Small fine on 4th Conviction for Drug Trafficking
Small fine on 4th Conviction for Drug Trafficking
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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
Read moreCharge(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.
