Criminal Defence Lawyer Calgary

Spousal Assault, Firearms and Breaches, all Withdrawn

  • 8 April 2015
Charge(s):

CC: s. 266 – Assault, s.86(1) – Careless Storage of a Firearm, s.145(3) x 2 – Breaches of Recognizance; PAFVA: s.13.1(1(a) x 2 – Breaches of Emergency Protection Order

Allegations:

My client was accused of assaulting his wife during a heated argument over car keys by grabbing her and throwing her to the floor. She claimed that she cried out to their teenage son for help and that he had to physically pull my client, his father, away from his mother. Police seized a dozen various types of firearms scattered on the floor and shelves of the closet and ammunition within close proximity. One firearm in particular, a .22 Ruger was found in its case with 25 rounds of ammunition in the clip and ready for use. Within a few weeks of his release from custody, he was charged with breaching his conditions to stay away from her and to not attend at her residence. She reported numerous complaints in this regard, including, him telephoning her, sending her text messages, meeting her at a restaurant and going into her house and garage.

Result:

Both matters were scheduled separately for trial, as my client had a defence to most of the charges. Further to resolution negotiations, I persuaded the Crown to agree to withdraw all charges, upon him entering into a Peace Bond for a period of one year. Despite his criminal record, and despite the fact that he had already had a previous assualt charge and weapons charge dealt with by way of a Peace Bond, I was still able to negotiate the withdrawal of all criminal charges. No criminal convictions.…

All Charges Withdrawn in Violent Attack with a Knife While on Bail for Stabbing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

Stabbing Charge Reduced to a Weapon Offence and a Fine

  • 8 April 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.267(b) – Assault Causing Bodily Harm, 145(3) – Breach of Recognizance

Allegations:

Following an altercation with some guys at a house party, my client returned to his residence, retrieved a kitchen knife, and returned to the residence in order to confront a particular individual. During a fight, out on a sidewalk, with two other guys, my client stabbed one of them with this knife in the gut. He was on bail for another incident (also involving an assault with a knife) at the time of this offence, and therefore was in breach of his release conditions.

Result:

On the day of trial, my client accepted the Crown’s proposal to resolve by way of guilty pleas to “possession of a weapon for a dangerous purpose” and the breach. All other charges were withdrawn. He paid fines totalling $750. No jail.…

Serious Violent Offender Gets Probation and Charges Withdrawn

  • 8 April 2015
Charge(s):

1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.

Allegations:

My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.

Result:

Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.…

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.…

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.…

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.…

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