Drug Possession & Trafficking
Drug Defence Lawyer in Vancouver BC
Are you under investigation for a drug offence?
Drug-related charges are serious offences and can impact your daily life and liberty. If you or a loved one is under investigation for a drug offence, contact us today.
Vayeghan Litigation is a Vancouver drug defence law firm that takes pride in its record of successfully defending against high-stakes drug possession and trafficking charges.
Have you been charged for the first time? Call us at 778-653-3995 immediately. Drug cases are complex and sentencing can sometimes be different for first-time offenders.
Here’s what you need to know about various drug offences, penalties, and the multiple stages of proceedings at which we can put forward a strong case for a “No Criminal Record, No Jail” result.
Types of Drug Offences
Many drug charges in Vancouver relate to the possession and trafficking of fentanyl, heroin, MDMA, and cocaine. On certain occasions, we have seen other drugs such as magic mushrooms, GHB, ketamine, and LSD.
Drug charges can be of different kinds. Possession with an intent to sell, give, or distribute, and trafficking are the most common charges in Metro Vancouver. Producing or importing / exporting drugs in and out of Canada are also criminal offences and can result in a charge.
An important point to note here is that drug ‘possession’ is a highly technical term according to the law. Here’s what ‘possession’ means according to the law.
What is Drug Possession?
Drug possession, according to the law, requires proof that:
- the substance is known by the accused person to be an illegal drug, and
- that the accused person had control of the substance.
This can present several scenarios where while the drug is found on the accused person, it may not be in the person’s possession, from a legal sense. If you believe this applies to your case, give us a call at 778-653-3995.
You may be charged with drug possession if you have someone else’s drugs on you and you know it, or if the drugs are at your home with your knowledge.
That said, when the police seizes drugs from you, we explore the possibility that they may not have done so following the correct procedure. Here’s why this could get your drug charges dismissed.
What Is an Illegal Search?
In Canada, an illegal search in the context of police drug investigations is a serious breach of Section 8 of the Canadian Charter of Rights and Freedoms, which safeguards individuals from unreasonable search and seizure. To conduct a lawful search, police must typically secure a warrant by presenting evidence that establishes probable cause. Any search executed without a warrant or beyond the parameters set by a warrant can be deemed illegal, particularly if it lacks urgent circumstances that justify a warrantless action.
When an arrest is made without reasonable grounds, it is considered an unlawful arrest, violating the rights protected under Section 9 of the Charter. This protects the liberty of individuals and ensures that police power is exercised judiciously.
Furthermore, the unlawful search of phones during a drug investigation is an increasingly contentious issue, as it intersects with the right to privacy in the digital realm. Phones often contain vast amounts of personal information, and a warrantless search of this device can be an intrusive violation of privacy. The Supreme Court of Canada has ruled that police require specific authorization to search a phone, considering the depth of personal data stored on such devices.
Any evidence obtained through unlawful search or arrest can be excluded from trial under Section 24(2) of the Charter, which mandates that the court must consider the gravity of the Charter infringement and its impact on the public’s confidence in the justice system. This principle reinforces the necessity for lawful police conduct to maintain the integrity of the legal process and uphold individual rights.
At Vayeghan Litigation, we do a thorough review of Crown and police documents and evidence to see if your Charter rights have been violated. If we find that the search may have been illegal, we put forward a pre-trial application.
We have extensive experience in arguing Charter rights from both sides; the Firm’s founder, Mo Vayeghan, is a former B.C. Crown Prosecutor. Exclusion of powerful evidence will, in most cases, significantly weaken the Crown’s case, making it difficult for the Crown to reasonably pursue a trial.
Penalties for Drug Offenses
Punishments for drug charges are outlined in the Controlled Drugs and Substances Act (CDSA). When the Court is determining the length and type of sentence for a drug offence, it takes into account the type and quantity of drug, the purpose of possession, prior records, etc.
Certain drug offences such as trafficking, possession for the purpose of trafficking, drug production and trade can carry maximum penalties of life imprisonment. Schedule 1 narcotics-related cases carry the highest penalties.
On the other hand, for simple, ‘soft’ drug cases where there are compelling circumstances, such as first-time offenders being caught in a bad situation, it may be possible to get a ‘no jail’ result.
To understand what you can expect from your drug charges, Vayeghan Litigation can provide you with specific answers. Mo Vayeghan, our Firm’s founder, will use his background as a former Crown Prosecutor and experience as a leading Vancouver criminal defence lawyer to get you the best result possible.
Free Consultation
A drug offence conviction can lead to expensive fines, long periods of imprisonment, and a criminal record for the rest of your life. It is important to find a defence lawyer with a proven track record and someone you can rely on.
To understand how best to proceed with your drug offence charges, call us today at 778-653-3995 to set up a free consultation.