DRUG OFFENCES

Possession Charge and Tickets – Withdrawn (AMP)

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Charges:

CDSA: s.4(1) – Possession of a Controlled Substance (Shatter); TSA Tickets x 2.

Allegations:

After getting pulled over for a traffic infraction, my client admitted to having consumed marijuana prior to driving, as the indicia of impairment were obvious.  He then provided to the police 10 grams of shatter, along with accompanying drug paraphernalia.

Result:

I was able to get him diverted out of the criminal justice system and into the Alternative Measures Program. Upon successful completion of the program requirements, his drug charge was withdrawn as were the two tickets.

Drug Dealer Gets 9 Months Probation

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Charges:

CDSA: s.5(2) – Possession for the Purpose of Trafficking; CC: s.355(b) – Proceeds of Crime

Allegations:

My client was found to be selling marijuana from his residence.

Result:

I negotiated a plea to simple possession only, instead of trafficking. He received a sentence of probation for 9 months. The other charge was withdrawn.

Charges Withdrawn in Drunken Domestic Tirade

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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

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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

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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.