Criminal Defence Lawyer Calgary

Time Served & Probation for Multiple High Speed Chases & Stolen Property

  • 8 April 2015
Charge(s):

CC: 129(a) – Obstruct Peace Officer, s.334(b) – Theft x 2, s.249.1(1) – Fail to Stop Motor Vehicle in order to Evade a Peace Officer, s.430(1)(a) – Mischief, s.355(b) – Possession of Stolen Property – s.145(5) Fail to Attend Court x 3; TSA: s.53(1)(b) – Display unauthorized licence plate x 2, s.54(1)(a) – Drive without Insurance, s.94(2) – Drive while unauthorized x 3; s.166(2)(c) – Fail to Remain Stopped until Permitted to Leave by Peace Officer – PTA: s.2(1)(a) – Trespassing.

Allegations:

After having served numerous months in prison for engaging the police in a high speed car chase with his five year-old son as a passenger, my client became homeless, jobless and alone, surviving on the streets by stealing and squatting in other people’s property. After stealing gasoline, my client was pursued by the police. He initially pulled over, but then accelarated as the police officer approached his vehicle. The officer gave chase, but my client got away. 30 minutes later, the police caught up to him and again, he escaped after a high speed chase. My client had warrants for his arrest, he had no insurance and his license had been suspended for failing to pay child support. While on release for these offences, he stole a camping trailer, in order to have a place to live. Again, while on release, the police tried to detain my client for driving a vehicle with a license plate that belonged to a different vehicle. My client initially pulled over, but then sped away when the officer approached his window, causing the officer to run after the vehicle. He then engaged the police in a high speed chase, resulting in his escape, only to be tracked down and arrested shortly therafter. Again, while on release, my client continued to drive while unauthorized and with a licence plate that belonged to a different vehicle. He also failed to attend court on a few occasions. The final incident which caused him to remain detained until disposition is that he was found living inside someone’s camping trailer within the grounds of the storage facility. When the owner went to check on her trailer, she noticed that someone appeared to living inside. The police located my client hiding in the bathroom at the rear of the trailer. My client confessed to all of his crimes during police interviews.

Result:

A Pre-Sentence Report and a Psychological Assessment were completed prior to sentencing. He was sentenced to one day, no warrant of committal, taking into account nearly four months of pre-trial custody, followed by a period of probation for 18 months. He was also required to pay several fines in relation to the traffic safety offences.…

Violent Man Gets 3 Months & Probation For Tormenting Girlfriend

  • 8 April 2015
Charge(s):

CC: s.348(1)(b)/266 – Break and Enter and Commit Assault, s.266 – Assault, s.264.1(1)(a) – Uttering Death Threats, s.430(1)(a) – Mischief; PAFVA: s.13.1(1)(a) x 12 – Breach of Emergency Protection Order.

Allegations:

My client had just gotten out of jail, after serving a two-month sentence for assaulting his girlfriend. He went straight to her residence, contrary to the provisions of an Emergency Protection Order. A physical altercation ensued, during which he forced her to the floor, took the phone from her, ripped her hair out and punched her in the face several times. He threatened to kill her if she tried to call the police. She calmed him down. He then left to meet up with a friend to do some business. While he was out, she called 911. He returned shortly thereafter. She locked herself in the bathroom. He kicked in her front door and found her to be on the phone with the police, so he fled the residence, vowing to kill her, as he fled. She suffered numerous injuries. He had also assaulted her the year before and threatened to burn down her entire apartment building. She has an ongoing fear that he will in fact kill her. Two days later, he showed up at her front door and was trying to get in. She did not respond. Instead, she called 911 again. While waiting for the police to arrive, he sent her numerous sexual messages, followed by threatening text messages, including the following words: “I’ll be waiting for you in the darkness when you leave to go to work. I’m going to knock you right the fuck out and drag your lifeless body into my world. I hate you with a passion…Hope you’re ready to die, you greedy fucked slut. See you in the morning. I’m gonna smash your fucking brains in, pull your dead corpse back upstairs and take everything you have. You’re dead as soon as you come outside!!! DEAD!!! You ruined my life…I can’t wait to ejaculate over your dead body. You’ve got me out on the streets for the last time. I’m gonna make sure you lose everything.” He was arrested later that day. While in the Remand Centre, he attempted to contact her at least 10 more times.

Result:

In advance of the trial date, I persuaded the Crown to withdraw the B&E charge, and to agree to time served (3 months), followed by probation for one year, with a focus on mental health counseling. The judge refused to accept the joint proposal and sentenced him to an additional 3 months, followed by probation for 18 months. My client had a lengthy and related criminal record, including two prior convictions for assaulting and threatening to kill the same victim.…

Charges Withdrawn on Subsequent Impaired Hit and Run

  • 8 April 2015
Charge(s):

CC: s.259(4) – Driving while Disqualified, s.252(1)(B) – Hit and Run; TSA: s.167(A)(A) – No Licence, s.115(2)(B) – Careless Driving, s.167(1)(C) – Fail to Produce Insurance, s.54(1)(A) – Drive with no Insurance, s.94(2) – Drive while Unauthorized.

Allegations:

My client was a suspended driver due to an Impaired/Refusal conviction. While driving his vehicle, he lost control and slid into a parked vehicle. He failed to remain at the scene and drove away without making any attempt to contact the owner. This was observed by 5 witnesses.

Result:

After resolution discussions with the Crown, all charges and tickets were withdrawn. No criminal convictions.…

Reduced Fine on Impaired Driving Accident, Breaches and Numerous Tickets

  • 8 April 2015
Charge(s):

CC: s.253(1(a) – Impaired Driving, s.254(5) – Refusal to Provide a Breath Sample, s.733.1(1) – Breach Probation Order x 3; TSA: s.51(a) – No driver’s license, s.52(1)(a) – No registration, s.54(1)(a) – No insurance, and s.53(1)(b) – No license plate.

Allegations:

My client was observed by the police to swerve all over the road and to finally lose control and get his vehicle stuck in a ditch. He was extremely intoxicated. He was on probation for an assault charge. He had a lengthy criminal record.

Result:

He pleaded guilty to only one charge and received a fine of only $1500. No insurance alone is a fine of $2875. All other charges were withdrawn.…

Dangerous Driver with 5 Priors for Impaired Driving Gets Off Easy

  • 8 April 2015
Charge(s):

CC: s.249.1(1) – Fail to Stop Vehicle While Pursued by Police, s.249(1)(a) – Dangerous driving, s.249(4) – Drive While Disqualified, s.733.1(1) x 2 – Breach Probation Order; TSA: s.54(1)(a) – No Insurance, s.52(1)(a) – No Registration; GLA: s.50 – Unlawful Possession of Liquor.

Allegations:

My client was prohibited from driving, as a result of five prior convictions for impaired driving. The police recognized him driving and tried to pull him over. He drove off at a high rate of speed, through a residential neighborhood, cutting corners by driving over lawns. He was intoxicated at the time and was bound by conditions of probation as well. He had a lengthy and related criminal record. The Crown was seeking a significant period of incarceration.

Result:

He pleaded to a few lesser and included offences and was sentenced to 9 months, minus pre-trial custody, resulting in 6.5 months, followed by 2 years of probation and a further three year driving prohibition.…

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