Dumas Mehar Law
Areas of Practice
Drug Offences
EXPERIENCED TORONTO CRIMINAL LAWYER DEFENDING DRUG CHARGES
Drug offences in Canada are established under the Controlled Drugs and Substances Act. A conviction for even the most minor drug offence can result in serious and lifelong consequences such as a criminal record, loss of employment, and the inability to travel. A conviction for a drug offence can also result in a lengthy term of imprisonment.
Our firm has a successful record at defending all types of drug offences, and we strive to obtain the best results for our clients in each and every case.
Types of Drug Offences
Drug crimes are broadly categorized and prosecuted based on the nature of the offence, as well as the type and quantities of the drugs or substances involved. Some of the most common drug offences we defend are:
Drug Possession: The possession of even a small quantity of an illegal drug or substance can lead to criminal charges.
Possession for the Purpose of Trafficking: The possession of larger quantities of drugs - alone or in combination with other evidence such as the possession of digital scales, baggies, or multiple cell phones - can result in "P4P" charges being laid.
Drug Trafficking: Selling an illegal substance or drug can result in drug trafficking charges. Aggravating factors of drug trafficking include proximity to schools, the use of violence, and whether the offence was committed for the benefit of, at the direction of, or in association with a criminal organization.
Drug Production: The production or manufacture of illegal drugs or substances can lead to extremely serious criminal charges. This includes charges related to illegal and unlicensed marijuana "grow-ops".
Drug Importing: Transporting illegal drugs or substances into Canada can result in drug importing charges, which are among the most serious in the Criminal Code. In many instances, a person accused of drug importation was unknowingly used as a "drug mule" by a criminal organization, and is unaware that they were transporting drugs into the country. A conviction for drug importing can result in a maximum sentence of life in prison.
Defending Drug Offences
There are numerous ways to successfully fight drug charges, and the strategic approach to each and every defence is case specific. One of the most effective ways to defend a drug charge is to directly challenge the prosecution's ability to prove an essential element of the offence, such as the accused person's knowledge and control of the drug. Another approach can be to attack the validity of a search warrant used by police to discover the drugs in question. Furthermore, as in all criminal cases, establishing that the police breached the accused person's constitutional Charter right's can also result in the exclusion of evidence and even a stay of proceedings.
Due to the complexity of defending criminal drug charges, as well as the severe consequences that result from a conviction, it is vital that accused person's retain experienced legal counsel if they wish the best possible outcome for their case.
