How a Toronto Drug Lawyer Can Defend Against Possession Charges (Including Possession for the Purpose of Trafficking)

Facing possession charges can be daunting. With potentially severe legal consequences, including fines, jail time and a criminal record, it’s essential to have a robust defence strategy. Skilled Toronto drug lawyer, Robb MacDonald, can help you navigate these challenges and build a solid case to defend your rights.

Understanding Drug Possession Charges in Toronto

Drug possession charges are laid when law enforcement believes that an individual has a controlled substance in their possession. Possession may include drugs found on the person, in their vehicle or on property under their control. These charges can involve illicit drugs like cocaine, heroin and methamphetamine, or even prescription drugs when obtained without a valid prescription.

The Controlled Drugs and Substances Act governs all drug-related offences in Canada.  If an individual is caught with drugs that exceed amounts consistent with “personal use”, police may lay the more serious charge – “possession for the purpose of trafficking.”  This can arise even in situations where there is no direct evidence that the defendant trafficked, sold or transported drugs; quantity alone can lead to the increased severity of the charge. 

The penalties for drug possession vary depending on the substance and the amount, but they can be severe. Convictions often result in fines, imprisonment and a permanent criminal record. However, with the help of an experienced Toronto drug lawyer, you can fight back against these charges and potentially avoid a conviction.

Key Legal Defence Strategies for Possession Charges

Robb MacDonald employs several legal defence strategies to challenge drug possession charges. These strategies are based on the specifics of each case and the circumstances surrounding the alleged offence. Here are a few of the most common legal defences:

1. Unlawful Search and Seizure
   One of the most powerful defence strategies against possession charges is challenging how the evidence was obtained. The Canadian Charter of Rights and Freedoms protects individuals from unreasonable search and seizure. If the police obtained drugs absent reasonable grounds to conduct a search or a valid, evidence collected during the search could be deemed inadmissible in court.Robb MacDonald carefully examines the circumstances of each case to determine whether the police violated your Charter rights. If the search was conducted illegally, a court may exclude the evidence or dismiss the charges. 
2. Lack of Knowledge or Control
   In order to secure a conviction, the prosecution must prove that you knowingly had control over the drugs. Simply being near drugs or in a situation where drugs are present is not enough to warrant a conviction.  If you were unaware of the presence of drugs or had no control over them, you should fight for an acquittal at trial. A finding of “not guilty” will leave you without penalty and will avoid a criminal record.
3. Challenging the Chain of Custody
   In drug possession cases, the prosecution must maintain a clear and accurate chain of custody for the evidence. If there is any discrepancy or break in this chain, it may create doubt about the integrity of the evidence. An experienced Toronto drug lawyer will scrutinize the evidence-handling process to ensure that the chain of custody is properly maintained. If it wasn’t, the evidence might be deemed unreliable or inadmissible, leading to the possibility of charges being dropped.
4. Entrapment
   Entrapment occurs when law enforcement officers induce a person to commit a crime they otherwise would not have committed. This defence can be used if the police set up a situation where you were unfairly pressured or manipulated into possessing drugs.  This is a very complicated and rare defence. Robb MacDonald thoroughly investigates whether there was any police misconduct or undue pressure in your case. If entrapment is proven, it could give rise to a valid defence.

Maximize Your Defence with an Experienced Toronto Drug Lawyer

If you’re facing drug possession charges in Toronto, don’t hesitate to seek the help of a qualified Toronto drug lawyer. Robb MacDonald is ready to assess your case, provide adept legal advice and craft a defence strategy tailored to your needs.

Your future is too important to leave to chance – secure the experienced legal representation you deserve.

Call 416-315-1505 or complete our contact form for a free consultation.