Arrested for Drug Possession: What to Do

Being arrested for drug possession is a serious matter that can have significant legal, personal, and financial consequences. Whether it’s a small amount of a controlled substance or a larger quantity that could suggest intent to traffic, drug possession charges in Ontario can result in fines, imprisonment, and a permanent criminal record. If you’re arrested for drug possession, it’s crucial to understand your rights, the legal process, and the steps you should take to protect yourself. This comprehensive guide will explain everything you need to know about drug possession charges, the legal consequences, and how to handle the situation effectively.

What is Drug Possession Under Canadian Law?

Under the Controlled Drugs and Substances Act (CDSA), it is illegal to possess certain controlled substances, including narcotics like cocaine, heroin, methamphetamine, ecstasy, and even prescription drugs if they are not legally prescribed to you. Cannabis is now legal in Canada under certain circumstances, but possessing amounts over the legal limit, or in restricted settings, can still lead to possession charges.

There are two main types of drug possession charges you may face:

1. Simple Possession: This charge applies when you are found with a small quantity of a controlled substance intended for personal use.
2. Possession for the Purpose of Trafficking: This charge is more serious and applies when you are found with larger quantities of drugs, or in circumstances suggesting that you intended to sell or distribute the drugs.

It is important to understand that drug possession charges can have varying levels of severity depending on the type of drug, the amount, and any prior criminal history.

Immediate Steps to Take If You’re Arrested for Drug Possession

If you are arrested for drug possession, how you handle the situation can significantly impact the outcome of your case. Here are the steps you should take immediately following your arrest:

1. Remain Calm and Comply with Law Enforcement
   It’s essential to remain calm during the arrest and avoid resisting or arguing with the police. Resisting arrest can result in additional charges and escalate the situation. Cooperate with law enforcement and comply with their instructions, but remember that you have rights, which you should exercise wisely.
2. Exercise Your Right to Remain Silent
   You have the right to remain silent, and you should exercise this right immediately. Anything you say to the police can be used against you in court, so it’s best to avoid making any statements or answering questions without legal representation. Politely inform the officers that you wish to speak to a lawyer before answering any questions.
3. Ask for Legal Counsel
   Under the Canadian Charter of Rights and Freedoms, you have the right to speak to a lawyer without delay. As soon as possible, request to speak to a criminal defence lawyer. A lawyer will advise you on how to proceed, explain your rights, and help you navigate the legal process. It’s crucial to consult with a lawyer before making any decisions or statements.
4. Do Not Consent to a Search Without a Warrant
   In most cases, law enforcement needs a search warrant to search your home, vehicle, or personal belongings. If the police ask for your consent to conduct a search, you have the right to refuse. However, they may proceed with the search if they have probable cause, but your refusal may help your lawyer challenge the search later in court.
5. Keep Track of the Events
   If possible, make a mental note or write down details of the arrest, such as the officers’ names, badge numbers, and anything they said during the arrest. These details may be important later when discussing the legality of the arrest with your lawyer.

Your Rights After Being Arrested for Drug Possession

It’s important to understand your rights when you are arrested for drug possession. These rights are protected under the Canadian Charter of Rights and Freedoms and include:

• The Right to Remain Silent: You are not required to answer any questions or make statements to law enforcement. It is in your best interest to remain silent until you have spoken to a lawyer.
• The Right to Legal Counsel: You have the right to contact a lawyer as soon as possible after your arrest. Law enforcement is required to provide you with an opportunity to consult with a lawyer without delay.
• The Right to Know the Charges: The police must inform you of the reason for your arrest and the specific charges you are facing.
• Protection from Unreasonable Search and Seizure: The police must have a valid warrant or reasonable grounds to search your person, home, or vehicle. If they search you without proper justification, your lawyer may challenge the search in court.

The Legal Process for Drug Possession Charges in Ontario

Once you’ve been arrested for drug possession, your case will proceed through several stages. Understanding the legal process can help you prepare and make informed decisions.

1. Bail Hearing
   After your arrest, you may be taken into custody. If you are held in custody, a bail hearing will be scheduled to determine whether you will be released before your trial. Your lawyer will argue for your release and present a bail plan that includes conditions such as where you will live, who will supervise you, and any restrictions you will follow (e.g., not using drugs).
2. First Court Appearance
   Your first appearance in court is usually an arraignment, where the charges against you will be formally read, and you will enter a plea of guilty or not guilty. It’s essential to have legal representation at this stage to ensure that you understand the charges and make the right plea based on the evidence.
3. Disclosure
   The Crown prosecutor will provide you and your lawyer with disclosure, which includes all the evidence they plan to use against you in court. This may include police reports, witness statements, and lab results showing the type and quantity of drugs involved.
4. Pre-Trial Negotiations
   In many drug possession cases, your lawyer may engage in negotiations with the Crown prosecutor to explore the possibility of a plea deal. A plea deal may involve pleading guilty to a lesser charge in exchange for a reduced sentence. Your lawyer will help you assess whether accepting a plea deal is in your best interest.
5. Trial
   If your case goes to trial, your lawyer will present a defence, challenge the Crown’s evidence, and argue for your acquittal. The trial may involve witness testimony, expert opinions, and cross-examination of the prosecution’s evidence.

Potential Penalties for Drug Possession in Ontario

The penalties for drug possession in Ontario depend on several factors, including the type of drug, the quantity, and whether you have any prior criminal history. Potential penalties include:

1. Fines: For minor drug possession charges, the court may impose a fine as part of your sentence. The amount of the fine will vary depending on the circumstances of the case.
2. Imprisonment: Depending on the severity of the charge and whether it’s a first offence, drug possession can result in jail time. For simple possession, sentences range from a few months to two years, while possession for the purpose of trafficking can result in much longer prison sentences.
3. Probation: In some cases, the court may impose probation instead of jail time. During probation, you must comply with conditions such as attending drug counselling, reporting to a probation officer, or refraining from drug use.
4. Criminal Record: A conviction for drug possession will result in a criminal record, which can have long-term consequences on your ability to find employment, travel, and obtain certain licenses.

Defending Against Drug Possession Charges

If you’ve been charged with drug possession, there are several defences your lawyer may use to challenge the charges:

1. Unlawful Search and Seizure
   If the police conducted an illegal search without a warrant or reasonable grounds, your lawyer can argue that the evidence should be excluded from the trial. If the search is deemed unconstitutional, the charges may be dismissed.
2. Lack of Knowledge
   To be convicted of drug possession, the Crown must prove that you knowingly possessed the drugs. If the drugs were found in a shared space or you were unaware of their presence, your lawyer may argue that you did not have knowledge or control of the substance.
3. Lack of Intent to Possess
   In some cases, the Crown may have difficulty proving that you had the intention to possess the drugs. For example, if someone else placed the drugs in your belongings without your knowledge, your lawyer can argue that you did not intentionally possess the substance.
4. Challenging the Evidence
   Your lawyer can challenge the credibility and reliability of the evidence presented by the Crown, including questioning the validity of lab results or witness statements.

How De Boyrie Law Can Help

At De Boyrie Law, we understand how overwhelming drug possession charges can be. Our experienced criminal defence team will work with you to develop a strong defence, protect your rights, and achieve the best possible outcome in your case.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is facing drug possession charges, contact De Boyrie Law today to schedule a free, confidential consultation. We will review your case, discuss your legal options, and work tirelessly to protect your rights.