If you’re a first time offender for drug trafficking, you probably have a lot of questions.
The criminal defence lawyers at Dhanu Dhaliwal Law Group are here to answer your questions and get you the help you need to defend your case.
What is considered drug trafficking?
Drug trafficking is a serious offence under the Controlled Drugs and Substances Act. According to the Act, trafficking in respect of an illegal drug, means:
“(a) to sell, administer, give, transfer, transport, send or deliver the substance,
(b) to sell an authorization to obtain the substance, or
(c) to offer to do anything mentioned in paragraph (a) or (b)
otherwise than under the authority of the regulations.”
Basically, unless you have permission from the appropriate government authority, you cannot sell any of the controlled substances under the CDSA.
Realistically, only pharmacies, doctors, drug companies, etc. have this permission (but even they can get into trouble if they don’t follow the law).
But the CDSA doesn’t just make selling illicit substances illegal. You can be charged for drug trafficking even if you never sold drugs to anyone.
If you gave a friend some pills, even as a gift, you can be charged with trafficking.
The same goes for if you were holding onto your friend’s stash for a bit with the intent of returning it, even without using or selling any of it.
Trafficking includes any transfer (or intent to transfer) drugs from one person to another.
In fact, just offering to sell an illegal substance is enough to be convicted under drug trafficking charges. It is not necessary for the court to prove that you had drugs on you at the time of the offer.
Possession vs. Trafficking
In the US, any individual who holds over 500 grams of cocaine, for example, can be sent to jail for “intent to sell.”
It’s a little different here in Canada. If you were caught with the same amount of cocaine, you could only be charged with possession of a controlled substance. In order for you to get trafficking charges, it would need to be proven that you intended to sell that cocaine.
You could theoretically argue that you were just pretending to be Scarface and that all the cocaine was for you, and if the court cannot prove otherwise, you would only be hit with charges of possession.
Possession for the purpose of trafficking is a separate offence from simple possession.
The only issue in this example is that a court will likely look to prove that you were in possession of drugs for the purposes of trafficking, since it is such a large amount.
The odds are certainly stacked against you in a situation like this.
To prove intent without the help of a criminal defence attorney is incredibly difficult. If you have been charged with a crime such as trafficking, it is important to hire an experienced criminal defence lawyer as soon as possible.
After a 2.5 year battle with the court system Rob Dhanu was able to get me the best possible outcome. I have had nothing but great experiences…
…with Rob and the staff at Dhanu Dhaliwal Law Group and would recommend them to everyone. I highly recommend Dhanu Dhaliwal Law Group. Rob Dhanu has been my lawyer for many years and I have always been treated with respect. I never got the feeling like I was being mislead in anyway. I was always given great advice and I always felt as if Rob Dhanu was going above and beyond to fight for me.
Rob made me a priority over his own personal life and would always make himself available when I most needed him…
DD Law Group not only gave me their 100% during my case, but they even provided guidance and support to me after my case was over. I have had Rob Dhanu as my lawyer for many years now and I would not have it any other way. I am now free from years of court battles and have a great career and 4 children who won’t be worried about me leaving again. It is so nice to have someone who really cares about my life and my family. Thank-you for being there every single time.
Rob and his team did and absolutely amazing job representing me. For three years we were in and out of court dates and trials.
The whole time rob made sure we stayed in contact and i was given reminders of court dates and hearings. And when my trial day came i couldnt believe the amount of work they did on my case. Honestly watching rob during trial is an impressive sight, its easy to see why this legal team has the reputation they do. I would recommend using dhanu dhaliwal law, I know i will be using his services again if needed
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Rob has great court presence and was able to express what I was thinking and feeling which made me feel like my voice was truly heard.
Rob is a great lawyer who took the time to truly get to know me. He is easy going, easy to talk to and has a natural ability to relate to people and get things done. Speaking to Rob has always been more like speaking to a friend than a lawyer. I always refer Rob to anyone who needs a lawyer.
I can honestly say that Rob changed the course of my life. Not only did he get me bail when I thought it was impossible…
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I have had Rob Dhanu as my lawyer for many years now I wouldn’t change a representative for my personal being for the world…
He has put me first in every case over his own personal life, he would always answer his phone…unlike other lawyers from what other people and friends experienced answering the phone for a client is so important especially if your incarcerated number 1 stress while incarcerated is lawyers not answering a call number 2 is girlfriend or wife not answering a call many clients will understand and be able to relate to this. To sum it all up Dhanu Dhaliwal law corporation has always put 100 percent plus some well representing me and always helped me after they represented me with direction and guidance life after I was released from jail I now haven’t been on probation in over a year for the first time in 20 year I’m on the straight and arrow I have a career and 4 children that don’t have to worry about me leaving again and thanks Rob Dhanu for always making sure I’m ok and doing well in life it’s nice to have someone that really cares about my life and family it’s a special feeling to be able to trust and I trust Dhanu Dhaliwal law corporation thank you for being there every single time so happy I am now in life.
Rob did an awesome job in and outside of the court room, he had my back the whole way through court proceedings. Thanks Rob, appreciate everything you did for me brother!
Having worked with lawyers over the years, I am grateful to have found a real professional in tough situations who demonstrates intelligence, is sharp and really cares for his clients.
I met Rob when a family member required legal help. I have found Rob to be an excellent lawyer over the years and have referred other clients to him. It is difficult when someone is charged with a crime or having legal difficulties and Rob’s professional, calm and clear approach is very much appreciated. Rob maintains kindness and compassion for others while still being an exceptional lawyer in the law. He really fights for his client’s rights. I recommend him without hesitation.
This lawyer has been amazing in keeping families together and putting them back together and fighting for his clients best interest! Def recommend him as a lawyer!!!
At Dhanu Dhaliwal Law Group I was represented in a way that exceeded all of my expectations. My opinions were always valued and I didn’t have any feeling of doubt…
…as Rob Dhanu always properly evaluated and assessed my situation accordingly. He explained each step throughout the process and completely went above and beyond for me. He fought hard and the experience and outcome are more then I could have hoped for! I am appreciative and grateful for the team at Dhanu Dhaliwal Law Group!
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Very professional and helpful, he’s always available to answer all questions.
Rod Dhanu is one incredible lawyer. He will fight like no one else. I didn’t have much knowledge how thing’s worked. With the court system . The stress was crazy Mr Dhanu was great at explain and knocking the stress levels down ..
My case went on for 6 year partly due to covid ..when we finally got to trial it was crazy how Mr Dhanu picked every part of the case apart . Had rcmp offices stumbing and getting caught lies.. it was unbelievable how foolish he made them look . I had some pretty heavy charges he saved me a lot of my life by getting everything thrown out.. I suggested at different that we should settle .. he advised me to hold fast that we had a very good chance of beating the case. I wasn’t sure how , after seeing him work I understood. He is a master at what he does. If you want someone that will fight like no other Mr Dhanu should be you first choice..
Good luck
I would highly recommend Rob Dhanu! He made a crazy stressful time as easy and pain free as possible.
I would highly recommend Rob Dhanu! He made a crazy stressful time as easy and pain free as possible. I experienced excellent communication, hard work, and integrity from The Dhanu Dhaliwal Law Group and I definitely would not hesitate to use him again in the future!
Penalties for Drug Trafficking
The maximum penalty for drug trafficking is life in prison.
Most often, however, the penalty given by the court includes less jail time and probation, especially on your first drug trafficking offence.
In deciding the severity of your penalty, a judge will consider many factors, including the type of substance you sold, how much of the substance was found in your possession, and whether you have a prior criminal record.
Avoid Criminal Charges for Drug Trafficking
At Dhanu Dhaliwal Law Group, we understand that people often make the wrong choices for good reasons. Life is not always as simple as the law makes it out to be. That’s why we founded our firm on Real Life Legal Solutions.
When it comes to charges for drug trafficking, this means doing everything in our power to prevent you from a permanent criminal record. It also means helping you with probation or other penalties if they arise.
We have extensive knowledge of the Canadian Charter of Rights and Freedoms so we can best defend your rights from unlawful search and seizure. We have also successfully dealt with a variety of cases involving all manner of substances, ranging from just a gram to multi-kilo level amounts of drugs like cocaine, heroin, opiates, methamphetamine, fentanyl, and more.
To get the best representation in BC, contact our offices by calling the number above or by filling out our contact form.
Whether you choose us or not, we wish you the best of luck, inside and outside the courthouse.
