Drug Charge Defence Lawyer Mississauga, ON
Possession Of Cocaine | Possession Of Heroin | Possession Of Marijuana
Drug offences are governed by the Controlled Drugs and Substances Act (CDSA). These type of drug related charges can vary from possession of a substance, obtaining a substance, importing and exporting substances, production of a substance, trafficking a substance; etc.
Possession of Substance is codified in section 4 of the CDSA and reads:
4(1) Except as authorized under the regulations, no person shall possess a substance included in Schedule I, II or III.
This is treated as a hybrid offence. This means that the prosecution has discretion whether to proceed with the charge summarily or by indictment depending on the facts of the criminal case. The severity of the punishment depends on many factors including what type of substance was in possession of the accused.
Trafficking in Substance is codified in section 5 of the CDSA and reads:
5 (1) No person shall traffic in a substance included in Schedule I, II, III, IV or V or in any substance represented or held out by that person to be such a substance.
Possession for the purpose of trafficking
(2) No person shall, for the purpose of trafficking, possess a substance included in Schedule I, II, III, IV or V.
Punishment for this type of trafficking offence is referenced in section 5(3) of the CDSA and can vary on many factors including the type of substance. According to the CDSA if a substance falls under schedule I or II, it is a straight indictable offence. Indictment proceeding is treated more severely, and the accused can elect a mode of trial whether by judge alone or judge and jury. Also, according to the CDSA, If the substance is that which is in III, IV, or V, it is a hybrid offence and the crown can decide whether to proceed by indictment of summary conviction.
There are many more related drug offences in the CDSA. Drug offences involve many different elements for a drug charge to be proven. It is the duty of the crown prosecutor to proove the elements of the offence beyond a reasonable doubt. All the elements of drug charge must be met. If you are charged with a drug offence you may have a defence available depending on the facts of the case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged drug charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your consultation. As a Criminal Lawyer in Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. I also accept Legal Aid Certificates. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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