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Knowledge

Drug Possession Cases in Ontario: What to Do if You're a Defendant

January 2023

If you have been charged with drug possession, it can be a stressful and overwhelming experience. It's essential to understand your rights and the legal process, and to have a strong defence to protect your freedom and future. In this article, written by the experienced criminal law firm Titan Defence, we will guide you through the steps you should take if you find yourself a defendant in a drug possession case. From understanding the charges against you, to building a defence strategy, this article will provide you with the information you need to navigate the legal system with confidence. Whether you are facing a first-time offense or have a prior criminal record, we will help you understand the potential consequences and provide you with the guidance you need to protect your rights and freedom.

What to do if you are arrested for drug possession

If you are under arrest for drug possession, the first thing you should do is remain calm and cooperate with the authorities. It is important to remember that you have the right to remain silent and to speak to a lawyer. 

Next:

  1. Contact a criminal defence lawyer: Contact a criminal defence lawyer as soon as possible after your arrest. A lawyer can provide you with legal advice, explain your rights, and represent you in court. They can also help you understand the charges against you and the potential consequences of a conviction.
  1. Gather evidence and information: Gather any evidence or information that may be helpful to your defence. This can include witness statements, documentation, or any other relevant information. This will help your lawyer to build a strong defence on your behalf.
  1. Be honest with your lawyer: Be honest with your lawyer about the events leading up to your arrest and any previous criminal history. This will help them to provide you with the best possible defence.

The Importance of remaining silent when arrested for drug possession

When you are arrested in Ontario, it is important to remain silent until you have spoken with a lawyer because anything you say to the police can be used as evidence against you in court. This includes statements you make while in custody, as well as any statements made during a police interrogation. Even if you believe that what you have to say will clear your name, it is best to speak with a lawyer first, as they can advise you on the best course of action and how to protect your rights.

Additionally, remaining silent allows you to avoid potentially incriminating yourself. Police officers are trained to ask questions in a way that can elicit incriminating responses, and without the guidance of a lawyer, you may unknowingly say something that can be used against you in court. A lawyer can help you understand the charges against you and the potential consequences of a conviction and also help you navigate the legal system and build a defence strategy to protect your rights and freedom.

Next steps your lawyer will take in a drug possession case

After you have been arrested in Ontario for drug possession and you have spoken with a lawyer, the lawyer will likely take the following steps to defend you:

  1. Review the evidence: The lawyer will review the evidence that the prosecution has against you, including any statements you made, any physical evidence such as drugs found, and any witness statements.
  1. Advise you on your rights: The lawyer will advise you on your rights, including your right to remain silent, your right to a fair trial, and your right to appeal.
  1. Prepare your defence: Based on the evidence and the charges against you, the lawyer will prepare a defence strategy. This may include challenging the legality of the search and seizure, arguing that you did not have knowledge of the drugs, or arguing that the drugs were not yours.
  2. Represent you in court: The lawyer will represent you in court, making arguments on your behalf, cross-examining witnesses, and presenting evidence in your defence.
  3. Negotiate a plea bargain: If appropriate, the lawyer may negotiate a plea bargain with the prosecution to reduce the charges or the penalties against you.
  4. Prepare for appeal: If you are convicted, your lawyer will discuss the possibility of appeal, and help you prepare the necessary documents and evidence to appeal.

It's important to keep in mind that each case is unique and the steps that a lawyer will take may vary depending on the specific circumstances of your case.

The importance of a lawyer with experience in drug possession

Retaining a lawyer with experience in handling drug-related cases is essential when facing charges related to illegal substances. Our experienced lawyers will have a deep understanding of the laws and regulations surrounding they offenses, as well as the possible defences and strategies that can be used to fight the charges. They will also have knowledge of the court system and the procedures that are used in these types of cases, which will be invaluable in navigating the legal process. 

How Titan Defence can Help Fight Drug Possession Charges

One of the ways the lawyers at Titan Defence fight charges is by determining if the rights of citizens as outlined in the Canadian Charter of Rights and Freedoms were disregarded during the arrest. For example, we will review the circumstatnce to determine if the police did not had a lawful reason to stop, detain, or search the individual, or if the police didn't have a valid warrant to search the individual or their property.

The lawyers at Titan Defence have the experience and knowledge to identify and challenge any violations of the Canadian Charter of Rights and Freedoms. We use this expertise to build a robust defence for their clients. We are well-versed in the legal principles and court precedents related to search and seizure laws and will work to ensure that their clients' rights are protected throughout the legal process.

Contact Titan Defence Today

If you or a loved one are facing drug possession charges in Toronto, it's important to take immediate action and seek experienced legal representation. At Titan Defence, our mission is to uphold the pillars of justice by providing top criminal defence lawyers to our clients. Our experienced team of lawyers understands the serious nature of drug possession charges and is dedicated to providing the strong defence that you need to protect your rights and freedom. We will work tirelessly to challenge any violations of the Canadian Charter of Rights and Freedoms and build a strong case for you. Trust us to defend you, and your rights, and fight for justice.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.