Trafficking is often understood as the sale of a controlled substance for profit although it includes any kind of sharing. Examples include attempting to sell a controlled substance to a police officer or giving drugs to your friends to store for you. You can also be charged if you sell a substance as a controlled substance, even if it is not; such as selling powdered sugar while claiming it is cocaine.
The offence of drug trafficking is taken very seriously within the Canadian justice system. If you have been charged with trafficking, it is important to call us at (780) 429-4004.
If you have been charged with drug trafficking, the “schedule” of the alleged substance you are alleged to have been trafficking will affect whether you are held in police custody or released with an Appearance Notice.
If you have been charged with a Schedule III or IV substance, such as “magic mushrooms” or anabolic steroids, you may be released with an Appearance Notice. If you have been charged with trafficking a Schedule I or II substance, such as cocaine or methamphetamines, you will be held in police custody and brought before a judge or justice for a Bail Hearing.
Depending on the type of drug you are alleged to have trafficked, you may be subject to what is known as “Reverse Onus Bail”. Normally, it is the burden of the Crown Prosecutor to prove why you should not be given Bail. In Reverse Onus situations, it is instead the burden of the accused to convince the court that you should be granted bail. If you have a family member or loved one in police custody, you can call us at (780) 429-4004 for assistance.
If you are released from police custody, you will likely be required to follow certain conditions. Common conditions include not possessing non-prescribed drugs, not attending a certain address (such as where the alleged offence occurred) and refraining from contacting witnesses or other co-accused.
Due to the nature of drug trafficking, you may be subject to additional conditions such as not possessing a cell phone, house arrest or curfew.
If you do not follow the conditions, you will likely face additional charges that must be defended in Court.
It is very important that you keep all documents that the police give to you as they contain important information. These papers will tell you exactly what you have been charged with, and when and where your first court date is.
Drug trafficking is a serious offence. It is important to call us right away at (780) 429-4004 if you have been charged. Defending a drug trafficking charge can be complicated and may include constitutional challenges. While police have many powers, even without a warrant, including limited powers to search, you also have rights protected by the Canadian Charter of Rights and Freedoms.
Facing a drug trafficking offence can be frightening and extremely challenging without assistance. Ziv Law Group will assess the case against you and will work with you to obtain the best possible result, whether that is a reduction at sentencing if convicted, a withdrawal of the charge, or even a full acquittal at trial.
Drug offences often result from police searches, such as a pat-down during arrest or a search of your vehicle. While police officers do have limited powers of search, you also have rights protected by the Canadian Charter of Rights and Freedoms.
If your rights have been violated, Ziv Law Group will work with you to get the appropriate remedy for this violation, which may include having the charges against you dismissed.
Sentencing is unique, and takes into a number of factors, including your whether you have a record and what substance you possessed. With that said, jail time is extremely common.
Drug trafficking charges are aggressively prosecuted and often carry serious jail time. You need a lawyer who understands the stakes and will protect your future. Contact Ziv Law Group for a strategic defence plan.
