Being charged for drug-related offences under the Controlled Drugs and Substances Act can be a life-changing event. If the federal prosecutor is able to convince the judge and/or jury to declare you guilty, you face jail time, fines, as well as restrictions later on when you search for employment and pursue higher education. Even travelling abroad with a criminal record is extremely difficult.
But a Sicotte and Sandhu criminal lawyer can use various defences to strengthen your case. Arguing that inappropriate and unlawful police conduct was a factor in your case is just one way criminal lawyers can prevent convictions. Our law firm has several practice areas, including a wide range of experience with drug cases.
Controlled Drugs and Substances Act
What is drug trafficking? According to the Controlled Drugs and Substances Act, drug trafficking means:
- (a) to sell, administer, give, transfer, transport, send or deliver the substance,
- (b) to sell an authorization to obtain the substance, or
- (c) to offer to do anything mentioned in paragraph (a) or (b) otherwise than under the authority of the regulations.”
If you are charged with drug offences under this Act, you are entitled to the full disclosure of the Crown’s evidence. But without a lawyer or extensive knowledge of the law, most people won’t know how to understand or interpret this information. Moreover, to establish defences or to argue exclusion of the evidence due to police misconduct can be complex and require legal nuance. At a preliminary hearing or trial, you should have legal representation.
A Sicotte & Sandhu lawyer knows how to get a drug trafficking charge and other drug offences dropped. Contact us today for an initial consultation.
Can Drug Trafficking Charges Be Dropped?
Drug trafficking charges can be dropped because there are many defences your lawyer can use to prevent a conviction and show the weak points in the Crown’s case. Every case will be different, but you may also be charged with possession of an illegal substance. It is essential to have an expert in criminal law to represent you.
- Your criminal defence lawyer may be able to raise a reasonable doubt that you’re the individual who committed the crime of drug trafficking. With an element of doubt in who was selling, transporting, or trafficking the controlled substance, it is much more likely that you won’t be found guilty.
- Another argument for your case is that you had no knowledge that you were doing anything illegal. You may have believed that you had possession of, were selling, or transporting a legal substance. You might not even have been aware that the substance was in your possession to begin with.
- How the search and seizure of the controlled substances were conducted may lead to the case being thrown out. According to Section 8 of the Canadian Charter of Rights and Freedoms, searches and seizures must be conducted with consent or the police officer must be acting possess a proper search warrant. Provide your criminal lawyer with as many details as possible. They will be able to assess if your rights were violated. If the police acted inappropriately, this is a strong defence to have the case dropped.
- The prosecution has the task of proving the nature of the drug, such as whether or not it was a controlled substance. They also need to prove intent for the trafficking of the substance. Again, provide any and all details to your team of criminal lawyers, so they can prepare the best possible defence.
Bear in mind that your criminal defence lawyer will judge the best defence for you based on the circumstances surrounding your case.
How Do You Defend Against Drug Charges?
The best way to defend yourself against drug charges is by hiring a criminal defence lawyer. We can help you fight against many criminal charges, including:
- Possession of a controlled substance
- Possession for the purpose of trafficking
At Sicotte & Sandhu, we do everything we can to prevent criminal convictions and ensure that you keep a clean record. Without the knowledge and skill of criminal defence lawyers, your chances of conviction and jail time are high. The social stigma and difficulties you have to face afterward will severely reduce your quality of life.
Seek legal advice today by booking a free consultation.