R. v. P.N. [2009] – Client charge with Possession for the Purpose and Trafficking in crack cocaine – client had 5 page criminal history dating back 20 years – successfully argue police conduct may have resulted in entrapment – following my submissions judge imposes SUSPENDED SENTENCE AND PROBATION
Charges Defended > Drugs
Under the Controlled Drugs and Substances Act, there are various criminal charges that can arise from the possession or trafficking in drugs and controlled substances. The level of severity of a drug charge is based on many different factors including the quantity and type of drug, and the alleged intended purpose of its use.
Drug charges can include the possession, trafficking, and production of narcotics such as cocaine, morphine, or methamphetamines, conspiracy charges, and marijuana offenses. While the potential penalties range and vary for the less serious charge of simple possession to the more serious charges involving trafficking and possession for the purpose of trafficking, the potential consequences of a conviction for drug offenses can be significant. A criminal record for a drug offense can affect your ability to obtain a job, travel, and potentially result in incarceration.
If you have been arrested on a drug charge, know that you may have some valid defenses available to you. For example, under Section 8 of the Charter, you have the right to be secure against unreasonable search and seizure. The question of the reasonableness of a search is one that comes up often in drug cases. In addition to charter issues involving search and seizure, other strong defenses for drug charges can involve issues relating to the validity of search warrants, witnesses, and wiretap authorizations. If you are being questioned by the police, know that what you say may likely be used to build a case against you. If you have already been charged with a drug offense, think about the consequences before you plead guilty. The consequences of a criminal record are significant. Know your rights. Call a Toronto lawyer defending drug charges at (416) 877-LAW1 (5291) for a free consultation.
Recent Drug Charges Cases:
Car Stop Drug Charges Withdrawn
R. v. B.D. [2010] – My client, a university student was charged with Possession of Controlled Substance in relation to a traffic stop – During negotiations with the Crown, I successfully argued that police conduct violated my client’s constitutional rights during the arrest – CHARGES WITHDRAWN and NO CRIMINAL RECORD
Mischief, Drug Possession, and Theft Charges Withdrawn
R. v. L.A. [2010] – Client charged with Drug Possession, Mischief relating to damage to property, and Theft Under $5000 stemming from alcohol induced outburst with several eyewitnesses – No prior criminal history – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
House Arrest and Weekends for Grow-Up
R. v. M.R. [2011] – Client charge with Production, Possession for the Purpose and Trafficking in marijuana – Following a several month police investigation, a warrant was obtained for my Client’s property where Police seized over 500 plants valued at several hundred thousand dollars in various stages of growth. Client had significant criminal history including prior convictions for drug-related offenses. Crown’s original position was a significant amount of jail time. Following discussions with the Crown lasting almost 9 months, the sentencing judge agreed with the Crown and my joint position for a combined Conditional Sentence (house arrest) and Intermittent Sentence (weekends). The house arrest had exceptions for work so my Client was able to keep his job. CONDITIONAL SENTENCE – INTERMITTENT SENTENCE
Charges Withdrawn for Substantial Marijuana Seizure
R. v. W.M. [2009] – Client charged with Possession of Controlled Substance – police seize close to a kilogram of marijuana following a tip from a co-tenant – argued during discussions with the Crown that police conduct violated client’s constitutional rights – client completes community service – CHARGES WITHDRAWN AND NO CRIMINAL RECORD