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Drug Trafficking - Kruse Law

Serious Representation For a Serious Offence

There are few offences in Canada more serious than drug trafficking. The Crown vigorously pursues drug-related cases and you can receive significant, life-altering penalties if convicted. Drug trafficking is one of the few offences for which you can be imprisoned for life. In addition to jail terms and sanctions, a conviction can result in other serious consequences, including difficulty finding employment and significant travel restrictions. If you’re an immigrant, you can be deported following a conviction. When considering the gravity of the consequences, it’s important that you have experienced legal representation if you’re facing a drug trafficking charge; it may be the only thing standing between you and a lengthy term behind bars.

The Details of Drug Trafficking

Drug trafficking is defined as selling, administrating, giving, transferring, transporting, or delivering illegal drugs to another party. In Canada, it is a crime to traffic in any drug that is prohibited by the Controlled Drugs And Substances Act (CDSA). These drugs include cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB, and a number of other narcotics. Even the act of passing a marijuana joint to another person or buying drugs for a friend can be considered trafficking under the Canadian Criminal Code.

In determining sentences, the Crown will examine several factors: the number of times you have trafficked drugs, the type of drug involved, the quantity of that drug, and your prior police record. An offer to traffic drugs carries the same penalty as actually trafficking the drug, even if the person extending the offer had no realistic possibility of obtaining the drugs at all. Even selling baby powder under the guise of cocaine can be a trafficking offence if it was presented as cocaine during the process.

Some trafficking charges carry a mandatory one-year jail sentence, including trafficking for the benefit of organized crime; the use of violence or threats; the use of weapons; and the abuse of authority or position. Two-year jail sentences are mandatory when drug trafficking occurs in a prison; in or near a school property or other area frequented by youth; in concert with a person under the age of 18; and by selling controlled substances to someone under the age of 18.

In an unusual legal twist, trafficking charges are not required to be proven by the Crown, but rather you must demonstrate that you were not involved in trafficking and should be released. This makes it more difficult for those facing serious drug charges to obtain bail, and makes it even more imperative that drug trafficking defendants retain experienced criminal defence counsel as soon as possible.

The Kruse Law Firm – Experienced Ontario Criminal and DUI Defence Lawyers

Based in Ontario, the Kruse Law Firm has been providing top tier criminal legal defence for the last 20 years, specializing in criminal law defence but widely acknowledged as one of the leaders in DUI defence strategies.  “Tell us your side – we’ll handle it” is the mantra by which Michael Kruse and his team of legal professionals operate, wanting each of their clients to rest assured that their case is in the best possible hands, and knowing that they will be properly represented when their day in court arrives. Michael Kruse has earned a reputation within the legal community for passion, commitment, and expertise across all areas of criminal law. Call (866) 240-5088 or send an e-mail to defence@kruselaw.ca for a free, no-obligation consultation.