me in!), experienced and dedicated attorney that will work tirelssly with you and for you to get you the absolute best results then Igor is your man! 5 stars does not do this man justice he deserves 100 stars!N -N - ★★★★★ Great lawyer. Knowledgeable and helpful. 10/10 would recommend :)GLORIS SPENCEGLORIS SPENCE ★★★★★ Working with Igor and his team during a very unpleasant situation has been a blessing. Even though the legal process was a lengthy one, they were there to answer the questions and concerns we had.Thankfully, it's all over and settled and hopefully we'll not need his services again, but it is reassuring to know that if the situation should every arise where legal counsel is needed, Vilkhov Law Professional will be there in my corner.Thank you.Scott K.Scott K. ★★★★★ I would like to give Igor 5 stars for handling my serious case for the last 11 months of my life. In December 2022, I was wrongfully accused of 2 serious charges under my name however, Igor took care of it from the beginning and finally all of those wrongful charges are withdrawn and now I feel much better and at ease. I am very glad that Igor could help me throughout the hard process and bring out the best result possible! Also, what I want to pinpoint out for the most is that he picks up the call by himself and you get to contact directly with him whenever you have questions or want updates throughout the process. I know that it could be tiring for lawyers who have other clients at the moment but Igor always keep a close contact with his client and I was always able to talk to him directly when I needed for the last 11 months. At last, I wish all the best for Igor and hope that god blesses throughout his career and may he be able to offer his professionalism to help other people in need. Thank you Igor :)SAID ALISAID ALI ★★★★★ Igor is an exceptional lawyer! I am very thankful for his excellent professional legal advice and assistance, he was able to drop my S.A charges. Thank you Igor for everything you've done, I really appreciate your services.M AlyM Aly ★★★★★ I was charged with SA, which rarely ever get dropped and generally always go to trial. Igor Vilkhov was able to get my charges fully withdrawn with no consequences or harm to me.Every lawyer I spoke with quoted me astronomical fees and explained how they would have to jump through hoops and perform ‘legal gymnastics’ to help me. Igor was the only lawyer who gave me a fair and realistic fee structure. He walked me through what the process would look like and gave realistic expectations. It was clear from the start he knew what he was doing and that his experience was significant. Throughout the process he provided regular updates and was always reachable. If you’re charged, I highly recommend at least speaking with Igor before making a decision on an attorney.Melissa HinrichsenMelissa Hinrichsen ★★★★★ Igor was amazing to deal with. His response time was amazing compared to others. He knew what I needed and got the job done. I highly recommend to everyone.NicoleNicole ★★★★★ Very kind and helpfulDevere SDevere S ★★★★★ Mr.Vilkhov is a professional and very good lawyer, goes through everyrhing to make sure it gets dealt with properly, He replies fast if you have questions or anything as well, along with his staff Jessica she was a big help as well.Jessica Gavrikov-ZinchenkoJessica Gavrikov-Zinchenko ★★★★★ Igor Vilkhov is a one-of-a-kind lawyer, his skills truly exceed expectations. He is incredibly diligent and has a passion for ensuring that his clients receive the best possible representation. Additionally, he has a wonderful team behind him, ensuring that his business operations and client relations are running smoothly.Saira JawaidSaira Jawaid ★★★★★ Igor is a good friend and colleague of mine that has helped me tremendously in my legal profession. I can always rely on him for any legal related questions. I’ve personally worked with him and I can say with confidence he is a hard working, dedicated, result focused lawyer. Keep up the hard work!Daniel SlobodkinDaniel Slobodkin ★★★★★ I have known Mr. Vilkhov in a professional and personal capacity for several years. Mr. Vilkhov is a well-respected and devoted criminal lawyer who prioritizes the success and livelihood of his clients. Mr. Vilkhov goes out of his way and makes time, at all times of day, to tend to the needs of his clients. Mr. Vilkhov is a diligent lawyer I would recommend to anyone dealing with a criminal matter. Well-spoken, confident, methodical and professional are qualities that only begin to scratch the surface of Mr. Vilkhov's criminal law practice and his character at whole.mike cookmike cook ★★★★★ I can’t say enough good things about my experience with Mr. vilkhov he truly takes pride in his work and did his absolute best to work on my case and get me the best deal I would recommend him to everyone. Hiring Mr .vilkhow will be the best decision for anyone to make he’s truly amazing at what he does .Amina HuseynovaAmina Huseynova ★★★★★ I've known Igor professionally for a long time, one of the most dedicated criminal lawyers I have met. He gets amazing results for his clients and I would recommend anyone who is looking to hire him.maddy mmaddy m ★★★★★ I am international student in Canada, six months ago I was falsely accused of SA and I was charged. I had never dealt with all this in my life and I started looking for a lawyer. I spoke too more than 50 lawyers all over ontario and every lawyer I spoke to tried to scare me and told me that I am a dead meat here and this thing is definitely going to trial and were only interested in talking about their fees. Mr Vilkhov patiently heard my case and told me that there is a high possibility of getting the case withdrawn . He was straightforward and honest. He convinced me after one call that he is the right lawyer for me to retain. He charged a very reasonable fee which he let me pay in installments. He kept me well informed about my case in every stage. Mr. Vilkhov and Daniel from his team were my constant support. Every message and every phone call was answered.Mr Vilkhov got the charges withdrawn!!! My case was in a jurisdictions were cases like these never get withdrawn. But Mr. Vilkhov gave his best and got the charges withdrawn without any conditions. I cannot thank Vilkhov law professional for giving my life back! Mr. Vilkhov is very knowledgeable and he is the lawyer you need by your side when you need it the most! He wins when you need it the most! Thank you Vilkhov law corporation!Jay ModiJay Modi ★★★★★ Igor and his team exceeded my expectations, efficiently getting all charges dropped in my case. His timely responses, coupled with Daniel's eloquence, made for an exceptional first-time experience with a lawyer. They provided a unique blend of empathy and straightforwardness that instilled confidence throughout the legal process. Highly recommendable for anyone in need of a criminal justice lawyer.Naqib PopalNaqib Popal ★★★★★ I just left Brampton courthouse. I was acquitted of 11 charges after a long trial. Igor Vilkhov absolutely killed it during the entire trial. If it wasn’t for him, I would be going to jail. Thank you so much for your work, you ensured the truth came out. Thank you, you got me my life back.Chad AllanChad Allan ★★★★★ Igor got me an amazing deal, he was always communicating with me and updating me about my case, he got me the deal of a lifetime and I can’t him enough. If you are reading this and you are thinking about who to hire, just call him, he is the right lawyer for you.Jamie LewisJamie Lewis ★★★★★ If you need a lawyer who is actually going to work for you, and get results go with Igor at Vilkhov Law. He was very patient and understanding and knows his stuff. I was facing a huge fine which would have devastated me financially for years to come, but with his passionate submission to crown on my behalf he was able to get the fine reduced by 90%. His colleagues he works with are amazing too. Thank you so much for all of your help through this matter Igor! You truely have saved my future. I appreciate it beyond measure! All the best in the future!js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top