Take a deep breath. We’re here to help! If you are facing a criminal charge relating to drug use, possession, trafficking, production or importing/exporting, don’t panic. Whether you are innocent or guilty, it’s best to get in touch with an affordable Newmarket criminal defence lawyer.
At Semyonov Law, our main goal is to get you the justice you deserve, so that you can retain your quality of life beyond the charge. Our team introduces a wealth of experience to your case, working around the clock to gather evidence and present a strong front against the prosecution.
To us, you aren’t just another file number. We work with you tirelessly to sort out your concerns and get you the best possible outcome in court.
Is it better to hire a private lawyer or a public defender? The main benefit of hiring a private lawyer is that, if they do a shoddy job on your case, their business takes a hit. Whereas, public defenders take on as many cases as possible, paying little heed to the outcomes.
Private lawyers do tend to charge more by the hour. However, what you pay for now, you get back tenfold by way of quality legal representation that safeguards your personal and professional future.
What Constitutes a Drug Charge?
The Controlled Drugs and Substances Act lists a number of different substances that are banned including opium, heroin, cocaine, oxycodone, morphine, methadone and PCP. Some substances are totally banned, whereas others can be legitimately made available under certain circumstances such as a doctor’s prescription.
Possession With Intent to Use
This refers to the circumstance where the prohibited drug (listed in the Act) was on your person or in your immediate vicinity and you had an intent to personally consume it. The officer checks for the following;
- There was physical custody of the prohibited drug
- The person was aware that they physically possessed the prohibited drug
- The person intended to possess the drug
You may also face a drug charge if you knew a friend, for example, had custody of a prohibited substance. This is referred to as constructive possession due to the fact that you had knowledge about it and exercised some form of consent.
Possession With Intent to Traffic
This refers to a circumstance where you intended to distribute illegal drugs (listed in the Act). The evidence to distribute is circumstantial and determining intent usually involves there being an attempt to sell to an officer or evidence acquired from buyers that can be used as direct evidence of intent.
Of course, the defendant need not actually have sold anything to be charged with possession with intent to sell. Even if the person intended or planned to distribute the drug for free, the charge still stands so long as the prosecutor can convince the court that the mental intention existed.
For instance, the police may find, in your custody, plastic bags or weight scales that are typically connected with the distribution of drugs.
The penalties of possessing a controlled substance are quite serious and vary based on the type of drug in question. Possession of a “soft” drug-like cannabis (up to 30 grams) is a summary conviction and carries a jail sentence of 6 months or a $1,000 fine – in some cases, both. A second offence could result in 1-year imprisonment and a $2,000 fine.
Possession of amphetamines, LSD and mescaline are indictable offences and carry larger maximum penalties, namely 3 years behind bars. Possession of heroin or cocaine comes with a maximum penalty of 7 years on an indictable prosecution.
Penalties for trafficking a drug are severe and vary based on the drug amount and type. These can include 18 months behind bars and a $2,000 fine or both. Life imprisonment is also a possibility.
Benefits of Contacting a Lawyer
There are several benefits of contacting a trusted drug lawyer in Newmarket as soon as the charges are levied against you. Your lawyer;
- strengthens your case by gathering crucial evidence and prepares you for the prosecutor’s questioning
- possesses the legal knowledge and expertise needed to navigate you through the ins and outs of our complex legal system
- ensures your rights are well protected; by using an in-depth education in law, they exert any means possible to protect you from heavy penalties
- speeds up the process so that you can regain your freedom and peace of mind
- takes care of the paperwork and makes sure there are no errors when filing it
- provides technical and emotional support when you find you cannot confide in anyone else
Time is of the essence! If you are facing a drug charge, contact Semyonov Law as soon as possible. Rest assured, you will receive affordable, experienced and reliable legal intervention from our team.
Our priority is to get you the justice you deserve. Call us at (647) 292-3377 to improve your chances of winning the case.