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 |2022-10-05T13:18:16+00:00October 5th, 2022|Drug Charges|
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario

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He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.

TESTIMONIALS

Thanks Igor for all your help throughout my criminal process. I have never been charged before and I think Igor really helped ease my nerves through the entire process. When I was initially charged I called a couple of other firms but I ended up retaining Igor because when we spoke on the phone he spent a lot of time to explain what I was charged with and what it all means, I felt the most comfortable when talking to him. As my case progressed, he really took the time to explain my options and the probability of each one, so I really appreciated that and I felt less confused with all the various legal proceedings.
My son was charged with DUI and I hired Igor to represent his matter. Overall, my experience with Igor was great and my son felt really comfortable working with Igor as well. As a parent, I was really concerned about the entire process and even though my son is considered an adult, I was extremely involved the entire time. I really liked that Igor respected my concerns as a worried parent and always ensured any meetings or conversations were held with me present as much as possible, if I wasn’t available to attend a meeting and only him and my son were able to meet, Igor would reach out to update me. I would most definitely recommend Igor to others.
He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.

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