Criminal Defence Lawyer Calgary

Charges Dropped for Drive-By Shootings

  • 8 April 2015
Charge(s):

CC: s.430(1) – Mischief

Allegations:

My client and his friends were driving around, doing drive-by shootings with pellet guns. Numerous persons were hit by the pellets.

Result:

After writing an essay about how a criminal record can affect his future, and paying a charitable donation of $80 to the Calgary Dream Centre, the charge was withdrawn. No criminal conviction.…

Charges Withdrawn in Drunken Domestic Tirade

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.264.1(1)(a) – Uttering Threats; CDSA: s.4(1) – Possession of Cannibis Resin (hashish)

Allegations:

My client assaulted his wife in their home while he was intoxicated. He became enraged, was pulling her hair and yelling at her, then punched a hole in the wall beside her. He then grabbed her by the arms and pushed her by the chest and throat up against the wall to make him listen to her. She is deaf. He was talking too fast for her to read his lips. She asked him to let her go because she had to use the bathroom. He would not, and she ended up urinating in her pants. My client then started talking about her daughter and stated that he wanted to kill her. He insisted that she drive him to Calgary to see her and her father. His wife told police that he loses his temper many times every day, where he yells, screams, swears and calls her names. He also smokes drugs every night in order to calm himself down and to relax. That night, my client was heavily intoxicated by alcohol, combined with prescription medication. After forcing her to drive him, and while they were driving toward Calgary, my client continued with his tirade and was grabbing the wheel of the vehicle. She pulled over and flagged down a passerby to call the police. While police were dealing with him, he was instantly rude, aggressive and extremely beligerant toward the officers. He refused to obey directions or to answer simple questions, telling the police to “f” off and that it was none of their f-ing business. While handcuffed in the back seat of the police cruiser, he continued to shout profanities and to yell obscenities at the officers, trying to break the door open with his upper body. His wife turned over to police a large block of hashish that she took from my client. The vehicle was also strewn with open and empty cans of beer.

Result:

On the day of trial, the Crown agreed to resolve with a Peace Bond for 12 months. The only conditions being to abstain from the use of intoxicants. All charges were withdrawn. No convictions.…

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.…

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.…

Violent Offender Gets Probation Again for Attacking Police While on Release

  • 8 April 2015
Charge(s):

CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation

Allegations:

My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.

Result:

He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.…

Crack Dealer gets a CSO

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.

Allegations:

My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.…

Charges Withdrawn in Violent B&E and Assault with a Butcher Knife

  • 8 April 2015
Charge(s):

CC: s.348(1)(b) – Break & Enter and Commit Indictable Offence, s.127 x 2 – Disobey Court Order, s.267(a) – Assault with a Weapon

Allegations:

My client attended at her estranged husband’s residence, where he was having dinner with their 3 children and the new nanny. There was a restraining order in place to prevent her from having any contact with him. She was extremely upset and had tried to kill herself. Despite being told to leave repeatedly, and refusing to do so, she managed to storm into the house. She was quickly forced back out and left, only to return shortly thereafter, when she eventually managed to kick in the front door and gain entry. The kids were told to hide in the basement, while he tried to prevent her from getting to them. She ran to the kitchen, pulled out a butcher’s knife and tried to stab him. His son, grabbed a bayonet and was about to stab her with it, when his father wrestled the knife away from her. He then picked her up and threw her off the deck, whereupon she sustained some injuries. After laying unconscious on the ground for a while, she got back up and again tried to kick in the door while yelling and screaming. They held the door shut and barricaded it closed until the police arrived.

Result:

The Crown was seeking a custodial sentence. However, on the day of trial, and after extensive negotiations, the Crown entered a stay of proceedings on all charges, resulting in no criminal convictions.…

Repeat Offender Gets Lenient Sentence for B&E and Assault While Unlawfully At Large

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.733.1(1) – Breach Probation x 4, s.145(1(b) – Escape Custody / Unlawfully at Large x 3, 145(3) – Breach Recognizance x 10, s.348(1)(a) – Break and Enter a welling house with Intent to Commit an Indictable Offence, s.129(a) – Obstructing a Peace Officer.

Allegations:

My client failed to present himself, on three separate occasions, to the correctional facility where he was required to be a serving inmate on weekends. He was also on probation for prior convictions. He broke into his ex-girlfriend’s house, assaulted her, and breached the conditions of several Court Orders, including violating the terms of his release numerous times.

Result:

He pleaded guilty to some of the breaches, the UAL’s and to the amended charge of being Unlawfully in a Dwelling House (instead of B&E). In the end, he received a jail sentence of only 90 days, minus the cumulative time he spent in pre-trial custody. Considering his lengthy criminal record, the input from the victim, and a negative pre-sentence report, this was a very lenient sentence. All other charges were withdrawn.…

Charges Withdrawn for Death Threats and Misleading Police

  • 8 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering threats, s.137 x 3 – Breach Youth Court Order, s.129(a) – Obstruct Police Officer by giving a false name, s.145(2)(a) – Fail to Attend Court.

Allegations:

My client was on probation for other offences when she attended at a party one night, in contravention of her conditions, and threatened to stab someone with a knife. She then lied to the police about her name when they arrested her.

Result:

All charges withdrawn on day of trial. No criminal convictions.…

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