The information provided below is designed provide some basic legal information. It is not legal advice. If you would like legal advice about what to do with charges you are currently facing, you will need to talk to a lawyer. Please visit the Contact page or complete the form above to connect with Michael.
Drug Related Charges
There is a wide range of drug-related offences in the Controlled Drugs and Substances Act (also called the CDSA) including simple possession, possession for the purpose of trafficking, trafficking, importing and exporting, and production of illegal drugs including marijuana, cocaine, crack cocaine, heroin, methamphetamine, and MDMA. The Public Prosecution Service of Canada usually prosecutes drug charges and these Crown attorneys are sometimes referred to as “federal Crowns.”
Michael Dyck has assisted clients with all sorts of drug related offences including simple possession of marijuana and cocaine, marijuana grow-operations, possession for the purpose of trafficking, trafficking, and he has even worked with some clients charged in large police investigations.
You may want to consider reviewing your case with Michael Dyck to see if you would be able to avoid a criminal record or beat your charges at a trial. Drug cases may involve wire taps, police informants, and search warrants. These are complicated areas of the law that Michael Dyck can help review and explain to you. At the same time, he can help you determine whether or not the police violated your rights under the Charter of Rights and Freedoms and if evidence could be excluded at trial. In the alternative, Michael can advocate for you while he discusses your case with the Crown attorney to see if a favourable plea bargain can be worked out.
Penalties and Consequences
There is a wide range of sentences for drug-related offences based on:
- the seriousness of the charge (simple possession vs. trafficking),
- the type of illegal drug that is involved (more serious Schedule 1 drug like cocaine vs. less serious Schedule 2 drug like marijuana),
- the quantity of the drugs seized, and
- other aggravating factors relating to the details of the offence.
For some simple possession charges, a criminal record can be avoided if the judge imposes a discharge as a sentence, but that is not always the case. For more serious drug-related charges, like drug trafficking, a jail sentence can be quite common. Especially with changes to the Criminal Code in November of 2012, mandatory minimum jail sentences are more common for some drug offences if there are aggravating circumstances. The new laws also removed the ability of judges to impose a Conditional Sentence Order (sometimes called a house arrest sentence) for some drug related offences. Every case is different and you need Michael Dyck to look at your case so he can determine the exact jeopardy you could be facing.