Drug Trafficking Defence Lawyer Calgary
The Controlled Drugs and Substance Act recognizes different types of drug offences. Among them is the simple possession of a drug for recreational or personal use, the importation of a controlled substance, the production of a controlled substance, and the trafficking of a controlled substance.
Although the simple possession of an illegal drug carries relatively minor penalties, there is always the possibility, especially if the quantity of drugs involved is substantial, that the charge could increase into a more severe one of producing or trafficking drugs. If a charge is upgraded to drug trafficking due to the presence of a large number of drugs, you will potentially be facing a substantial penalty that will have an enormous impact on your life.
In addition to listing the various types of drug offences, the Act places specific drugs into one of four different categories or schedules. Most of these drugs are well-known to the general public. They are:
- Schedule I: Cocaine, Amphetamines, Ecstasy, Fentanyl;
- Schedule II: Synthetic cannabinoids, Nabilone, Parahexyl;
- Schedule III: Psilocybin, LSD, Mescaline;
- Schedule IV: Barbiturates, Benzodiazepines, Anabolic steroids.
The drugs listed in Schedules I are generally considered hard drugs. The drugs that are listed in Schedules II, III and IV are considered lower-grade drugs.
In recent years, there has been a significant increase in the number of drug trafficking arrests and convictions in Canada. Often, arrests are made through police undercover purchases, with trafficking inferred by the number of drugs that were involved. Due to the dangers that drugs pose to Canadian society, the penalties for drug trafficking, especially in large quantities, are often severe, with the possibility of long prison sentences. The police are persistent in pursuing this offence and will search a number of locations to collect incriminating evidence, including a suspect’s body, vehicles, homes or residences, and place of employment. It goes without saying that anyone arrested for drug trafficking, especially in large quantities, will need the help of a skilled lawyer.
The defence of individuals who have been charged with drug trafficking is a highly specialized area of the law. If you have been charged with drug trafficking, you will need an experienced criminal defence law firm. At the Yoav Niv law firm, we are prepared to diligently represent individuals who have been charged with trafficking or any other related drug offence. Immediately upon retention, we will use our resources to promptly investigate the details of your case so that we can begin to craft the best possible defence on your behalf. We may argue that evidence that is crucial to the Crown’s case must be excluded because it was seized in violation of your protected rights under the Charter of Rights and Freedoms. Alternatively, we may argue that the Crown cannot prove you possessed the substances in question, or that you were entrapped into committing the offence by law enforcement officers or undercover agents.
Our firm is experienced and has defended a wide variety of drug cases ranging from simple to complex. We have a proven record of success in handling such cases, utilizing our sophisticated knowledge of this specialized area of law. If we believe it will be to your benefit, we will negotiate with the Crown to see if the drug trafficking charges can be downgraded to simple possession. If your matter ultimately goes to trial, we will use our legal talents to zealously defend your rights by requiring the Crown to prove each element of a drug trafficking offence. If we can show that the Crown has failed to meet its burdens of proof, the drug trafficking charges against you will be dismissed.
How is Drug Trafficking Defined?
In simple terms, drug trafficking is the distribution, by any means, of an illegal drug or substance. This can be accomplished by transporting, transferring, selling, delivering, sending, giving or administering the illegal drug. Despite the inherent risk of being caught and prosecuted, drug trafficking is a crime that is motivated by potentially huge monetary gains. Crime is often complex and fact-intensive. Defending a client accused of drug trafficking presents many challenges for a defence lawyer and mandates hard work, intensive investigation, and thorough case preparation.
Penalties for Drug Trafficking Charges in Calgary
An individual convicted of drug trafficking faces monetary fines and prison time. The penalties for drug trafficking are substantially more severe than for simple drug possession. The ultimate sentence given depends upon several factors, including the type of drug you were trafficking, the quantity of the drug, the number of drug transactions and additional offences that the Crown is able to prove at trial, and whether you had previously been convicted of prior related crimes.
The maximum sentence for trafficking in large quantities of Schedule I and Schedule II drugs is life imprisonment. Sentences for trafficking in Schedule III or IV drugs can be up to 10 years in prison.
Sentences can be increased if certain additional factors are present such as: 1) organized crime; 2) there was a threat of the use of force or violence; 3) there was the presence of a weapon, and 4) the individual was convicted of a similar offence within the past ten years.
To obtain a conviction, the Crown must prove beyond a reasonable doubt that the individual was trafficking drugs.
When to Contact a Lawyer When Faced With Drug Trafficking Charges?
If you live in the greater Calgary area and the police have charged you with drug trafficking, you should immediately contact our firm. We will be able to guide you through the criminal justice system and speak to the Crown on your behalf. We will be able to evaluate the Crown’s case for you accurately. Plus, we will work to bar any evidence against you that was obtained illegally and attempt to produce evidence that is favourable to your case. In the event of a conviction, we will negotiate with the Crown to obtain a more lenient sentence.
Contact Yoav Niv Today
At the Yoav Niv law firm, we have a proven record of defending clients charged with drug trafficking. We possess a sophisticated command of the law and lawyering skills. Our long-standing philosophy is that every client is presumed to be innocent and has a right to the best possible defence. We will work tirelessly to have the charges against you dismissed and/ or downgraded. Get the skilled counsel and sophisticated representation that you deserve and need. schedule a free consultation to discuss your case, call 587-968-6721 or contact us online.