Criminal Defence Lawyer Calgary

Probation for Repeated Domestic Violence

  • 8 April 2015
Charge(s):

CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court

Allegations:

My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.

Result:

Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.…

Assault with a Weapon and Other Charges Dropped for Counseling

  • 8 April 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.430(1)(a) – Mischief, s.129(a) – Resisting Arrest, s.264(2)(b) – Criminal Harrassment (repeated communication), s.264(2)(c) – Criminal Harrassment (besetting dwelling house)

Allegations:

My client and his wife had recently separated and he was having great difficulty accepting their failing relationship. While picking up some personal items, that his wife left for him, he saw her in the parking lot with their two kids. She was with her friend and her two small children too. He approached them and attempted to persuade her into reconciling their relationship. She was not interested and refused to listen to him. He became enraged and started yelling at her, forcing her and her friend and the four children to lock themselves inside the vehicle as they feared for their safety. He went to his vehicle and retrieved a tire iron, returned to her vehicle and smashed her driver’s side glass, causing minor injuries to her left arm. He fled the scene prior to police arrival, yelling to her that he would return and cause further damages to her vehicle. A warrant issued for his arrest, as his whereabouts remained unknown.His wife soon after obtained an Emergency Protection Order against my client.Three weeks later, my client attended at his wife’s residence again. She called 911, while he was at her front door, trying to talk to her and gain access inside her apartment. She barricaded the door with a dresser and took her children to a safe room. She was ferful for her safety and for the safety of her children. Police located my client inside the stairwell to the building and advised him that he was under arrest. He provided police with a different name and then tried to escape by pushing his way past the offciers and run down the stairs. He was taken into custody and handcuffed.

Result:

I persuaded the Crown to withdraw the assault with a weapon charge, in exchange for guilty pleas to the charges of mischief, resisting arrest and one count of harrassment. Given my client’s fragile emotional state, I requested a Pre-Sentence Report, as well as a Psychological Assessment. Neither report was prepared in time for the sentencing, so ratehr than adjourning, we proceeded without them. By way of penatly, he received a suspended sentence and a period of probation for 18 months, with conditions that he attend for assessment and counseling as directed in order to assist him in coming to terms with the probems in his life.…

Three-Time Drunk Driver Causing Two Accidents Avoids Jail

  • 8 April 2015
Charge(s):

CC: s.253(1)(a) x 2 – Impaired Driving, s.254(5) x 2 – Refusal to Provide a Breath Sample, s.145(5) – Fail to Attend to Identification, s.145(5) – Fail to Attend Court

Allegations:

While driving under the influence of alchol, my client was reported by witnesses to be driving erratically on McNight Blvd. weaving through traffic, trying to squeeze in between two cars and eventually colliding into the rear of another vehicle. My client then tried to drive away, but hit the other car again. The driver of the other vechile wrestled the keys out of my client’s ignition, as he believed my client to be drunk. Police arrived while EMS were attending to my client. Upon opening the side door to the ambulance, my client tried to grab a hold of the police officer’s duty belt. The officer my client reeked of alcohol and had a blank stare through glossy eyes. My client stumbled out of the ambulance, losing his balance. After placing my client under arrest, and making a breath demand, my client replied: “owwwwweeeee!” (howling like a wolf). He then told the officer that he loved him and wanted a hug, stating: “we don’t need the police.”. He was staggering, slurring and mumbling incoherent words, was repeatedly falling asleep while officers were dealing with him. He evenutally fell to the floor of his cell and passed out. A couple of months later, he failed to attend for fingerprinting and later failed to attend court as well, so warrants issued for his arrest.One year later, while driving under the influence again, my client failed to stop at a red light and collided with the rear of a van. He exited his veichle and began yelling at the female driver of the van. Upon arrival at the scene, police noted that my client was having difficulty handling his documents, was extremely unsteady on his feet and almost tripped over backwards while trying to pick up his dropped registration. He had red, glassy eyes and a strong smell of alcohol coming from his breath. Again, he refused to provide a breath sample. Police also found a crack pipe in his pocket.

Result:

My client pleaded guilty to two of the impaired charges and failing to attend court. The other charges were withdrawn. He had a prior conviction on his record for impaired driving and failing to stop at the scene of an accident. However, the Crown did not rely upon these convictions to seek a greater punishment. Nonetheless, he ought to have received a sentence involving a minimum term of imprisonment of 30 days. However, I argued a technical legal principle from the Supreme Court and the Court did not impose any jail. Instead, my client was ordered to pay a total of $3600 in fines, with 16 months time to pay.…

Fine, instead of Community Service Hours

  • 8 April 2015
Charge(s):

CC: s.733.1(1) – Breach of Probation Order

Allegations:

My client was accused of failing to complete 50 hours of community service work, ordered by the court, in relation to a probationary sentence imposed for other offences.

Result:

My client worked up north in isolated camps and was therefore unable to complete the hours, so he tendered a plea of guilty and ended up paying a fine of $500, instead of doing the community service hours.…

Criminal Harassment and Stalking charges dropped

  • 8 April 2015
Charge(s):

CC: s.264(2)(a) x 2 – Criminal Harrassment (repeated following), s.264(2)(b) x 2 – Criminal Harrassment (repeated communication), s.264(2)(c) x 2 – Criminal Harrassment (besetting dwelling house), s.264(2)(d) x 2 – Criminal Harrassment (threatening conduct), s.127(1) x 2 – Breach of Restraining Order.

Allegations:

The details of these offences are complex and lengthy. However, my client was essentially accused of harrassing, stalking and threatening the complainant and her husband at various locations throughout the course of nearly 14 months. My client and the complainant were involved in an intense extra-marital affair together. When her husband found out, he ordered an end to it and, together, they obtained a restraining order against my client. However, he repeatedly violated the conditions to avoid her, as they pursued their sexual relations.

Result:

All charges were eventually dropped. My client entered into a peace bond, promising to avoid communicating with her or her husband for a period of one year. No criminal convictions.…

Harassment Charges Disappear!

  • 8 April 2015
Charge(s):

CC: s.145(5.1) – Breach of Undertaking x 2, s.264 – Criminal Harrassment

Allegations:

As a result of committing an assault upon his girlfriend, my client was bound by undertaking to avoid communicating with her. About 10 days later, my client sent text messages to her and was warned not to do that again. Then, about one week after that, he sent obscene images to her via text message. Also, he had been seen driving by her house 4 or 5 times per day, blasting his music and revving his engine very loudly as he drove by. He would also park near her workplace and watch her through the windows. He would also blast his music and rev his engine loudly to get her attention.

Result:

The day prior to his scheduled trial date, the Crown fell ill and was requesting an adjournment. I opposed the adjournment but offered to resolve it through a Peace Bond. The Crown agreed. However, on the day of trial, the complainant failed to attend, so all charges were withdrawn. Despite my client having a criminal record, including a prior conviction for domestic assault, all of his charges were withdrawn. No criminal convictions.…

Spousal Assault, Firearms and Breaches, all Withdrawn

  • 8 April 2015
Charge(s):

CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order

Allegations:

My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.

Result:

Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.…

No Jail for Repeatedly Breaching Probation Orders

  • 8 April 2015
Charge(s):

CC: s.733.1 x 4 – Fail to Comply with terms of Probation Order.

Allegations:

My client breached the terms of his probation order four times by: 1) failing to keep the peace and be of good behaviour by getting arrested again, 2) failing to reside where directed, 3) failing to complete 100 hours of community service, and 4) failing to provide proof of completion.

Result:

My client has a lengthy record, which includes numerous prior breaches, for which he has served jail time. I negotiated that he plead guilty to only two of the charges, and the Crown withdrew the other two. The Crown sought a lengthier jail term this time. I argued against that; arguing, instead, for a fine. The judge agreed with me. However, she imposed a unique form of restorative justice, by requiring his to pay a charitable donation and to write a 100-word essay on the importance of obedience to the law in a free and democratic society. He ended up only writing about 300 words, and it appeared to be simply copied and pasted from Google. The judge was upset about this, but ended up not sending him to jail anyway, and considered his sentence to be served. No further penalty was imposed.…

No Jail for Crack, Heroin and Meth Dealer

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession of Crack Cocaine for the Purpose of Trafficking; CC: s.354: Proceeds of Crime, 145(3) – Breach of Recognizance

Allegations:

During the course of an ongoing drug investigation against an associate of my client, and after witnessing four separate drug transactions, the police pulled over my client, who was driving this associate’s vehicle at the time. She was a suspended driver and did not possess a driver’s license. The associate ran away. He was chased and caught by the police, who beat the #&@! out of him. My client was taken into custody without incident. A search incident to arrest revealed that my client was in possession of over $2800 cash and some crack cocaine. Located in the vehicle was drug paraphernelia and evidence of trafficking. On the co-accused was found nearly $1600 in cash, a loaded handgun (that had been reported stolen from a local shooting centre), 12 grams of crack cocaine, 14 grams of heroin, 1 gram of meth and other drug paraphernelia. A search warrant, executed on their hotel room, led to the seizure of boxes of ammunition and more drug paraphernelia.

Result:

Prior to trial, my client accepted the Crown’s resolution proposal and tendered pleas of guilty to the lesser and included offence of 4(1) – simple possession, rather than PPT, and to the breach for not reporting to probation as directed. She received fines totalling $600. No jail.…

Charges Withdrawn in Repeated Domestic Violence

  • 8 April 2015
Charge(s):

CC: s.266 x 2 – Assault, s.264.1 x 2 – Uttering Threats, s.145(2) – Fail to Attend Court, s.264(2) – Criminal Harassment, s.145(3) – Breach Recognizance x 2

Allegations:

My client assaulted his girlfriend on two separate occasions, failed to attend court, and breached his conditions of release by threatening and harassing her.

Result:

He was sentenced to one day on the breaches and entered into a peace bond in relation to the substantive charges.…

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