Drug Trafficking Lawyer Toronto | What to Do During a Drug-Related Arrest
Facing drug-related arrests can be an anxious experience. From simple possession charges to more severe allegations of trafficking or manufacturing, understanding your rights during an arrest is paramount to protecting them, along with having proper legal representation throughout. We’ll walk you through what steps should be taken if you are ever arrested on drug-related charges and discuss the importance of legal representation. If you are facing serious drug charges, having a legal advocate who understands your rights and the system can be invaluable. Toronto Drug Trafficking Lawyer John Erickson has over two decades of experience representing clients accused of possession, trafficking and manufacturing drug offences – with proven results. Erickson Law provides strong yet cost-effective representation tailored to each case. Don’t leave your future up to change.- contact John Erickson now for a complimentary consultation.
One of the first rights any individual arrested should recognize is their right to remain silent. Under Canada’s Charter of Rights and Freedoms, you are under no obligation to answer questions posed by law enforcement other than providing basic identification details. Keeping silent is of utmost importance, as any statements you give can potentially be used against you in court proceedings. Law enforcement officials often respond quickly and aggressively when approached with allegations, prompting people to explain themselves or express their thoughts in any form or fashion. Even seemingly innocent remarks or statements can be misconstrued later and used against your defence; to keep yourself safe in these instances, it’s best to remain silent until speaking to an attorney and offer that response: ie, I choose not to talk until speaking to my lawyer.
Legal representation is another fundamental right in drug arrest cases, and should you be taken into custody, you have the right to consult a lawyer immediately upon being detained. Doing this will enable them to guide and advise you on your legal process, protect your rights, and create a suitable defence strategy. Once you notify the police that you wish to contact a lawyer, they must give you an opportunity to do so. If they prevent this, any information or evidence gathered during this period could be considered inadmissible in court proceedings. John Erickson is an experienced criminal defence lawyer in Toronto who emphasizes the value of seeking legal advice early in your legal proceedings. Consulting a knowledgeable lawyer will allow you to understand your options, contest any improper police behaviour and uphold your rights throughout your case.
Drug cases frequently rely on searches and seizures as central components. But, under the Canadian Charter of Rights and Freedoms, you have a right to remain free from unreasonable searches and seizures by police – meaning they must first secure either a search warrant or have reasonable suspicion (e.g. seeing drugs in plain view) before conducting one.
If the police conduct a search without proper legal justification, any evidence obtained could be excluded from court proceedings. Your lawyer could challenge its validity and argue that your constitutional rights were violated during that search; that’s why it’s critical that an experienced criminal defence lawyer review your arrest circumstances and law enforcement’s actions as soon as possible.
When facing drug-related arrest, resisting or becoming confrontational during a search is only likely to escalate the situation further and lead to additional charges against you. Instead, it is wiser to remain calm and comply with law enforcement. Take note of who was conducting the search, as well as the date, time, and type of search seized from you by law enforcement officials.
As soon as you contact a lawyer, inform them of the search and any concerns about its legality. Your attorney can assess if the search was carried out legally or file court challenges if any rights were violated during its conduct.
As previously discussed, anything you say to police could potentially be used against you – this includes statements made during searches, booking or while in custody. Even if you believe yourself to be innocent and providing an explanation might help clarify matters further, it may be prudent to remain silent until after consulting a lawyer. Self-incriminating statements can make defending yourself more complicated, as they could be misconstrued as admissions of guilt. While withholding information that could aid your case may seem frustrating, lawyers know how best to present their cases for maximum impact.
Although police may ask your permission to search your belongings, vehicle, or home, you are under no obligation to agree. Without legal grounds for doing so or an arrest warrant in place, you have every right to refuse any search that occurs without being physically restrained by them if it proceeds anyway. Any evidence obtained through unlawful searches could potentially be excluded from court cases later on. If you believe your rights were violated during an arrest, it’s essential that you document every aspect of the arrest process. Take down the names and badge numbers of all officers involved, as well as their location and time. Attempt to collect contact info for witnesses who might have witnessed either arrest or search; this information can assist your lawyer when reviewing police actions for legal purposes and building your defence strategy.
Once arrested for drug-related charges, you will be taken into police custody and may be subject to interrogation by law enforcement officials. As with any arrest, however, no answers are required without legal representation present. After your arrest, you can apply for bail to remain out of custody while waiting for trial; having legal representation during this hearing can present compelling arguments as to why release is warranted prior to trial. John Erickson possesses extensive experience representing clients at bail hearings. He can advocate for your release by making a compelling case to the judge that illustrates stable employment, supportive networks and no prior criminal history – which could increase your odds of receiving bail.
After your drug arrest, one of the most essential steps you can take is hiring an experienced criminal defence lawyer. Drug charges are intricate, and penalties may include imprisonment, fines and even permanent criminal records; an experienced defence lawyer knows how to assess the evidence against you, challenge the legalities of arrest/search procedures and craft an effective defence strategy to give you a chance of a positive result.
Arrest for any drug-related charge can be an alarming experience, but knowing your rights and taking the necessary steps to protect you can reduce further harm. Recall your right to remain silent, legal representation and freedom from unlawful search and seizure; when possible, hire an experienced criminal defence lawyer such as John Erickson to guide you through the complexities of drug charges towards an amicable resolution – for expert legal advice, contact John at (416) 363-3612 today for a complimentary consultation session!
