Drug Charges Lawyer in Vaughan

A drug charge in Vaughan can follow a traffic stop on Highway 400, a search of a home in Woodbridge or Maple, or a longer York Regional Police investigation. Whatever the starting point, the case will be heard in Newmarket, and the outcome can range from diversion to a lengthy prison sentence. Avi Baratz has defended drug charges across York Region for more than 20 years and knows how these cases are built and where they fall apart.

Drug Charges We Defend in Vaughan and York Region

Most drug offences are prosecuted under the Controlled Drugs and Substances Act (CDSA). Common charges include:

• Possession: having a controlled substance such as cocaine, fentanyl, MDMA or methamphetamine.
• Possession for the purpose of trafficking: possession with an alleged intent to sell or distribute.
• Trafficking: selling, giving, transporting or offering a drug, including offering a substance held out to be a drug.
• Production: growing or manufacturing a controlled substance, including grow operations in residential or industrial units.
• Cannabis offences: selling outside the licensed system, or possessing more than the legal limit, under the Cannabis Act.

Where Your Case Will Be Heard

Drug charges laid in Vaughan are prosecuted at the Newmarket courthouse, 50 Eagle Street West, Newmarket, Ontario L3Y 6B1. Less serious matters stay in the Ontario Court of Justice; larger trafficking and production cases may proceed to the Superior Court of Justice in the same building. If you are held for bail after arrest, that hearing also takes place in Newmarket.

Who Prosecutes Drug Charges

Drug charges are prosecuted by federal Crown prosecutors from the Public Prosecution Service of Canada, not the provincial Crown who handles most other criminal charges. When drug charges come with Criminal Code charges, such as weapons or proceeds of crime, both prosecutors may be involved.

Possession vs. Trafficking: Why the Charge Matters

The gap between simple possession and possession for the purpose of trafficking is often the most important issue in the case. Police point to quantity, packaging, scales, cash and messages on a phone. Each of these can have an innocent explanation, and each is open to challenge.

For simple possession, the CDSA now directs police and prosecutors to consider warnings, referrals to treatment or diversion before laying or continuing a charge. Many first-time possession cases are resolved without a criminal record.

How We Defend Drug Charges

Drug cases are usually won or lost on how police found the evidence. We review the disclosure for issues such as:

• whether the traffic stop, search of your vehicle, home, phone or person was lawful, and whether any warrant was properly obtained
• whether a tip from an informant was reliable enough to justify the search
• whether you actually knew about and controlled the drugs, especially in a shared car or home
• whether the chain of custody and lab analysis are reliable
• whether the evidence supports trafficking rather than personal use
• whether you were told about your right to a lawyer and allowed to speak with one

When police breach the Charter, a judge can exclude the evidence. In a drug case, that often leaves the Crown with no case to prove.

Penalties and Consequences

Penalties depend on the drug, the amount, the activity alleged and your record. Outcomes range from a withdrawal, diversion or discharge to a conditional sentence or jail for serious trafficking and production. A conviction can also bring a weapons prohibition, forfeiture of cash or property, travel restrictions, and serious consequences for anyone who is not a Canadian citizen.

Contact a Vaughan Drug Charges Lawyer

If you have been charged with possession, trafficking, production or another drug offence in Vaughan or anywhere in York Region, contact Baratz Law for a confidential consultation. Call 416-937-3777 or email avi@baratzlaw.com. We are available 24 hours a day.