Newmarket Drug Trafficking Criminal Defence Lawyers
Are you or your loved ones facing drug trafficking charges? Criminal offences violating the Controlled Drugs and Substance Act (CDSA) are subject to harsh penalties. Drug trafficking charges in Canada are particularly serious and can lead to severe consequences.
Drug trafficking involves the illegal transportation, distribution, and sale of drugs. If you face drug trafficking charges in Newmarket, it’s vital to contact a criminal lawyer. Reputable Newmarket drug trafficking lawyers at Sondhi Defence can help build robust defence strategies. We are available to provide experienced and diligent legal representation throughout the legal process.
Schedule your free consultation with qualified criminal lawyers now!
What Is Drug Trafficking in Newmarket, ON?
Section 5 of the Controlled Drugs and Substances Act defines drug trafficking as a criminal offence that involves:
- The sale, distribution, transfer, or delivery of controlled substances or illegal drugs
- Offering to sell, distribute, transfer, or deliver such drugs
- Selling authorization to obtain such drugs
The Legal Process of Drug Trafficking Charges
The legal process of drug trafficking charges goes as follows:
Investigation The police investigate drug trafficking activities and gather evidence to support the charges.
Arrest: Once the police gather sufficient evidence, they arrest persons suspected of drug trafficking.
Charges: The accused person is charged with drug trafficking under CDSA. The drug charges vary depending on drug type and amount.
Bail hearing: The suspect attends a bail hearing before a judge to determine whether they can be released pending their court date.
Disclosure: The prosecution provides you and your defence lawyer with evidence against you. The evidence may include witness statements, police reports, or other relevant information.
Pre-trial hearings: Several hearings, including motion hearings and discovery, are held at the request of either party. Both parties will engage in negotiations and exchange evidence.
Trial: The criminal case goes to trial if a plea deal can’t be reached. The public prosecution service presents its evidence and witnesses. Then, the defence lawyer cross-examines them. The defendant is also given a chance to present their evidence and witnesses. The crown/ prosecutor needs to prove:
- The defendant was found in possession of an illegal substance.
- The drug is categorized as a controlled substance under the CDSA.
- The accused knew of the nature of the substance.
- The possession of the substance was not authorized.
- The accused intended to traffic the substance.
Sentencing: If the suspect is found guilty, the judge determines the sentence. Upon sentencing, the defendant can face:
- Community service, or
Schedules of Controlled Substances
Drug trafficking charges vary in severity based primarily on the drug involved. Controlled substances are classified as follows:
- Schedule I, such as heroin and cocaine
- Schedule II, including synthetic cannabinoid receptor 1 agonists and their derivatives
- Schedule III, including Amphetamines, LSD, and hallucinogens
- Schedule IV, including popular pharmaceuticals like diazepam, benzodiazepines, and anabolic steroids
Penalties for Drug Trafficking
Drug trafficking penalties are found in section 5(3) of CDSA. Trafficking Schedule I and Schedule II drugs can carry a maximum penalty of life imprisonment. Individuals trafficking Schedule III and V drugs can face up to ten years in prison, whereas trafficking Schedule IV drugs can lead to a maximum of 3 years in prison. Fines and restitution may also be part of the sentence.
The length of a prison sentence increases if there are aggravating factors, including:
- Use of Weapons
- Use of violence, including sexual assault, domestic assault and aggravated assault
- An offence involving an underage person
- An offence committed in or near school
Drug trafficking defendants can be ordered to probation or community service instead of incarceration if charged with a summary offence. However, having a criminal record can lead to several long-term consequences.
Possible Defences Against Drug Trafficking
A Newmarket criminal lawyer may be able to use various defences to challenge your drug trafficking criminal charges, including:
- Unlawful search or seizure: When police conduct illegal searches, evidence obtained may be excluded from trial. Excluding primary evidence weakens the case against you.
- Insufficient evidence: The prosecutor bears the burden of proof to prove beyond a reasonable doubt. They need to show that the defendant was involved in trafficking. The drug trafficking lawyer can argue that the prosecution hasn’t met the burden of proof.
- Entrapment: Individuals induced by law enforcement to commit the offence can argue that they were entrapped.
- Lack of reasonable suspicion or probable cause: Your defence lawyer can show that the police didn’t have probable cause to support the arrest or search.
Importance of Legal Representation in Newmarket Drug Trafficking Cases
Drug trafficking charges are severe and can put your life at stake. You can’t afford to take chances when dealing with such crimes. You need the help of criminal offences lawyers to fight these charges.
Legal representation is crucial in helping individuals facing drug charges in Canada. An experienced drug lawyer can help you avoid a conviction or harsh penalties. They explore all legal options and advocate for the best possible outcomes.
Drug trafficking lawyers are prepared to fight for your rights at every step of the process. They understand criminal law and the regulations that apply to your criminal charge.
Drug trafficking charges are complex and require experienced defence lawyers. A Newmarket criminal defence lawyer will work to exclude inadmissible evidence, find favourable evidence to support your case and protect your rights.
An experienced criminal lawyer from Sondhi Defence can make a difference in your case. We have years of experience handling cases of drug trafficking and other drug offences.
Get Immediate Assistance From Sondhi Defence
Drug trafficking is a serious criminal offence that requires legal representation by skilled defence counsel. If you’re accused of trafficking controlled substances, don’t hesitate to contact Sondhi Defence. Our defence lawyers are committed to helping you get a favourable resolution for your drug trafficking case.
Our Newmarket criminal lawyers can help you navigate the criminal justice system. We vigorously pursue drug charges to protect your rights and reputation. Contact our law firm to schedule a free case evaluation.
Get In Touch
If you or someone you know has been charged with a criminal offence, call us right away at 1 (855) 4-SONDHI and get our team on your side.