Initial Arrest
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.
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 780-686-7948 for assistance.
Release Conditions
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
What You Can Expect
Drug trafficking is a serious offence. It is important to call us right away at 780-686-7948 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. Mr. Rory Ziv 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.
Sentencing
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.
