Drug Dealer Avoids Jail Again
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.
Charges Withdrawn for B&E House Trashing and Drugs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My client was referred to the Extra-Judicial Sanctions Program and all of the charges were withdrawn, after he completed 20 hours of community service.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.
Drug Dealer Avoids Jail on Serious Charges
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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
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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
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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.
