Drug Trafficking Guide

In Canada, drug offences are widespread and those accused of these charges should seek the advice of a competent criminal defence attorney. At Kahlon Law in Toronto, our team has extensive trial experience and a proven track record of achieving favourable outcomes for our clients facing drug possession and drug charges. Possession of drugs or substances and drug trafficking are two different criminal charges, with different elements that the prosecution must prove in order to secure a conviction.

Understanding Drug Trafficking Charges

Drug trafficking, in essence, involves the illegal distribution, sale, or transport of controlled substances, such as narcotics or illicit drugs and illegal substances. The penalties for drug trafficking convictions can be severe, including imprisonment, penalties, and a criminal record.

Commonly Trafficked Substances

While drug trafficking can encompass a wide range of substances, some commonly trafficked drugs include marijuana, cocaine, heroin, and methamphetamine. Authorities also closely monitor the distribution of prescription drugs when they are being sold illegally.

What are the Elements of a Drug Possession Charge?

The most common types of drug charges are simple possession charges such as possession of heroin and possession of cocaine. To secure a conviction for drug possession, the prosecution must prove that the accused had knowledge of the presence of the drugs and had control over drugs. This means that the prosecution must show that the accused knew that the substance in question was an illegal drug and that they had the ability to take possession of it. The prosecution must also prove that the substance seized is in fact an illegal drug.

What is the Difference between Simple Possession and Possession for the Purpose of Trafficking?

Simple possession is defined as having a small amount of an illegal substance for personal use. Possession for the purpose of trafficking, on the other hand, is when an individual possesses a larger amount of an illegal substance with the intent to sell or distribute it to others. Often, at trial, the Crown will call a drug expert to testify as to the amount of drugs seized and whether it is consistent with personal use or trafficking.

Defences Available For Different Substances

Drug-related offences typically involve a lengthy police investigation which may lead to a long legal process. Depending on the number of parties involved in the police case and the amount of illegal narcotics seized, disclosure of evidence can be quite complex. If you have been charged with a drug-related crime by the police, it is best to reach out to experienced criminal lawyers for defence and get an initial consultation for your case. During the consultation with lawyers, you should find out what legal services are provided and possibly get a breakdown of what legal defences may apply to your case.

There are a number of potential effective defences available to those facing drug possession and drug trafficking charges. One common defense is challenging the legality of the search and seizure. If the police obtained the drugs through an illegal search, or if they did not have a valid search warrant, the defence may be able to have the proof excluded from the trial.

The accused can also dispute the evidence presented, claiming that it fails to demonstrate awareness or possession of the drug. For instance, if drugs are discovered in a motor vehicle, all the occupants of that car could be charged with possession. However, a defence might be available that they did not know that the drugs were present and had no control over them.

Defense Strategies for Drug Trafficking Charges

When facing drug trafficking charges, it’s crucial to have a skilled and experienced defense attorney by your side. Here are some common defense strategies employed in drug trafficking cases:

When facing drug trafficking charges, it’s crucial to have a skilled and experienced defense attorney by your side. Here are some common defense strategies employed in drug trafficking cases:

Challenging Evidence: Your attorney may scrutinize the evidence against you, looking for any irregularities or violations of your rights during searches or seizures.

Establishing Lack of Knowledge: If you were unaware that the drugs were in your possession or were not intending to traffic them, your lawyer may argue that you lacked the requisite intent for a trafficking charge.

Proving Unlawful Search and Seizure: If the evidence was obtained through an illegal search or seizure, it may be deemed inadmissible in court.

Negotiating Plea Bargains: In some cases, negotiating a plea bargain for reduced charges or penalties may be a viable strategy.

Alternative Sentencing Options: Your attorney may explore alternatives to traditional sentencing, such as diversion programs or rehabilitation, depending on the circumstances.

The Role of a Criminal Lawyer In Criminal Justice System

An experienced drug crime lawyer can help the accused understand the charges against them, the potential penalties, and the defences available. They can also help analyse the evidence and negotiate with the prosecution for a favourable outcome.

At Kahlon Law, our team has the knowledge and experience to navigate the complex legal system and defend clients facing drug possession and drug trafficking charges. Our law firm understands the severity of these criminal offences and the potential consequences of a criminal conviction, such as jail time and a criminal record, and we work tirelessly to achieve the best possible outcome for our clients.

If you or a loved one is facing drug possession or drug trafficking charges, contact Kahlon Law in Toronto, Ontario today, for a consultation with one of our experienced criminal defence lawyers. Kahlon Law has the knowledge, experience and resources to help you fight these criminal charges and achieve the best possible outcome.

Conclusion

Drug trafficking charges are not to be taken lightly, given the potential life-altering consequences they carry. If you find yourself facing such charges, it’s essential to seek immediate legal counsel. A skilled attorney with expertise in drug trafficking defense can assess your case, provide guidance, and work tirelessly to protect your rights and future.