Criminal Defence Lawyer Calgary

Drugs, Knife, Stolen Gun, Breaches – All Charges Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of Methamphetamine; CC: s.86(2) – Transporting an unsecured rifle in a motor vehicle, s.355(b) – Possession of stolen property (rifle), s.145(3) x 2 – Breach recognizance

Allegations:

After my client was pulled over for traffic violations, police discovered that there were warrants for his arrest on other charges. A search incident to arrest of his vehicle revealed a bag of methamphetamine, drug paraphernalia, a knife and a stolen rifle.

Result:

All charges were withdrawn on the day of trial. No criminal convictions.


Drugs and Loaded Firearms in National Park Charges Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s. 5(2) – Possession of Psilocybin (magic mushrooms) for the Purpose of Trafficking; CC: 94 x 2 – Unauthorized Possession of a Firearm in a Vehicle, s.92(1) x 2 – Unauthorized Possession of a Firearm, s.117.01(1) – Prohibited Possession of a Firearm; CNPA-NPWR: s.20(3) – Possession of a Loaded Firearm in a Vehicle.

Allegations:

While driving through Banff National Park, near Lake Louise, on her way back from BC, my client was with her boyfriend and another friend, when the RCMP pulled them over for speeding at a rate of 140 kms/hr in a 90 zone. While dealing with the driver, the police officer could detect a faint odor of marijuana coming from the vehicle. He detained them for a drug investigation and deployed a narcotic detection canine, who alerted police to the presence of narcotics. Police searched the vehicle and located a large quantity of magic mushrooms – three bags in the trunk, and one bag in the back seat, where my client was seated. Also found in the trunk were two firearms (rifles) and 381 rounds of ammunition. One of the rifles was loaded.

Result:

As a result of several Charter violations, and other triable issues, I tendered pleas of “not guilty” on behalf of my client and scheduled a date for a Preliminary Inquiry. Prior to this date, the Crown brought the file forward and withdrew all charges against my client. No criminal convictions.


Found Not Guilty in Horrific Home Invasion Robbery

  • 8 April 2015
Charge(s):

CC: s.344(b) – Robbery, s.348(1)(b) – Break and Enter and Commit Robbery (Home Invasion Robbery), s.145(3) – Breach of Recognizance; YCJA: s.137 x 5 – Breach of Youth Court Order; CC: s.279(2) – Unlawful Confinement, s.268 – Aggravated Assault

Allegations:

My client, and five of her companions, left Manitoba in a stolen truck and headed toward BC, committing a string of offences on the way, including numerous gas thefts. While in Saskatchewan, an RCMP officer attempted to stop them. They initially pulled over, and then sped away as the officer approached the vehicle. They evaded the police by engaging in a dangerous high-speed chase on gravel roads. While in Alberta, they were running low on fuel and entered a farmyard, belonging to the victim. Three of them approached the front door and inquired about where they might obtain some gasoline. An elderly woman, the sole occupant of the residence, let them in while she made some calls. Upon her return to the front porch, she was severely beaten and rendered unconscious. She fell down the stairs to the basement and was assaulted again repeatedly while she lay unconscious. At this point, the others entered the residence and ransacked her home, stealing numerous items and leaving a chainsaw in the hallway. She was tied up with a dog leash and an electrical cord. Inside her purse, they found the keys to her SUV. They ditched their stolen vehicle behind a barn and sped away in their new stolen vehicle, belonging to the elderly woman. As they drove through Alberta, they purchased items with the cash and credit cards that they stole from her. My client’s boyfriend got arrested in Medicine Hat, while the others were in McDonald’s, after a witness reported him assaulting her in the parking lot. The others continued driving to BC. My client was driving at a very high rate of speed when she failed to make a corner and rolled the vehicle several times. That is when they were all finally taken into custody.

Result:

I am the only lawyer who pleaded “not guilty” on behalf of my client to these charges, and insisted on taking it to trial. All of the co-accused pleaded guilty and received extremely high sentences. My client’s brother, who appeared to be the least culpable, received the maximum jail sentence allowable under the Youth Criminal Justice Act (three years jail, plus probation for two years). The other co-accused, because they were adults, received much higher sentences; the most culpable was sentenced to six years in prison. After conducting a lengthy trial, the judge found my client “not guilty” of all charges, but did find her guilty to the lesser and included offence of theft under (instead of robbery), and to being unlawfully in a dwelling house (instead of B&E). We ordered a Pre-Sentence Report and adjourned sentencing. I persuaded the Crown to join me in a recommendation for time served, plus probation with some community service hours. The only reason she spent five months in pre-trial custody is because she fired her last lawyer for not being able to get her out on bail. I negotiated her release within a couple of weeks of being retained. Unfortunately for my client, she went AWOL and did not present herself at her sentencing, and a warrant issued for her arrest.


Drug Charge Withdrawn

  • 8 April 2015
Charge(s):

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

Allegations:

My client was pulled over for rolling through a stop sign while turning right, and then speeding through a playground zone. While dealing with my client, the police could smell marijuana. My client admited to being in possession of marijuana.

Result:

My client was referred to the Alternative Measures Program and the criminal charge was withdrawn, after he completed 30 hours of community service. No criminal conviction.


Meth Dealer Had a Good Defence but Counsel Had to Withdraw

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking (meth), s.5(2) – Possession for the Purpose of Trafficking (marijuana); CC: s.354 – Proceeds of Crime, s.90(1) – Carrying a concealed weapon (baton), s.86(2) – Contravention of Storage Regulations (Ammunition), s.88(1) – Possession of a Weapon for a Dangerous Purpose (baton); TSA offences (no insurance, no license, plate improperly secured).

Allegations:

My client was pulled over for not having his license plate properly secured. While looking in a bag for his registration, the police noticed a large bag of marijuana. Search incident to arrest revealed a bag full of other items in support of drug trafficking (a large bag of meth, a weigh scale, baggies, cash, a collapsible baton, 5 cell phones and a box full of ammo for a 9mm handgun). Moreover, the phones were ringing during his arrest with numerous people seeking what police believed to be drugs.

Result:

My client had a strong defence that would have secured for him an acquittal on all charges. Unfortunately, due to ethical considerations, I was forced to seek to be removed as counsel of record on the day of trial. He will need to obtain new counsel to assist him with his defence at a new trial date. The Crown was seeking 3 or 4 years in jail. He would most likely have been found “not guilty” on everything.


Gracia Law
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
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