Arrested for Selling Drugs? Our Lawyers Can Help

Canada’s approach to drug laws has undergone significant changes in recent years. Simple possession of small amounts of drugs is generally viewed as a public health issue rather than a criminal one. However, those involved in drug trafficking and production are prosecuted to the fullest extent of the law. The sentencing range for drug trafficking offences in Canada varies. Each case is unique, and sentences aim to denounce and deter, with jail sentence being the norm. 

We approach every drug case with the goal of mitigating the potential consequences of a drug-related conviction. We understand what’s at stake. The only thing preventing a drug charge from turning into a drug conviction is unrelenting advocacy from experienced Montreal criminal lawyers who have dealt with many of these cases before. Our lawyers are prepared to do what is necessary to fight these charges and secure the best possible outcome for our clients.

What to Do if You Have Been Charged with a Drug Trafficking

Exercise Your Right to Remain Silent

If you have been charged with drug trafficking or possession with intent to traffic, it is crucial that you exercise your right to remain silent. You should avoid making any statements to the police.

The role of law enforcement is to collect evidence, not to act as judge or jury. The police provide information to the prosecutor to help them decide whether or not to press criminal charges. Therefore, it is imperative that you only discuss your case with your lawyer.

Start Preparing Your Defence

If you have been charged with a drug-related crime, it is crucial to act quickly and start preparing your defence while the details are still fresh in your mind.  It is generally recommended that you reflect on your version of events and take mental note of important information, such as:

  • Did the police officers have a search warrant;
  • If a warrant was not used, how the officers first came across you and at what point you were detained or arrested;
  • Were you informed of your rights by the police;
  • Were you provided with your right to counsel and right to silence by the police;
  • If a warrant was used, what time it was executed;

Consult with a Criminal Lawyer

You no doubt have many questions and are concerned about your future. You require the guidance and support of experienced criminal defence lawyers in Montreal who have repeatedly helped people like you.

Contact us today to learn how we can guide you through this challenging time. We are fully prepared to take on your case. Let’s get started!

STEP INTO OUR OFFICE

UNDERSTANDING DRUG OFFENCES AND WHAT TO EXPECT

What is the difference between drug trafficking and possession with intent to traffic?

The crime of possession is defined as having knowledge and control of a substance. In the case of possession for the purposes of trafficking, the prosecution relies on circumstantial evidence such as the quantity of drugs, their packaging, and other items found, such as scales, money, or inventory lists. Drug trafficking includes selling, transferring, and transporting any substance listed in the Controlled Drug and Substance Act. Even if you have never personally handled or seen any illegal substance, you can be charged with conspiracy to traffic if you engage in acts that further the interests of the organization.

Can I be criminally charged for growing marijuana?

The possession of small amounts of marijuana for personal use is now legal for adults in Canada. However, it is still illegal to sell marijuana unless you hold a permit. Additionally, cultivating marijuana beyond a certain number of plants is also prohibited unless you have a permit. If you have a permit to grow marijuana, you must only cultivate the number of plants allowed by your permit. It is a criminal offence to grow more marijuana than your permit allows. The possession and personal use of marijuana have essentially been transformed from a pure criminal offence to a highly regulated endeavour (whose rules are governed by the Cannabis Act).

What are the consequences of being found guilty of drug trafficking?

Sentencing for drug crimes in Canada is a highly individualized process. It depends on many factors, such as the type and quantity of drugs and whether or not this was done for the benefit of a criminal organization. Many drug-related offences carry maximum sentences of life imprisonment, making discharges and other more lenient sentences impossible. A criminal conviction for drug-related crimes can affect your current or future employment prospects and ability to travel to the United States. For those with a precarious immigration status, it could result in deportation. In addition, those convicted can expect to be required to forfeit the money earned or pay fines in lieu of forfeiture.

I’ve been charged with a drug offence. How can this file be resolved?

We begin all drug cases by thoroughly reviewing the evidence and presenting our clients with strategies that align with their primary objectives. Sometimes, this will involve drafting a Charter motion to exclude the evidence; other times, our goal will be to negotiate a sentence that allows our client to focus on rehabilitation and avoid jail. Every case and every client is unique, and no two strategies are the same. All available options will be presented and discussed to help you determine which method suits your needs. If you’re facing drug charges or have been arrested, don’t hesitate to contact us for a consultation. We have helped many people in similar situations. We are committed to doing everything we can to help you as well.

Facing criminal charges in Montreal or surrounding areas? Contact us now—we’re here to help!

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