Possession of Proceeds of Crime Defence Lawyer in Toronto

Facing a charge involving cash or property police say came from a crime? Discuss the allegation, the evidence and your next court date with Lichtman Law.

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By Rachel Lichtman, Criminal Defence Lawyer

Help at Every Stage of Your Case

Police Investigations and Charges

Get advice if police have seized property, asked for an interview or laid a charge.

Bail and Release Conditions

Discuss your upcoming bail hearing or conditions that affect your work, travel or contact with other people.

Charged With Possession of Proceeds of Crime? What Happens Next?

Start by checking the exact charge and section number on your court paperwork. Under section 354 of the Criminal Code, the allegation can concern property itself or proceeds derived from it. In a typical case under section 354(1), the Crown must prove possession and knowledge of the property’s criminal origin. It must also establish that all or part of the property or proceeds came directly or indirectly from an offence punishable by indictment, or from conduct abroad that would qualify if committed in Canada.

The evidence may include bank transfers, purchase records, messages, police observations or documents about who could access a vehicle, account or property. Keep copies of your charge documents, release conditions and any seizure paperwork. Ask how to share sensitive records securely when you request a consultation.

How Lichtman Law Can Help

Review Possession and Control

We examine who had access to the property, how it was stored or transferred, and what the records show about your ability to control it.

Test the Alleged Source and Knowledge

We review the financial trail, transaction dates and communications to assess what connects the property to an alleged offence and what you knew.

Examine the Search and Seizure

We review how police obtained the property and related records, including any warrant or search grounds, and assess possible Charter issues.

Address Bail and Prepare Your Defence

We explain your options, review the disclosure with you and prepare for the next court appearance, resolution discussions or trial.

Questions About Possession of Proceeds of Crime

Can the charge involve property as well as cash?

Yes. Section 354 can apply to property, other things or their proceeds. The paperwork and disclosure should help identify which property the allegation concerns and how the Crown says it was obtained.

What if someone else owned the property?

Legal ownership is one part of the picture. Possession may turn on knowledge and control, so records of who had access and who could use or move the property may matter.

What if I did not know where the property came from?

Knowledge of the criminal origin is part of the allegation. A lawyer can review the circumstances the Crown relies on, including the transaction history and communications available to you at the time.

Does a seizure mean the property is permanently forfeited?

A seizure and a final forfeiture order are different steps. The process for seeking return of property depends on the legal basis for the seizure and any court orders. Bring any inventory, receipt or notice you received.

What should I bring to the first consultation?

Bring the charge documents, release conditions, next court date and any seizure paperwork. A timeline and a list of relevant receipts, transfers or messages can also help.

Reviews

Discuss Your Proceeds of Crime Charge

Tell us what police seized, what your paperwork says and when you are due in court.