Drug Offences Charges in Hamilton
If you have been charged with simple possession, possession for the purpose of trafficking, drug trafficking, production of a controlled substance, and importing in Hamilton, the consequences are serious. Penalties vary by substance and quantity. Simple possession of a Schedule I substance (cocaine, heroin, fentanyl) carries a maximum of 7 years by indictment. Trafficking carries a maximum of life imprisonment for Schedule I substances. Production carries up to life imprisonment. Mandatory minimums apply to trafficking and production near schools or involving youth.
The John Sopinka Courthouse at 45 Main Street East is Hamilton's criminal court, named after the late Supreme Court of Canada Justice John Sopinka. Hamilton Police Service patrols the city, and the courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters for the Hamilton-Wentworth area. Hamilton has an active Crown Attorney's office, and the courthouse processes a wide range of criminal charges from across the region.
How We Defend Drug Offences Charges
Every drug offences case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Unlawful search and seizure — the police had no legal authority to search
- Charter s. 8 violations leading to exclusion of evidence
- Lack of knowledge — the accused did not know the drugs were present
- Lack of possession or control over the substance
- Entrapment by police or undercover officers
- Challenging the continuity of exhibits or forensic analysis
The Court Process in Hamilton
Criminal charges in Hamilton are heard at the John Sopinka Courthouse. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.