Drug Possession Lawyer in Toronto
Fighting to Secure the Best Possible Outcome for Our Clients’ Drug Possession Case
Societal views have come a long way regarding certain recreational intoxicants. In fact, both alcohol and marijuana were illegal to possess during various parts of Canadian history. However, this doesn’t mean that the Crown takes illegal drug activities lightly. If you’re currently facing possession charges, you might be at risk of a lengthy prison term. Even cases involving small amounts of narcotics can lead to serious consequences. You need a legal professional on your side who will advocate for your best interests. A drug possession lawyer in Toronto may be able to help.
At AR Law, our law firm knows how quickly a drug charge can derail someone’s life. Unfortunately, it doesn’t take much to be charged with such a crime. You have the right to representation by experienced defence lawyers. Contact AR Law today to schedule a free consultation and learn more about your options.
What Is Drug Possession in Canada?
While possession charges may seem straightforward on the surface, they’re actually quite complex under Canadian law. The Controlled Drugs and Substances Act defines the parameters of the crime, and these parameters are often surprising to those who find themselves charged with possessing illicit drugs. For instance, did you know that you don’t have to have actual possession to be charged with the crime? That’s because national law defines possession as one of three actions:
- Having drugs on his/her person
- Knowingly having drugs in any place or in the possession of others
- Joint possession, where the owner has consented to another possessing the drug
Clearly, the Controlled Drugs and Substances Act is wide-ranging. Unfortunately, this creates circumstances where individuals can be wrongfully accused of possessing controlled substances such as heroin, cocaine, crystal meth, and other illicit drug types. If you’ve been charged with possession of these or other narcotics, it’s important that you have experienced legal representation on your side. While the Crown Attorney may try to convince you that they’ll be lenient, the long-term consequences of conviction can prove far more costly than you imagine. Speak with a Toronto drug possession lawyer today.
What Are the Penalties for Drug Possession in Toronto?
As with other criminal offences in Canada, the penalties for drug possession can vary significantly based on the circumstances of your case. A criminal defence lawyer can help you better understand the potential penalties in your case. However, understanding all possible sentences will give you a better idea of how seriously the Crown takes these charges. The biggest element that will have an effect on potential punishments is whether drug possession charges are brought as a summary conviction or indictment. An indictment is similar to felony charges in America, so the consequences can be far more serious.
The type of drug a person is accused of possessing can also play a significant role. For instance, possession of heroin, cocaine, or morphine (i.e., Schedule I drugs) can result in a prison term of up to seven years. If you’re charged with possessing “magic mushrooms” or crystal meth (i.e., Schedule III drugs), though, possible prison sentences only go up to three years. However, keep in mind that these are maximum sentences. A person may only face probation and fines if convicted, but it might be difficult to secure such an outcome on your own. That’s why it’s wise to speak with a drug possession lawyer in Toronto before making any major decisions.
To put it simply, there are many factors that could affect the penalties a person faces for a possession conviction. The Controlled Drugs and Substances Act makes it clear that Canada does not take such allegations lightly, but it’s impossible to predict possible outcomes without an in-depth review of your case. However, the Crown Attorney will most likely tell you that a plea deal is in your best interest — particularly if this is your first criminal charge. While they may be correct in that assumption, remember that there’s always time to take a plea deal later. For now, focus on letting a legal professional seek the best possible outcome.
Can You Get a Possession Charge for Marijuana in Canada?
Although marijuana usage has been legalized in Canada, you may be surprised to learn that you can still face a drug possession charge by having cannabis on your person. That’s because recent laws only legalized possessing a certain amount of the drug. In fact, you can be charged with a Schedule VII or Schedule VIII violation if police arrest you with certain weights on your person. You’re only legally able to possess up to 30 grams of dried marijuana — or its equivalent (e.g., one plant seed, 15 grams of edibles) — before facing criminal charges.
Whether you’re accused of possessing fentanyl and other hard drugs or simply having too much cannabis, you should speak with a drug possession lawyer in Toronto to ensure your best interests are represented.
Could You Be Charged With Drug Trafficking?
Facing a possession charge under the Controlled Drugs and Substances Act is a serious situation. However, things can actually get much worse if the Crown Attorney decides to charge you with trafficking. The law says that a person commits the crime of trafficking when they “sell, administer, give, transfer, transport, send or deliver [drugs], to sell an authorization to obtain the substance, or to offer to do anything mentioned [above]” in regard to the narcotic in question. Clearly, there’s nothing about the exchange of money mentioned. That means that no cash needs to change hands for a charge to be upheld.
The Crown can accuse a person of trafficking based on a variety of circumstances. For instance, they may claim that possession of a large amount of cocaine is evidence of intent to traffic. They may also argue that giving fentanyl or other narcotics to friends meets the legal definition of the crime. If you’re facing trafficking charges, you could be imprisoned for life. Clearly, the stakes couldn’t be any higher. You need a drug possession lawyer in Toronto on your side who may be able to have charges reduced or dropped altogether — and who will represent you in court if dismissal isn’t possible.
Is It Possible to Avoid a Criminal Record for Drug Charges?
One of the first questions people ask when facing drug possession charges is whether they can avoid a criminal record. In some cases, the answer is a straightforward “yes.” After all, there will be no criminal record to speak of if your defence lawyer is able to have charges dropped or secure a “not guilty” verdict on your behalf. Unfortunately, this will not always be possible. There are times when the Crown will have clear evidence against a defendant. However, it’s possible to avoid a criminal record even in these circumstances.
That’s because your lawyer may be able to seek a discharge on your behalf. These can be absolute or conditional — with no strings attached to the former. Contact our law firm today to schedule a free consultation. AR Law can help you better understand if discharge is a possibility.
What Are Possible Defences for Drug Possession Charges?
There are several defences to the drug possession charges a person is facing. For instance, did the police conduct an illegal search or violate the person’s rights in some other way? If so, it may be possible to have charges thrown out entirely. Of course, it’s typically the case that police officers do everything by the book — at least that’s how it’s described in their reports.
Even if your rights were not violated during a search or arrest, though, it’s still possible to mount a solid defence. The Crown Attorney must prove that you had knowledge of what was in your possession and the intent to control the substance. If they’re unable to prove either of these elements, then they likely don’t have a solid case. In such a situation, an experienced drug possession lawyer in Toronto may be able to secure a beneficial outcome — up to full dismissal of charges — on your behalf.
Contact a Drug Possession Lawyer in Toronto Today
Drug deaths have surged in Canada over the past few years, so the Crown has a vested interest in reducing narcotics usage rates. However, good people far too often get caught up in this endeavour. Even simple drug possession can result in serious consequences — sometimes before a person is ever convicted. After all, plenty of Canadians have been denied bail on drug charges only to later be found not guilty. Even if you feel you are culpable for a crime, though, it doesn’t mean you’re not entitled to a strong defence. It’s the job of the Crown Attorney to prove you’re guilty, and if they can’t do that, you shouldn’t be convicted.
At AR Law, our law firm is committed to securing the best possible outcome for each of our clients. In some drug cases, this may result in having all charges dropped or discharged. For serious drug offences where the Crown’s evidence is solid, it could mean getting charges reduced or negotiating a fair plea deal. Every case involving an illicit substance is different, and mere grams can often mean the difference between prison and probation. You deserve an experienced drug possession lawyer in Toronto on your side, and that’s what our law firm offers. Contact us by calling (647) 503-5251 to schedule a free consultation. We’re here to help.