Drug Trafficking and Trafficking of a Narcotic
What is Drug Trafficking?
Trafficking is generally defined as giving or delivering a narcotic to another person. It is not necessary for the Prosecutor to prove that profit was made or that the accused person was attempting to promote the distribution of the drug. You can be found guilty of trafficking even if you just give a drug to a friend to hold for safe keeping.
You can also be found guilty of trafficking by offering to sell a narcotic to an undercover police officer. The Prosecutor does not have to prove an actual sale.
Even if you assist a trafficker in concealing narcotics to avoid detection, you may also be liable as a party to a drug trafficking offence. The same also applies if you lend money to a friend for the purpose of buying an illegal narcotic.
What are the penalties of trafficking a narcotic?
Penalties for drug trafficking vary on the type of drug and quantity of the drug seized, whether you were working as part of a criminal organization, whether a weapon or violence was used etc. For example, the maximum term of imprisonment for trafficking cocaine is life. I can further explain the penalties you are facing.
What to do if you’re charged with Trafficking?
Since drug trafficking cases are often based on searches of the person or property, your rights under the Charter of Rights and Freedoms (Charter) are engaged. I have experience in in protecting your right against unreasonable search and seizure. This may involve having the drug evidence excluded from the Prosecutor’s case.
Overall, my job as your lawyer is make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Prosecutor for your matter – and give you the best defence at trial, or plea resolution possible. Make sure you have a lawyer that understands the law and is prepared to act for you.
You may qualify for Legal Aid: See Legal Aid Ontario Information.
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