Drug trafficking in Canada is considered a serious criminal offense. The penalties can be very harsh depending on variables like the type and quantity of the drug, the accused person’s role, their criminal history, etc.
So, if you are accused of trafficking, you must be worried about the outcome. Hence, it’s very important for you to know how to beat drug trafficking charges Canada.
Although there are a few ways, if you want to solve the situation without the help of an attorney, there is a high chance you will make a mistake. Therefore, it will be best to seek legal advice as early as possible.
Anyway, first of all, let me tell you what drug trafficking means in Canada.
What is Drug Trafficking?
According to the Canadian Controlled Drugs and Substances Act, selling, administering, transporting, delivering, giving, sending drugs, selling authorization to obtain the drugs, or offering to do anything related to these is considered drug trafficking.
The common illegal drugs in Canada include cocaine, heroin, marijuana, LSD, crystal meth, etc.
Note that you can be convicted for any kind of sharing, even if it doesn’t involve a profit. If you have a sufficient amount of substance with you, you will be pledged guilty.
Level of Conviction
The court basically determines the level of the crime based on the crime type. They take the below action into consideration.
- Involvement in the production
- Take part in Importing or exporting
- Simple possession for oneself
- Possession for the purpose of trafficking
You will be found guilty if you take part in any of the situations mentioned above. Now, let’s see the consequences of this criminal act.
What Happens after You Get Charged with Canadian Criminal Code Drug Offenses?
The outcome of drug trafficking charges is enormous. The punishments include jail time, fines, restriction of employment, or higher studies. You may even face trouble while traveling in a foreign country for your criminal record.
However, not all offenses are considered equal. Based on the below factors, the seriousness of crimes is judged.
- Prior record of the offenders
- Their position in the drug organization
- Number of transaction
- Quantity and the type of drugs that are seized
- Whether the crime was pre-planned or not
Meanwhile, if the offender themselves are addicted, they may get sympathy from the court.
So, what happens when you are arrested with the trafficking charge? In the following section, I’ll tell you about it.
What Happens When Charged with Drug Trafficking in Canada?
After being arrested and taken to the police station, the offender will hold on to custody. Given the situation, there is a possibility that they will be released after notifying the following court visitation day. And when they appear before a judge, the court will set a trial day.
On the other hand, if the police keep you in custody, they will have 24 hours to present you before the justice of the peace for a bail hearing. The justice of the peace will decide whether you should get bail or not. They might release you under certain conditions. But if your case is very serious, the chances of getting bail are so low.
Let me remind you that this is the time when you have to contact an experienced lawyer.
Anyway, after being taken into custody, you have to deal with the Prosecutors. You know, the Crown Attorney’s Office takes part in almost all criminal offenses in Canada.
However, the Public Prosecution Service of Canada mainly prosecutes drug-related crimes. Therefore, the prosecutors are specialized and possess much more knowledge in this area.
How Prosecutors Prove the Drug Charges?
In order to prove a drug-related offense, the prosecutors have to demonstrate the below facts.
- The accused person actually had prohibited drugs
- The substance is prohibited under the CDSA
- They have already known about the drug possession rules
- They purposely possess the prohibited substances
Can Drug Trafficking Charges Be Dropped?
Drug trafficking charges can be dropped if you can prove that the charges were a mistake or result of police corruption. However, this is certainly not an easy job to do.
But if you hire professional lawyers to represent you, they can find the case’s weak points and proceed with this.
Therefore, with their help, you can easily beat a drug trafficking charge.
Okay, so how can you do it? Check the details now.
How Do You Defend Against Drug Charges?
The following facts can put you in the winning position. Take a look at them carefully.
You Should Know Your Rights
First of all, you have to learn the rights before and during arrest time to avoid future complications. For example, since you have the right to remain silent, no need to answer all the questions you are asked during the arrest.
Another important thing is, the police are not allowed to search you without a warrant or without reasonable cause to believe that you are committing an offense. If they fail to do it, there is a high chance that the court won’t consider the seized evidence.
You see, these things are so important that they can turn the table within a moment. Hence, always keep them in your mind.
Hire an Attorney As Soon As Possible
You must hire an attorney who has prior experience in drug trafficking charges immediately. And it’s best to do it right after you post bail. Otherwise, if you wait until you are indicted, that won’t bring a good result. Your attorney won’t get enough time to plan a strategy.
Gather All the Evidence
Normally, evidence gets lost or destroyed over time. So, you should work your best to gather all the evidence immediately. In case you are late to do it, there is a high chance you will lose important evidence that might prove your innocence or lessen the sentences.
On the other hand, no matter how insignificant they are, any piece of evidence can be crucial for the trial. So, after being arrested, focus on collecting as much evidence as you can. If you have a strong alibi for the crime day, contact them.
Make an Effective Strategy
After gathering all the evidence, you and your defense lawyer need to come up with a strong strategy. Before heading to the trial, your lawyer will sort all the evidence, arrange witnesses, and inform you about your plea.
During the court, the prosecutors will try to prove all the charges against you beyond any doubt. At that time, your lawyer can argue and try to raise reasonable doubt.
Create a Reasonable Doubt
If your lawyer simply can prove that you are searched illegally by the police, technically, your case will be dismissed.
Another way is to bring up the lab equipment issue. If the prosecution fails to justify that the substance found with you is actually an illegal drug, this is considered to be a great weakness from their side.
Most importantly, it’s very hard to prove that you intentionally possessed illegal substances. Even if police found drugs in your home or car, that doesn’t mean you have known their existence. Your lawyer has the advantage in this matter.
Like this, creating reasonable doubts makes it difficult for the prosecution to prove you guilty.
Request the Court to Amend the Charge
The last try you can do after finding guilty is negotiate with the charges. For example, if you were charged with drug trafficking but the court amends the charge to drug possession, your charges will be significantly reduced.
Well, this is the final try. And you need to have a strong ground as well as a good negotiator to try this one.
Anyway, these are the few points that can help you to defend against drug charges. I hope they will work for you.
Now you know how to beat drug trafficking charges Canada. You need to find the weakness in your charge and challenge it. However, to make the strategy correctly, you need the help of professionals.
You see, it’s absolutely not a good idea to go to court without a lawyer by your side, especially when it’s a serious crime like this one.
So, just seek help without delay, and don’t pay for the crime you didn’t do.