Toronto Drug Lawyer
Introduction
If you’ve been charged with a drug crime in Toronto, you are probably searching for a Toronto Drug Lawyer to assist with your defence. In this article, some key insights are shared regarding hiring a Toronto Drug Lawyer and defending Drug Charges in general.
How Much Does a Toronto Drug Lawyer Cost?
A Toronto Drug Lawyer’s cost will vary according to a number of factors, including:
- Number of years of experience
- Expertise in the area of Drug Law
- Size of firm / practice
Some Toronto Drug Lawyers will accept Legal Aid, which means that the government will pay their legal fees if you qualify for it. Others who do not accept Aid will either bill clients on an hourly basis or using a flat fee structure. Hourly rates can range from $250 – $850 an hour. Flat fees can begin around $2,500 for a very simple Drug Charge, and extend up to $50,000 or more for complicated cases.
What Types of Drug Charges Are there?
Drug related offences are located, for the most part, in the Controlled Drugs and Substances Act. The main categories of Drug Crimes in Canada include:
- Possession and possession for the purpose of trafficking
- Production
- Importing
- Trafficking
What are the Potential Penalties for Drug Charges in Toronto?
There are a wide range of punishments for drug charges. The following factors would influence the severity of the case:
- The type of drug or substance at issue (with Schedule 1 substances triggering the most serious penalties)
- The quantity of drug or substance (the higher the quantity, the stiffer the penalties and sentences)
- Whether the drug was possessed for personal consumption or whether it was possessed for a commercial enterprise (the latter scenario leading to more stringent punishments)
- The accused’s criminal history, if any (the lengthier one’s criminal record, the higher the punishment)
- The existence of aggravating features, which are factors that tend to increase punishment severity (such as the involvement of children; the risk of the drug to health if it’s being sold, the location of a commercial enterprise and proximity to residential areas, etc)
Can You Go to Jail for a First Drug Offence
Yes- jail is always a possibility in drug crimes. A Toronto Drug Lawyer will be able to assess your case and advise you on the possible “punishment range” that would be applicable to your specific situation. While jail sentences for first time offenders are used as a last resort, given the applicable principle of “restraint” that must be followed by a Judge at sentencing, the law stipulates that certain types of drug crimes warrant jail sentences.
Jail sentences for first time offenders could be imposed where:
- The offence involves a schedule 1 substance
- The offence involves a commercial purpose (selling, importing, producing)
- The quantity of the substance is significant
- There are aggravating features to the offence
What are Potential Defences to Drug Offences
A Toronto Drug Lawyer will have a number of angles to review your case with and assess whether you have legal defences available, or strategies to help you out of your situation.
A brief overview of these strategies would include:
- Challenging whether the Crown can prove that you had knowledge or control of the substance if you are charged with possessing it
- Challenging the legality of the police search that uncovered the drugs if it was done without warrant
- Challenging the legality of the warrant in search warrant cases
- Challenging whether the Crown has proven that the substance in question is illicit
Andrew Captan – Toronto Drug Lawyer
For more information about your Drug Charge in Toronto, call Andrew Captan -Toronto Drug Lawyer today for a free case review at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.
He brings over 13 years of criminal defence experience, with an honest and practical approach to your defence that keeps you involved and up to date at all steps.
