Drug Offences Charges in Whitby
If you have been charged with simple possession, possession for the purpose of trafficking, drug trafficking, production of a controlled substance, and importing in Whitby, 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.
Criminal charges from Whitby are heard at the Durham Region Courthouse in Oshawa at 150 Bond Street East. Durham Regional Police patrols Whitby and surrounding communities. Cases from across Durham Region — including Whitby, Oshawa, Ajax, Pickering, and Clarington — are all heard at this courthouse. Common charges include domestic assault, impaired driving, drug offences, and theft.
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 Oshawa
Criminal charges laid in Whitby are heard at the Durham Region Courthouse in Oshawa. 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.