10 Scarborough Drug Sentencing Facts You Might Not Know

10 Scarborough Drug Sentencing Facts You Might Not Know

Being charged with a drug crime is a very serious offense and is unlike other criminal charges. Under the Controlled Drugs and Substances Act, anyone who is convicted of a drug offense can face very serious, life-altering consequences.

If you are convicted of a drug crime, it can affect your future employment, options for housing and, sometimes, even your freedom. There are ten things that anyone who is facing drug charges should know in order to be prepared to face the music.

1. Drug prosecutors differ from other types of prosecutors

Unlike other criminal charges in Scarborough, drug charges are prosecuted by the Public Prosecutions Services of Canada instead of by the Crown Attorney’s office. That means that the prosecutors are a highly specialized and prepared group that frequently deal with putting drug offenders behind bars. In other words: they’re experts.

2. The intent of prosecution is different than for other criminal charges

The Controlled Drugs and Substances Act is very specific about how to sentence those who are convicted of drug charges. According to the Criminal Code of Canada, the purpose of prosecuting drug offenses is to encourage rehabilitation and treatment and to have those convicted acknowledge their wrongs in order to create a more respectful and peaceful society. That does not mean, however, that drug offenders will escape potential fines and jail time.

3. Aggravating factors are different for drug charges

Many different things can make your drug charge an aggravated offense, which means the sentencing will be much more than the original charge. Things like trafficking are different from possession.

If you are carrying a weapon while you are in possession of illegal substances, your sentencing will escalate and be considered an aggravated offense. Each charge can be confounded with another charge, ultimately making your consequences more severe.

4. There is flexibility in sentencing

Since the goal is more about rehabilitation than punishment, the judge has a lot of leeway when it comes to sentencing. Although some charges come with minimum mandatory penalties like imprisonment, there are lesser charges that the judge can assign that offer more leniency.

5. There are different types of trafficking

There are different types of trafficking according to Canadian law. Trafficking can be one of three levels with differing severities. The three levels are:

• Social sharing
• Petty retail operation
• Full-time commercial operation

When the offender has no addiction and is purely distributing and trafficking for monetary gain, the court is less likely to grant leniency or to give any sympathy to the defendant. Also of concern to the court is whether there are any prior offenses that make the crime of drugs more serious.

6. Drug type is taken into consideration

There are differing penalties according to what type of drug you are charged with. The more serious the drug, the more serious your crime. So, if you are carrying marijuana it is seen as a lesser offense than if you are caught with a more serious drug like cocaine or heroin.

7. There is such a thing as drug treatment court

In Scarborough, there is something called drug treatment court. Your Scarborough criminal lawyer can fill out an application for you to be involved in drug appointment treatment if you plead guilty. If you are taken into drug treatment court, you are monitored. If you can successfully make it through the treatment without any further indiscretion, although not guaranteed, it might be possible for you to avoid jail.

8. You might be denied international travel

If you have a drug conviction in Scarborough, it might be possible for you to be banned entry into another country. If you desire to travel and you have drug charges against you, or convictions on your record, you might need a special license to go abroad.

9. It might affect your immigration status

If you are convicted of a drug crime, it might affect your immigration status. If you have engaged in a serious enough crime as outline by immigration law, you will not be admissible to Canada.

10. Longer lasting criminal records

If you are convicted of a drug offense, then your criminal record will stand for ten years if you are granted a record suspension. If you aren’t you’re looking at a more permanent record.

Being convicted of a drug offense in Scarborough is a very serious issue. If you are facing drug charges, it is important to find an attorney who specializes in drug defenses. That is the only way to fight the specialized drug prosecutors who will try your case.