Criminal Defence Lawyer Calgary

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.


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.


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.


All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing

  • 8 April 2015
Charge(s):

CC: s.88(1) – Possession of a weapon for a Dangerous Purpose, s.266 – Assault, s.267(a) – Assault with a Weapon, s.264.1 – Uttering Death Threats, s.430(4) – Mischief, s.145(3) x 4 – Breach of Recognizance; CDSA; s.4(1) – Possession of a Controlled Substance

Allegations:

My client entered his girlfriend’s bedroom (in his house) and found her in bed with his friend and roommate. He became enraged and attacked both of them by throwing his girlfriend and repeatedly punching his friend and trying to choke him. He then smashed his friend’s laptop computer and struck him by throwing glass mugs at him. He then produced a knife and threatened to kill him. The police attended and found some marijuana in my client’s room. He was on bail for allegedly stabbing another person at the time of this incident.

Result:

On the day of trial, none of the witnesses appeared, therefore the Crown entered a Stay of Proceedings in relation to all charges against my client. No criminal convictions.


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.


Two Weeks for Multiple and Repeated Breaches

  • 8 April 2015
Charge(s):

CC: s.137 x 8 – Breach of Youth Court Order, s.145(3) x 18 – Breach of Recognizance, s.811 – Breach of Court Order, s.334(b) – Theft

Allegations:

My client repeatedly breached numerous conditions of several different court orders.

Result:

The court refused to release him again after the last set of breaches. He got out with time served (2 weeks) and a global fine of $500.


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.


Charges Withdrawn Because Accused Too Drunk

  • 8 April 2015
Charge(s):

CC: s.430(1)(a) – Mischief; GLA: s.115(1) – Public Intoxication, s.UHRRR: s.107(1) – Tampering with a Motor Vehicle

Allegations:

My client, while extremely intoxicated and under the influence of narcotics, was seen stumbling around through a residential neighbourhood. When asked to get off someone’s property, my client approached their front door and attempted to confront them. The home owners locked themselves inside and called the police, while my client banged on their front door and damaged their garage door. He was then observed to be pulling at the door handles to their truck, with his pants down. When police arrived, he was still trying to get into their truck. While being transported to the police station, my client defecated and urinated himself and vomitted repeatedly.

Result:

I tendered pleas of “not guilty” to all charges and scheduled a trial date. On the day of trial, the Crown entered a Stay of Proceedings, efectively withdrawing the criminal charge, as well as the tickets. I had persuaded the Crown that because this was an offence of specific mens rea, and because he was certainly in a state of advanced intoxication, he could not possibly have formed the requisite intent to commit this particular criminal offence. No criminal convictions.


Charges Reduced to Tickets for Crashing Vehicle into Store While Drunk

  • 8 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired Driving, s.249(1)(a) – Dangerous Driving, s.335 – Take Motor Vehicle Without Owner’s Consent; TSA: s.51(a) – Drive Without a Valid Operator’s Licence, s.69(1)(a) – Fail to Remain at the Scene of an Accident, s.54(1)(a) – Drive Without Insurance.

Allegations:

My client was driving his sister’s boyfriend’s car, without his knowledge. On his way home, with his sister as a passenger, he lost control of the vehicle and drove through the store front windows of a pizza place. He fled the scene and was located at the vehicle owner’s residence a short time later, with broken glass in his clothes and blood on him and inside the vehicle driver’s seat. He was obviously impaired by alcohol. He did not have a driver’s license, nor was he insured to drive that car.

Result:

As a result of resolution discussions with the assigned Crown, the matter was brought forward from its scheduled trial date for a resolution. My client changed his pleas to guilty on only two traffic tickets (driving with no license and failing to remain at the scene of an accident). He paid fines, totaling $600, plus VFS, with three months time to pay. All other charges were withdrawn. 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.


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