Criminal Defence Lawyer Calgary

Charges Withdrawn in Drunken Domestic Tirade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 All charges were withdrawn.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.…

Small fine on 4th Conviction for Drug Trafficking

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking; TPA: s.3 – Trespassing

Allegations:

My client was reported to be trespassing on CP Rail property. Police found my client to be walking on the railway tracks. When they saw them, he attempted to avoid the police by walking up a steep wooded hill. Police caught up to him on the hill and noted a very strong odour of fresh marijuana. Police searched his backpack and found it to contain: 5 separately packaged large bags of marijuana, 3 scales and, in his pockets, 25 empty dime bags. The total weight of the marijuana was just over 159 grams, with a street value of approx. $1500.

Result:

My client had a criminal record, including 3 prior convictions for drug related offences. Despite his prior and related record, and despite the fact that he had already served jail time for his last drug offence, I convinced the Crown to agree to a low fine, with no jail time. Unfortunately, my client did not appear for his sentencing and a warrant issued for his arrest.…

Drug Trafficking Charge Reduced to Simple Possession and a Fine

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking

Allegations:

My client was stopped by police relating to a traffic safety issue. While speaking to my client, the police smelled an odour of raw marijuana emanating from the inside the vehicle. Police searched the vehicle and found five half-pound bags of marijuana, totaling 1380 grams, worth thousands of dollars.

Result:

My client has a related criminal record and convictions dating back to 1978. As a result of my negotiations with the Crown, they agreed to drop the PPT charge and accept, instead, a plea to simple possession only. Instead of serving several years in prison, my client paid a fine of $3000, and was granted 12 months to pay it. No jail time.…

Drug Dealer Avoids Jail Again

  • 8 April 2015
Charge(s):

CDSA: s.5(1) – Trafficking; CC: s.354 – Proceeds of Crime

Allegations:

The police received a tip that my client was selling drugs. Undercover officers contacted my client and made arrangements to purchase one ounce of marijuana from him. My client met the officers, took their money and had them drive him to his alleged dealer’s residence. He went inside, then a short while later, was seen running away out the back door. The police caught him and were surprised to find that he had no drugs on him. Initially, he was charged with Possession for the Purpose of Trafficking, so I tendered a plea of “not guilty,” and scheduled a trial date. Unfortunately, the Crown noticed the error and laid a replacement information properly charging him with trafficking instead.

Result:

My client had a lengthy criminal record, and previous drug-related convictions, including one conviction for production. The Crown was seeking jail in the range of 30 to 60 days, but I convinced them to agree to a fine, instead. They sought a fine of $1000, I argued for less, the Court ordered $750, with 6 months to pay.…

Drug Charge Withdrawn

  • 8 April 2015
Charge(s):

CDSA; s.4(1) – Possession of a Controlled Substance

Allegations:

My client was stopped for speeding. The police officer asked him why his car smelled like marijuana. My client handed him a mug containing 8 grams of marijuana.

Result:

He was diverted out of the criminal justice system. After performing 30 hours of community service, the charge was withdrawn. No criminal conviction.…

100 Grams of Marijuana – Drug Trafficking Charge Withdrawn at Trial

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking

Allegations:

My client was a passenger in his own vehicle when they were pulled over on the highway for driving 120 in a 110 zone. Police observed flakes of marijuana on the floor and smelled freshly smoked marijuana inside the vehicle. While the occupants were detained, police found over 100 grams of marijuana inside a bag in the trunk. After threatening to arrest everyone, unless someone confessed, my client admitted ownership. They were all released at the scene. My client was charged only at a later date. Given the problems with respect to voluntariness and the Crown’s problems in proving both possession and trafficking, I scheduled the matter for trial.

Result:

On the day of trial, the Crown withdrew the charge, resulting in no criminal conviction.…

Charges Withdrawn for B&E House Trashing and Drugs

  • 8 April 2015
Charge(s):

CC: 348(1)(d) – Breaking and Entering; CDSA: s.4(1) – Possession of a Controlled Substance

Allegations:

My client and his 2 friends broke into a house, caused damages to the property in excess of $5000, and were caught hiding inside the residence by the police. They were also found to be in possession of some marijuana.

Result:

My client was referred to the Extra-Judicial Sanctions Program and all of the charges were withdrawn, after he completed 20 hours of community service. No criminal convictions.…

Cocaine Charge Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of a Controlled Substance

Allegations:

As my client’s friend drove by a police car, they observed my client cutting up lines of cocaine on the dash of his car. Police stopped them and seized two baggies of cocaine.

Result:

My client was referred to the Alternative Measures Program and the criminal charge was withdrawn, after he made a small charitable donation. No criminal conviction.…

Drug Dealer Avoids Jail on Serious Charges

  • 8 April 2015
Charge(s):

CDSA: s. 5(1) – Trafficking x 3, s. 5(2) – Possession of the Purpose of Trafficking x 2; CC: s.254 – Proceeds of Crime, s. 88(1) – Possession of a Weapon for Dangerous Purpose

Allegations:

My client sold a total of almost 70 grams of marijuana to an undercover officer on three different occassions. A search warant was executed at his residence and an additional 120 grams of marijuana was located, as well as 20 grams of hashish and pepper spray.

Result:

My client pleaded guilty to the three counts of trafficking only. All other charges were wthdrawn. He received a Conditional Sentence Order. No jail.…

Cocaine Dealer Gets 2 Years, Instead of 5, for 1 kilo

  • 8 April 2015
Charge(s):

CDSA: s. 5(2) – Possession of Cocaine for the Purpose of Trafficking, 4(1) – Possession of Crack Cocaine.

Allegations:

My client was pulled over in Swift Current, Saskatchewan for not wearing his seat belt. While speaking to my client, the police officer noticed flakes of marijuana on the floor of the vehicle and arrested him for possession of a controlled substance. The vehicle was searched incidental to arrest and 1080 grams (1 kg) of cocaine, as well as 1 gram of crack cocaine were seized from inside the vehicle.

Result:

In light of my client’s related criminal record, which includes a 15-month sentence of imprisonment for cultivation of a narcotic (residential grow op consisting of 256 marijuana plants), the Crown was initially seeking a period of incarceration of 4-5 years. However, at sentencing, my client ended up getting only 2 years, plus a day, in a federal institution, of which he will serve no more than 8 months.…

Gracia Law
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 9754529 URL of Map