Drug Trafficking Charge Reduced to Simple Possession and a Fine
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.
Drug Dealer Avoids Jail Again
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Charge(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Drug Charge Withdrawn
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Charge(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
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Charge(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.
Charges Withdrawn for B&E House Trashing and Drugs
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Charge(s):
CC: 348(1)(d) – Breaking and Entering; CDSA: s.4(1) – Possession of a Controlled Substance
Allegations:
My client and his 2 friends broke into a house, caused damages to the property in excess of $5000, and were caught hiding inside the residence by the police. They were also found to be in possession of some marijuana.
Result:
My client was referred to the Extra-Judicial Sanctions Program and all of the charges were withdrawn, after he completed 20 hours of community service. No criminal convictions.