Drug offences are fully defined under the Criminal Code of Canada and the Controlled Drugs and Substance Act. There are numerous types of criminal offences which one might be charged with if they are found in possession of illegal substances and drugs. Keep in mind these offences are not only for illegal drugs like cocaine, marijuana, heroin, ecstasy, and ketamine, but also prescription drugs obtained illegally. This area of criminal law is rather complex with some of the strictest penalties. If you are charged with a drug offence you should not take it lightly and retain the services of an experienced criminal defence lawyer in Toronto.
Some of the more common drug offences brought against a defendant includes:
- Drug Possession: One of the more common drug offences, it is where a person has in their possession illegal drugs and substances. The amount found determines whether the Crown will seek additional charges.
- Drug Trafficking: Trafficking involves drug distribution to others. A person does not have to receive anything in exchange to be found guilty of trafficking.
- Drug Manufacturing and Production: Growing, producing, and chemically manufacturing illegal and controlled substances. The production or manufacture of the drugs does not have to be for trafficking purposes and can be for personal use. The Crown must establish the accused was fully aware they were producing or manufacturing illegal drugs and substances.
- Importing or Exporting Drugs: The accused knowingly carried illegal substances and drugs into or out of the country for the purpose of distribution on a larger scale. Claiming no knowledge about the drugs being transported in your possession is viewed as willful blindness by the Crown since the accused failed to learn the truth or did not want to know the truth about what was exactly in their possession.
- Possession of Proceeds from a Crime: Having in your possession money or items of value from the sale, distribution, or exchange of illegal and controlled substances.
These are just some of the basic drug offences one might be charged with by the Crown. There are numerous variations based on the amount of drugs found in your possession, as well as the type of drugs, and other details surrounding your case.
Defences to Criminal Drug Offences
There are numerous defences to drug offences used by Toronto criminal defence lawyer, Jeff Hershberg. In today’s society, police tend to overstep and violate the Canadian Charter of Rights of Individuals. When these rights have been violated in conjunction with drug offences, it is possible to ask the court to exclude evidence found as a result of a rights violation. Mr. Hershberg has successfully used rights violations of his clients to have their charges withdrawn and dismissed.
If you or a family member is being charged with a drug offence, you need to contact Jeff Hershberg, criminal defence lawyer in Toronto by calling 416-428-7360 for a free consultation and to discuss your case.