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Drug Offences

Sentencing for various types of drug charges will vary based on the offence and the offender’s history with drug charges.


What You Need To Know:

Being convicted of a drug offence charge can be quite serious. Sentences can range from an absolute discharge to up to life in prison, in addition you may be required to pay fines up to $5000.

This is why it essential you seek the advice of a knowledgeable Toronto defence attorney to protect your rights.

An experienced criminal lawyer will have a huge list of possible drug offence defences that may allow your case to be dismissed. This is why it is essential for you to hire a criminal attorney who has the experience in courts with defending drug offence charges.

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Contact us for a consultation with Adam Goodman and see how we can protect you and your loved ones.

Potential Drug Offence Defences:

The Crown must prove a number of different factors for someone to be found guilty of a drug offence.

There is often an argument to be made that drug evidence should be excluded pursuant to the Canadian Charter of Rights and Freedoms. This occurs in cases of an an illegal search, improperly issued warrant, etc.

They must prove the drug is what it is purported to be and in cases of trafficking or possession for the purpose charges they must prove the drug was trafficked or was possessed for that purpose.

No Warrant Searches:

Evidence May Be Excluded

First of all, a Judge will need to determine whether there was in fact a Charter violation. If there was, then the court will then assess the circumstances to determine if it would be in the interests of the justice to exclude the evidence pursuant to s. 24(2) of the Charter.

Prosecution:

How Does It Happen?

Unless the charge has been delegated to the province it is the responsibility of the federal government (often called the Federal Crown) to prosecute the charge. Depending on the nature of the charge the matter may be a summary charge and be tried in the Ontario Court of Justice or an indictable charge where the accused has the right to a preliminary inquiry and a jury trial.

Got Caught?

A Guilty Plea

Although the evidence in drug cases is often real and non-circumstantial the Crown still has to prove a number of different things before a court can find someone guilty. Pleading guilty takes this burden away from them. In many cases there may also be a worthwhile Charter argument which may result in the drug evidence being excluded.

What Comes Next?
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