LBE Has Been Winning Cases Since 1989!
Drug Charges Defence Lawyer, Toronto, Newmarket
In Canada, the Controlled Drugs and Substances Act governs the sale, distribution, trafficking, possession, transport and production of the drugs listed therein. Some of these drugs are completely banned, whereas others are available under limited circumstances like a doctor’s prescription.
Drugs can either be classified as “hard” drugs or “soft” drugs based on their effects and mental and physical risks. For instance, certain drugs, even when consumed in limited doses are highly addictive and could even result in death. The Act lists the following substances among others:
- Psilocybin Mushrooms
Winning Cases Since 1989
What are the types of drug charges in Canada? Drug charges vary based on the type of drug, the intended purpose of use and the quantity. These typically include;
- Possession of a prohibited or controlled substance with intent to use
- Possession of a prohibited or controlled substance with intent to distribute or traffic
- Producing, cultivating or growing a prohibited or controlled substance
- Importing or exporting a prohibited or controlled substance
Do I need a lawyer for a misdemeanour drug charge? The answer is always yes! There are no “small” cases when it comes to drug offences as these often have far-reaching personal and professional implications.
If you or a loved one have been charged with a drug offence, contact a lawyer immediately. My name is Lawrence Ben-Eliezer and I am an affordable criminal defence lawyer in Newmarket with a wealth of experience at all levels of court.
Using the knowledge I’ve gleaned through conducting countless trials in the Ontario Court of Justice and Superior Court of Justice and arguing numerous appeals, I will try my best to strengthen your defence and prepare you for the prosecutor’s questioning.
My goal is to help you walk away with your reputation intact. I aim to move the process along quickly to get you cleared of all charges so that you aren’t tied to the courtroom. A drug defence lawyer is your ticket to a strong defence!
Collection of Evidence
This type of charge may be investigated in a number of different ways.
POSSESSION WITH INTENT TO USE
This charge refers to the drug being on the person or in the vicinity of the defendant who had an intention to personally use it. The prosecutor will look for;
– Physical custody of the drug
– The person being aware that they were in physical possession of the drug
– Evidence suggesting that the person had an intent to possess the drug
A charge may also apply if the person had knowledge of a friend who had a prohibited substance on them. This counts as a form of consent.
POSSESSION WITH INTENT TO TRAFFIC
The police, pursuant to an executed search warrant or while investigating another case, may discover substantial quantities of the controlled substance at the trafficker’s house.
Bear in mind, the police don’t have to have evidence of the drug actually being sold. The existence of weighing scales, plastic bags and the likes that point to the intent of distribution will suffice for a charge to be laid.
Additionally, the exchange of money isn’t a prerequisite for the individual to be charged. Even if there was an intent to distribute the drug for free, the charge still stands as long as the prosecutor can convince the court that the mental intention was there.
Penalties of a Conviction
The Crown penalizes drug offenders based on the severity of the case.
Do first-time drug offenders go to jail? If you happened to be found with over 30 grams of a “soft” drug-like cannabis on your person, a summary conviction will ensue. This carries a jail term of 6 months and a $1,000 fine. A repeat offence may lead to a 1-year sentence and a $2,000 fine.
Possession of “hard” drugs like LSD, mescaline, and amphetamines will be pursed via an indictment by the Crown. These may carry substantial penalties like a 3-year prison sentence. For possession of heroin or cocaine, the maximum penalty goes as high as 7 years on an indictable prosecution.
Possession with intent to traffic is viewed in a much graver light. Penalties naturally vary based on the type of drug and the quantity in question. The accused is looking at anything from 18 months in prison to a $2,000 fine or both. Life imprisonment is a strong possibility.
The Crown now allows Canadians to apply for a no-cost expedited pardon for simple marijuana possession convictions. As per this law, people who were convicted of simple possession (under 30 grams) can have their record suspended, without having to wait out the 5-10 year period which is usually the case when applying for a pardon.
When the person’s record is suspended, their criminal record will no longer reflect the charge. The idea is to give people a chance to access career and educational opportunities without this conviction holding them back.
Contact an Affordable Criminal Defence Lawyer in Toronto
At LBE Law in Newmarket and Toronto, I work around the clock to gather evidence that will help you present a winning defence in court.
- I have the knowledge and expertise of the legal system to guide you through the process and improve your chances of an acquittal.
- I will coach you thoroughly to handle the prosecutor’s questioning.
- I track and file the necessary paperwork on your behalf to ensure that the process moves smoothly, leaving you free to spend as much time away from the courtroom as possible.
- If the prosecutor hasn’t obtained the evidence in a manner pursuant to the law, I will work around the clock to have this evidence excluded from your case.
- If any legal loopholes exist that could specifically benefit your case, I will find them and help you advantage of these.
- I have an impressive success rate of defending clients charged with similar offences. This allows me to treat your case with great attention to detail, while also anticipating complications that might happen down the line.