Successful Cases
Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.
JUMP TO: DUI OFFENCES · VIOLENT OFFENCES · SEXUAL OFFENCES · PROPERTY OFFENCES · DRUG OFFENCES · CRIMINAL DRIVING OFFENCES · PROVINCIAL TRAFFIC TICKET OFFENCES · WARRANT CHARGES · OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE · DRIVING OFFENCES · FIREARMS AND WEAPONS OFFENCES · YOUTH OFFENCES · BREACH OFFENCES
DUI Offences
Charges Stayed, Withdrawn, or Acquitted
Case Number: 75790038
Our client was arrested after someone called police to report a suspicious vehicle parked at a gas station. When officers arrived, they noticed that our client’s vehicle was parked, its left tires were ripped and deflated, and our client was sitting on the passenger side looking around for something. When officers approached our client, he immediately admitted to having a few drinks, which prompted the officer to demand a breath sample. Our client complied but was unable to provide an adequate sample. After several failed attempts, our client was arrested for failure to provide a sample.
Upon being retained, we immediately requested disclosure and thoroughly reviewed the police body-worn camera footage of the arrest. In doing so, we noticed several violations of our client’s Charter rights and promptly filed a Charter application. As a result of our findings, the Crown Prosecutor stayed the charge and our client avoided a criminal record.
Successful Result: Charge Stayed; No Criminal Record
Case Number: 55582522
Our client was charged after a hotel clerk complained to police that he was intoxicated and causing a disturbance. When police arrived, one officer noticed that our client’s eyes were red and glassy, his breath smelled of alcohol and he was acting agitated. As a result of these observations and the complaint, our client was arrested for Causing a Disturbance. Once in the police vehicle, our client was instructed to provide a breath sample, which he refused. The officer then added a Refusal to Provide a Breath Sample charge against our client.
Upon being retained, we immediately ordered disclosure and pointed out a Charter violation in the arrest process. We submitted a notice of this violation to the Crown Prosecutor and set the matter for trial. Based on the Charter notice and subsequent negotiations with the Crown, our client’s refusal charge was withdrawn in exchange for a guilty plea to causing a disturbance. As a result, our client paid a small fine and did not lose his Licence.
Successful Result: Charge Withdrawn; Fine
Case Number: 55792555
Our client was pulled over when a nearby police officer suspected that he was driving while impaired. The officer demanded a breath sample which our client did not refuse. However, his significant anxiety issues and resulting chest pains caused him to not be able to provide an adequate sample. As a result of this, our client was immediately arrested and charged with refusal to comply with a breath demand.
Upon being retained, we ordered and reviewed disclosure and discovered several Charter violations over the course of the investigation. We filed a Charter Notice on our client’s behalf outlining these issues and illustrating the improper police investigation. As a result of this Charter Notice and the medical documentation, all charges were withdrawn.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 55272396
Our client was arrested following a traffic stop during which the police officer demanded he provide a breath sample. The police were originally contacted by an individual who allegedly observed our client’s vehicle driving through a parking lot seeming impaired. When police located our client, they immediately conducted the traffic stop without incident. When the officer spoke to our client, he noticed our client smelled of alcohol and had red, glazed eyes. The officer immediately demanded our client provide a breath sample, which was inconclusive after several failed attempts. Our client was then arrested and charged with refusal to provide a breath sample.
Upon being retained, we ordered disclosure and identified several technical issues with the police investigation. We raised these with the Crown Prosecutor and successfully argued that based on these, the charge should be withdrawn. As a result of these discussions, the Crown stayed the charge against our client.
Successful Result: Charge Stayed; No Criminal Record
Case Number: 1713741
Our client was driving home from a night out with a friend when he turned the wrong direction onto a one-way road. He immediately noticed his mistake and began to make a U-turn when he was pulled over. The police officer asked our client if he had anything to drink, to which he responded “yes” and was instructed to get out of his vehicle. When the officer mentioned that another officer would soon bring a roadside test, our client stated that his lawyer advised him not to provide a sample and he intended to follow those instructions. After refusing the officer’s demand, our client was arrested for refusing to provide a breath sample.
Upon being retained, we immediately requested disclosure, including the body-worn camera footage from the police officers. We discovered several problems with the investigation, including a Charter violation and raised these with the Crown Prosecutor. As a result of our negotiation, the Crown withdrew the charge against our client.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 1783724
Our client was arrested for impaired driving after an officer noticed him idling in his truck on a side road late one evening. Despite our client’s contention that he had only one beer, the officer arrested him and took him to the police station where he was required to provide a breath sample. The sample showed that our client was intoxicated beyond the legal limit and as a result, he was charged with driving while impaired and operation of a vehicle over 80mg%.
Upon being retained, we reviewed disclosure and our client’s medical history. The disclosure revealed significant issues with the investigation and the infringement of our client’s Charter right to legal counsel. The medical history revealed that our client had a salivary gland condition that he treated with mouthwash. At trial, these issues were brought before the court, and after a lengthy cross-examination of the arresting officer, the Crown Prosecutor withdrew all charges.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 75790088
Our client was arrested after a witness noticed his car driving onto a curb and coming to a stop. When the witness approached our client’s vehicle, she noticed that he was intoxicated and that there was a young child in the vehicle with him. At that point, the witness contacted police. When police arrived, our client and the child were out of the car and the officer noted that our client was slow to respond, uneasy on his feet and that he smelled like alcohol. Our client was then arrested for impaired driving.
Upon being retained, we immediately requested disclosure and noticed several inconsistencies within the police report. We raised these with the Crown Prosecutor and successfully persuaded the Crown to enter resolution discussions without proceeding to trial. As a result of these discussions, the Crown agreed to withdraw the charges against our client.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 25690248
Our client was driving late at night on icy roads when he was cut off by another vehicle, sending him into the ditch. While waiting for a tow truck, an officer arrived on scene and administered a roadside test. Our client was arrested for impaired driving and brought to the police station where a proper breath sample was obtained. The sample showed that our client was driving while intoxicated beyond the legal limit.
Upon being retained, we ordered disclosure and noted several issues with the officer’s investigation including the arrest and subsequent interactions with our client which were recorded on the officers’ body-worn camera. We brought the video to the attention of the Crown Prosecutor and based on this, the Crown agreed to stay the charge against our client.
Successful Result: Charges Stayed; No Criminal Record
Case Number: 59592530
Our client was driving home when he swerved to avoid an animal in the road, leading him to strike a light pole. He immediately contacted police and when the officers arrived, they asked our client if he had been drinking and immediately administered a roadside test which showed that he had alcohol in his system. He was then arrested and taken to the police station where officers demanded a proper breath sample. The sample that our client provided showed that he was intoxicated beyond the legal limit. As a result, our client was charged with impaired driving.
Upon being retained, we immediately ordered disclosure and discovered several significant Charter violations as well as violations of police policy. We raised these with the Crown Prosecutor and based on this, the Crown agreed with withdraw the charge against our client.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 55592573
Our client lost control of his vehicle and as a result, it rolled over and struck a power pole. Both a witness in a nearby home and our client contacted police to report the incident. When police officers arrived, they asked our client if he had anything to drink, to which he responded “no”. The officer then demanded a breath sample but stated that because our client was smoking a cigarette, they would have to wait 20 minutes before taking the sample. Our client was put in the back of the police vehicle and an audio statement was taken from him. About two and a half hours later the officers took several breath samples from our client which all failed to produce a result. Our client was then arrested and charged with operating a motor vehicle while impaired.
Upon being retained, we immediately ordered disclosure and found several Charter violations throughout the course of the investigation. We raised these with the Crown Prosecutor and as a result of these discussions, the Crown withdrew the charges.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 9793782
Our client was arrested for impaired driving following a late-night traffic stop, which the police officer alleged was initially conducted for speeding. When the officer asked our client if he had anything to drink, he responded that he had approximately two drinks a few hours before he was pulled over. The officer noted that his eyes were red and glossy and demanded a breath sample. Our client complied and subsequently failed the test.
Upon being retained, we immediately ordered disclosure and noticed several Charter violations during the traffic stop and subsequent arrest. We brought these issues to the Crown Prosecutor and as a result of these findings, the Crown stayed the charges against our client.
Successful Result: Charge Stayed; No Criminal Record
Case Number: 3734
Our client was leaving a conference in Banff when he reversed into another vehicle causing minor damage. He left a business card on the car and drove back to his hotel. Later, he returned to write another phone number on the business card and inspect the damage further. Staff at the hotel approached our client to inquire about the collision and recommend that he take a taxi home as he had been drinking at the hotel that evening. Our client obliged, returned to his hotel and went to sleep. In the early morning hours the following day, police arrived at his hotel room and demanded a breath sample. After initially resisting, our client eventually agreed to provide a sample which showed that he was intoxicated beyond the legal limit at that time. He was then arrested for driving while impaired earlier that evening.
Upon being retained, we immediately ordered disclosure and discovered several issues and Charter violations throughout the investigation. We pointed these out to the Crown Prosecutor and based on these, the Crown agreed to withdraw the charges against our client. We then successfully appealed our client’s license suspension with the Alberta Administrative License Suspension board. As a result of our efforts, our client avoided criminal charges and his license suspension was cancelled.
Successful Result: Charges Withdrawn; License Suspension Cancelled; No Criminal Record
Case Number: 55592579
Our client was involved in a car accident early in the morning. The police officer who attended the scene after the collision noticed that our client smelled like alcohol and began to question him. Our client told the officer that he had consumed a few drinks the night before. The officer then arrested our client on suspicion of impaired driving and brought him to the police station to retrieve a proper breath sample. There, our client provided two breath samples which showed that he was intoxicated beyond the legal limit.
Upon being retained, we immediately requested disclosure and took a detailed statement of events from our client. Upon a thorough review of the police body-worn camera footage of the arrest, we noticed several violations of our client’s Charter rights. We immediately filed a Charter Notice and as a result of our findings, the Crown Prosecutor withdrew the charges.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 75480015
Late one evening, our client was involved in a minor collision with another vehicle in a parking lot. When police arrived, one officer noticed that our client’s eyes were glossy, his breath smelled of alcohol, and he was visibly upset and pacing during the investigation. Based on this, police arrested our client and immediately demanded a breath sample which showed that our client was intoxicated beyond the legal limit.
Upon being retained, we ordered disclosure and discovered several Charter violations in the investigation. We filed a comprehensive Charter Notice on our client’s behalf, outlining the many ways our client’s rights were breached, and set the matter down for trial. As a result of the Notice and our advocacy, the Crown Prosecutor withdrew the charge before trial.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55572287
Our client was charged with Impaired driving, driving over 80 as well as failing to produce Insurance. Our client rear-ended another vehicle, and due to the severity of the collision the police were dispatched to the scene. Upon speaking to our client, our client admitted to drinking hard alcohol. The police also noticed a smell of alcohol coming from his breath, slow and deliberate speech, and a slow and unstable walk. The police formed the opinion that he was impaired, arrested him, and brought him back to the police station where he blew 0.280 and 0.270 on the evidentiary instrument.
Upon being retained we requested disclosure and set the matter for trial. We filed a Charter motion on our client’s behalf and both the Impaired Driving and the Over 0.08 charges were stayed prior to trial. Our client walked away with no criminal record, and was only required to pay a $233.00 fine for failing to produce valid insurance.
Successful Result: Charges Stayed, No Criminal Record
Calgary Provincial Court
Case Number: 5519791
Our client was initially observed by the police accelerating at a high rate of speed through a Walmart parking lot while on the wrong side of the road. Upon stopping, the police observed that his actions were slow and deliberate, his speech was slurred, and he admitted drinking earlier in the day. He failed the roadside breath test, blew .220 on the evidentiary instrument, and was charged with impaired driving, driving over .08, breaching his prior release, and some traffic tickets.
Once we were retained, we set a trial date immediately and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. A day before trial we successfully negotiated a stay of proceedings on all criminal charges in exchange for a guilty plea to one of the traffic tickets.
Successful Result: No criminal Record, Charges Stayed
Case Number: 555572284
Our client was charged with impaired driving and driving over 0.08 after the police saw him driving 20 km over the posted limit. They attempted to chase our client down, but could not catch him until he had pulled into his garage. As the garage door began to close, the police got out of their vehicle, went into our client’s garage and began questioning him. One officer reported smelling alcohol on our client’s breath, and demanded that our client accompany him to perform a roadside screening test. Our client failed the test and was arrested for impaired driving, and was brought back to the station where he blew 0.170 in the evidentiary instrument.
Upon being retained we examined our client’s disclosure and found multiple violations of his Charter rights. Specifically, we argued that the police violated our client’s rights to be free from unreasonable search and seizure when they trespassed onto our client’s property during their investigation. We also argued that the police failed to properly provide our client with his right to counsel. We sent our Charter notice to the Crown Prosecutor and all charges against our client were withdrawn prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 762101
Our client was pulled over by the police after running a stop sign. When the police approached our client’s vehicle to issue him a ticket, they reported being able to immediately smell alcohol coming from his breath, and also noticed that he had very slurred speech and red glossy eyes. Further, when the police asked our client to exit his vehicle for the purpose of performing a roadside screening test, it was reported that he could not keep his balance and that he immediately fell back down into his car. Our client was then arrested for impaired driving and brought back to the police station where he blew 0.200 and 0.210 in the evidentiary instrument.
Upon being retained we immediately ordered and reviewed disclosure, and found that our client’s rights had been violated a number of times throughout the investigation. We filed a comprehensive Charter notice on our client’s behalf and notwithstanding the strong evidence against our client, all charges were withdrawn prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 562032
Our client was pulled over by the police after she was observed driving at erratic and inconsistent speeds. The police pulled her over and noticed the smell of alcohol coming from her breath when she spoke. The police then asked her whether she had anything to drink, to which she replied yes. The police then administered a roadside screening device which registered a fail. Our client was arrested for impaired driving and brought back to the police station where she registered 0.140 on the evidentiary instrument.
Upon being retained we ordered and reviewed disclosure and found that the police made a number of mistakes that resulted in serious breaches of our client’s Charter rights. We drafted and submitted a Charter notice to the Crown Prosecutor, and then proceeded to discuss the weaknesses in the case against our client. On the basis of our advocacy, all of the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Calgary Provincial Court
Case Number: 7519721
Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath. He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.
Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. Days before trial, we successfully negotiated the withdrawal of all charges.
Successful Result: No Criminal Record, Charges Withdrawn
Canmore Provincial Court
Case Number: 7620141
Our client was stopped by the RCMP after being observed driving erratically. He had an odour of alcohol on his breath, blood shot eyes, and admitted drinking beer earlier in the day. He failed the roadside breath test, provided further breath samples at the RCMP station, and was charged with impaired driving and driving over .08.
Once we were retained, we carefully reviewed the allegations and found what we believed to be a fatal flaw in the RCMP investigation. We contacted the Crown Prosecutor’s office immediately, and successfully negotiated a withdrawal of all charges on our client’s very first court appearance.
Successful Result: No Criminal Record, Charges Withdrawn
Case Number: 562007
Our client was arrested and charged with Impaired Driving and Over 80 after the police received a complaint of an impaired driver leaving a bar in Airdrie. The police located our client and found him standing outside of the driver’s side door of his vehicle. Upon observing him and speaking with him, the police noticed that he was unable to maintain his balance, had extremely slurred speech, and smelled very strongly of alcohol. Our client was then arrested and brought back to the police station where he blew 0.170 in the evidentiary device.
Upon being retained we immediately ordered and reviewed disclosure. We identified multiple breaches of our client’s Charter rights and submitted a comprehensive Charter notice on that basis. Due to the strength of our anticipated arguments, the Crown Prosecutor withdrew the charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 5562043
Our client was arrested for Impaired Driving after a witness called the RCMP and reported that our client was seen driving in an extremely erratic manner all over the road. The RCMP located our client shortly thereafter, and observed him weaving in and out of his lane. The RCMP pulled our client over and noted that he had bloodshot eyes, a flushed face, and the smell of alcohol emanating from his breath. The RCMP asked our client to step out of his vehicle, and noted that our client also was unable to hold himself upright, and that he was staggering as he walked. Our client was then arrested and brought back to the police station where he blew 0.130 in the evidentiary instrument.
Upon being retained we immediately ordered and reviewed disclosure. We found that while investigating our client the RCMP had violated a number of his Charter rights. We subsequently submitted a Charter notice outlining the violations we had identified. As the Crown Prosecutor recognized they would have a low likelihood of success should the matter proceed to trial, both charges were dropped prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 562018
Our client was arrested for impaired driving after the police stopped him for driving at an excessively slow rate on the highway. While interacting with our client, the police noticed a strong odor of alcohol emanating from our client, very unsteady gait, slurred speech, and even saw our client vomiting. Due to his level of intoxication, our client was transported to the hospital for medical examination. At the hospital, our client’s blood was drawn and subsequently seized by the police. Upon testing, the results revealed that our client had a blood alcohol content of 173 milligrams in 100 milliliters of blood, and our client was then charged with driving Over 80.
Upon being retained we immediately ordered and reviewed disclosure. We noticed that there were several breaches of our client’s Charter rights, and we submitted a Charter notice outlining the violations we had identified. Due to the strength of our anticipated arguments, the Crown Prosecutor withdrew all charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 762006
Our client was stopped by the police after pulling a quick U-turn and almost causing a head on collision. Upon approaching our client’s vehicle, the police noticed that his eyes were half open and that the smell of alcohol was emanating from our client’s breath. The police then asked our client to provide a sample of breath into a roadside screening device, which registered a fail. Our client was brought back to the police station where he registered 0.090 on the evidentiary instrument.
Upon being retained we immediately ordered and reviewed disclosure. We identified a number of violations of our client’s Charter rights and submitted a comprehensive Charter notice outlining all breaches of our client’s rights. We then began negotiating with the Crown Prosecutor who was initially only willing to resolve the matter with a guilty plea, a fine of at least $1300.00 and a year-long driving prohibition. Due to our confidence in the strength of our arguments, we declined the Crown’s resolution offer. On the day of trial, all charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 751960
Our client was pulled over by the police after he was caught speeding almost 30km over the posted limit. Once he was pulled over, the police immediately noticed the strong smell of alcohol emanating from his breath as he spoke. The police then asked our client to provide a breath sample into a roadside screening device, and our client failed. He was then arrested for impaired driving and brought back to the station where he blew 0.100 and 0.120 in the evidentiary instrument.
Upon being retained, we immediately ordered and reviewed disclosure and identified a very serious breach of our client’s Charter rights. After submitting our Charter notice to the Crown Prosecutor, we were able to leverage this breach to successfully persuade the Crown to withdraw the charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 762014
Our client was stopped by the police after he was seen driving approximately 20 km over the posted limit and almost swung into the curb as his vehicle turned a corner. Upon being stopped by the police, the officer found that our client had a strong smell of alcohol coming from his breath and that his eyes were bloodshot. After being questioned by the police, our client also admitted to drinking shortly before he drove. The officer then asked our client to provide a sample of his breath into a roadside screening device which our client failed. Our client was then arrested and brought back to the station where he blew 0.090 and 0.080 in the evidentiary device.
Upon being retained we immediately ordered and reviewed disclosure to identify the weaknesses in the Crown Prosecutor’s case against our client. We then began resolution discussions with the Crown and were able to get the Crown to agree that in the circumstances of the case, there was no likelihood of conviction for either the over 80 or impaired charge. As a result, the criminal charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 551979
Our client was stopped by the police after he quickly accelerated through a crowded parking lot while also driving on the wrong side of the road. Upon being pulled over, the police noticed that he had very slow and slurred speech, and that he face was very rosy. Our client also admitted to drinking earlier on that day. The police then asked our client to provide a sample of his breath into a roadside screening device, which he failed. He was then arrested for impaired driving and brought back to the police station. There he blew 0.220 in the evidentiary device.
Upon being retained we ordered disclosure and identified a number of breaches of our client’s Charter rights. We wrote and submitted a Charter notice to the Crown Prosecutor that outlined all of the breaches we had found. Using these breaches, we were able to successfully negotiate a resolution with the Crown that would allow our client to plead guilty to a traffic infraction in exchange for the criminal charges being withdrawn. We were able to secure this result notwithstanding the fact that our client had several impaired driving infractions on his criminal record, and had also been previously granted a curative discharge.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 762088
Our client was stopped by the police after two phone calls were placed to 911 which reported an impaired driver who was allegedly pointing a rifle out of his window while he was driving. The police located our client and performed a high-risk traffic stop with their guns drawn. Upon stopping our client, the police noted that he had heavily slurred speech, bloodshot eyes, and the smell of alcohol emanating from his breath. While being questioned, our client also admitted to consuming alcohol prior to driving. Our client was then arrested and transported to the police station where he registered 0.150 on the evidentiary device.
Upon being retained, we immediately ordered disclosure and identified a number of violations of our client’s Charter rights. We submitted a Charter notice outlining detrimental weaknesses in the Crown Prosecutor’s case against our client. On the basis of our advocacy all charges against our client were withdrawn prior to trial.
Successful Result: Criminal Charges Withdrawn, No Criminal Record
Case Number: 53562260
Our client was charged with Impaired Driving, Driving Over 0.08, and Dangerous Driving after being involved in a collision. The police were dispatched to the scene of the accident, and when they arrived were told by witnesses that our client was drunk. Upon speaking to our client, the police officers noticed a smell of alcohol coming from our client’s breath, and our client admitted to drinking. Our client was arrested for impaired driving and brought back to the police station where he registered 0.130 on the evidentiary instrument.
Upon being retained, we immediately ordered disclosure, set the matter for trial, and filed a Charter motion on our client’s behalf. On the basis of our Charter notice and subsequent negotiations with the Crown, our client’s Over 0.08, Impaired Driving, and Dangerous Driving charges were withdrawn in exchange for a guilty plea to careless driving under the Traffic Safety Act and a fine.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55672271
Our client was pulled over by the police in response to a report of an impaired driver. The police quickly tracked down our client and pulled him over. As the police spoke to our client through the driver’s side window, they noticed the smell of alcohol coming from the vehicle. Our client admitted to consuming alcohol, and the police demanded that he provide a sample of his breath into a roadside screening device. Our client became argumentative with the police, and refused to blow into the device. Our client was then charged and arrested for Refusal.
Upon being retained, we immediately did a detailed review of our client’s disclosure and found that our client’s rights were violated a number of times during the investigation. We then filed a comprehensive Charter motion on our client’s behalf outlining multiple breaches of our client’s rights. The Crown responded to our motion by withdrawing the charges prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 53162251
Our client was driving and stopped at a stop sign. While at the stop sign, he rolled backwards and hit the vehicle behind him. The person he hit then called 911, reported the incident, and that stated that our client driving away in a very erratic manner.
The police located our client parked in his vehicle, and upon speaking to him immediately noted the smell of alcohol on his breath. Our client also admitted to consuming beer earlier on. The police demanded that he provide a sample of his breath into a roadside screening device. Our client refused despite being told he would receive a criminal charge if he failed to provide a sample. The police arrested him and charged him with Refusal.
Upon being retained, we requested disclosure, set the matter for trial and filed a Charter motion on our client’s behalf. By leveraging the strength of our Charter arguments, we were able to successfully persuade the Crown Prosecutor to withdraw our client’s criminal charge and instead allow our client to plead guilty to a Traffic Safety Act violation. As a result, our client only had to pay a fine and was able to completely avoid a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 762072
Our client was pulled over by the police after he was found stopped at a flashing red light for a fairly long period of time. As he drove away, the police noticed him switch lanes without signaling and pulled him over for a traffic violation. Once stopped, the police saw open alcohol in his vehicle and asked him to provide a breath sample into a roadside screening device. Our client alleged that he could not understand what was being said to him and started speaking in another language. An officer who spoke that language was deployed to the scene to speak to our client. Once that officer arrived, our client stated that he only spoke a different, second language. Another officer who spoke the second language was then deployed to the scene to communicate with our client. Once that officer arrived, our client continued to insist he could not understand what was happening, and refused to provide a sample of his breath.
Our client was arrested for obstruction and charged with refusal. After being arrested, the police searched our client’s vehicle and located illegal drugs. After the drugs were found, our client was then also charged with possession of an illegal substance.
Upon being retained, we identified a number of weaknesses in the case against our client, notably several Charter violations that had occurred while the police were investigating our client. We proceeded to draft a Charter notice which we submitted and used to negotiate a pre-trial resolution with the Crown Prosecutor. On the basis of our efforts, we were able to advocate for a guilty plea to the charge of obstruction, have the other two charges withdrawn, and have our client only pay a fine that was $250.00 less than what the Crown had initially proposed.
Successful Result: Refusal and Possession Charges Withdrawn. Charges Withdrawn, No Criminal Record
Case Number: 55682468
Our client was randomly selected while the police was conducting an Alberta Checkstop Program. Our client admitted to having consumed one drink one hour prior. Our client failed the roadside breath test and was arrested for impaired driving. Our client registered 0.90 on the evidentiary instrument and was also charged with driving over 0.80.
Upon being retained we ordered and reviewed disclosure. We determined that our client had virtually no defences and that there was a low probability of success. With our client’s instructions, we decided to test the Crown Prosecutor’s cases against our client nonetheless and set the matter for trial. At trial, the police officer failed to bring the required documents to prove the case against our client and the charges were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 19180018
Our client was charged with impaired driving and over 0.08 after a security guard contacted the police to inform them of an impaired driver leaving the casino. When the police approached our client, they could smell an odour of alcohol on his breath. Our client also told them that he had consumed 7 drinks that evening. Our client failed the roadside breath sample test and was taken to the police station to provide an evidentiary breath sample which was over the legal limit.
Upon being retained, we immediately ordered our client’s disclosure. We reviewed it thoroughly and found that our client’s language rights and right to a lawyer had been breached during the investigation. We set the matter down for trial. We began discussions with the Crown Prosecutor and convinced them that due to the breaches of our client’s rights, they would not be able to prove the charges against our client. Ultimately, the charges against our client were withdrawn, and our client was able to avoid receiving a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 65480161
Our client was charged with impaired operation of a motor vehicle and over 0.08 after a report of a suspicious person at a gas station. The police located our client who was sitting in his running vehicle in a parking stall and noticed a smell of alcohol. Our client failed the roadside breath test and blew 0.250 on the evidentiary instrument.
Upon being retained we immediately ordered and reviewed disclosure and identified multiple breaches of our client’s constitutional rights under the Canadian Charter of Rights and Freedoms. We submitted a comprehensive Charter notice which persuaded the Crown Prosecutor to withdraw all charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55572389
Our client was initially approached by the police after being observed parked on the side of the road. He had an odour of liquor coming from him, slurred speech, and dull motor skills. He was arrested and charged with impaired care and control. Our client blew 0.240 on the evidentiary instrument and was also charged with driving over 0.08.
Upon being retained we immediately ordered disclosure. We discussed all potential courses of action with our client, who was suffering from a serious alcohol addiction. We assisted him in developing an aggressive plan for his rehabilitation. By pointing out deficiencies in the Crown’s case and providing proof of our client’s successful completion of a 12-week sobriety program and charitable donation to a local organization, we convinced the Crown to withdraw all charges.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55572298
Our client was approached by the police after a security guard called 911 to report a potential impaired driver in a parking lot. Our client had an odour of alcohol coming from his mouth, was stumbling, and admitted to having consumed 3-4 shots. Our client was arrested for impaired driving and brought to the police station where he registered 0.140 on the evidentiary instrument. The police searched his car and found marijuana and an open bottle of liquor.
Upon being retained we ordered and reviewed disclosure and found that the police made a number of mistakes which resulted in breaches of our client’s Charter rights. We drafted and submitted a Charter Notice to the Crown Prosecutor and proceeded to discuss potential resolutions. Further consultation with our client revealed that he was suffering from a significant alcohol and drug addiction. We directed him to a comprehensive addictions counseling program. By utilizing proof of our client’s addictions management and pointing out the weaknesses in the case against our client, we convinced the Crown Prosecutor to withdraw all charges prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55582422
Our client was stopped by the police as he was leaving an area where a fight had been reported. The police observed that our client appeared nervous, had an odour of alcohol on his breath, and had red, glossy eyes. The police asked our client to provide a roadside sample of his breath and our client refused to comply. The police arrested our client for refusal.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified several violations of our client’s rights pursuant to the Canadian Charter of Rights and Freedoms. We drafted and submitted a comprehensive Charter Notice alleging multiple breaches of our client’s rights, which persuaded the Crown Prosecutor to withdraw the charge against our client prior to trial.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 25680054
Our client was pulled over for a roadside stop after police received a complaint that a vehicle was driving erratically and failing to stay within the lane. The police officer smelled an odour of alcohol coming from the vehicle and asked our client to step outside for a breath sample. After being transported back to the detachment, our client made several unsuccessful attempts to call a lawyer and told police officers that he was not refusing to blow but wanted to seek legal advice from counsel before doing so. The police then charged our client with refusal to provide a breath sample.
After reviewing our client’s disclosure, we identified multiple violations of our client’s Charter rights. We drafted and submitted a Charter Notice alleging these breaches. As a result, the Crown withdrew the charges against our client prior to the trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 35380209
Our client was pulled over by the police. The police noticed a smell of alcohol on our client’s breath and our client admitted to having consumed a few drinks earlier. Our client failed the roadside breath test and was taken to the police station where he registered 0.100 in the evidentiary instrument. Our client was charged with impaired driving, over 0.08, and speeding.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple violations of our client’s Charter protected rights. We drafted and submitted a comprehensive Charter Notice alleging breaches of these rights. As a result, the Crown Prosecutor withdrew all charges against our client prior to the trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 65680195
Our client was pulled over by the police and detained under suspicion of impaired driving. The police officer noticed a strong odour of alcohol coming from within the vehicle and asked our client for a breath sample. After failing the breath sample test, our client was charged with impaired driving.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We determined that there were multiple violations of our client’s protected Charter rights, mainly that our client was asked several questions to which she responded and provided incriminating evidence, before she was advised of her right to counsel. We drafted a comprehensive Charter Notice outlining these violations. As a result, the Crown decided to withdraw the charges against our client prior to the trial.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 75680008
Our client was arrested for impaired care and control of a motor vehicle after a witness called 911 with a complaint of a suspicious person. The police approached our client as he was sitting in his vehicle. There was a smell of fresh marijuana coming from inside the vehicle. Our client had glassy and bloodshot eyes and admitted to having smoked marijuana. The police arrested him for impaired driving.
Upon being retained, we ordered and reviewed all disclosure. We immediately identified and pointed out to the Crown Prosecutor several violations of our client’s Charter rights. As a result, we were able to successfully negotiate a stay of proceedings.
Successful Result: Charge Stayed, No Criminal Record
Case Number: 55272342
Our client was pulled over by the police after our client failed to stop at a red light. The police noticed that our client’s eyes were red and there was a smell of alcohol coming from his mouth. Our client admitted that he had a couple of drinks. After he failed the roadside breath test, the police read a breath demand and asked our client whether he would provide a sample of his breath. Our client did not understand why he had to provide another sample and had a few questions. The police charged him with impaired driving, refusing to provide a breath sample, and obstructing a peace officer.
Upon being retained, we ordered and reviewed the disclosure. We immediately identified several issues and lacking pieces of information in the case against our client. We discussed our client’s case with the Crown Prosecutor, who was unable to gather the required additional information. We ultimately convinced the Crown Prosecutor to accept our client’s version of events and stay the charges. As a result, our client avoided a criminal record.
Successful Result: No Criminal Record, Charges Stayed
Case Number: 65680195
Our client was stopped by the police after she failed to stop at an intersection. The police could smell an odour of alcohol coming from the vehicle. Our client admitted to having consumed alcohol earlier that day. Our client failed the roadside breath test and was brought to the police station where she registered 0.90 on the evidentiary breath instrument. She was charged with impaired driving and over 0.80.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple breaches of our client’s Charter protected rights. We drafted and submitted a comprehensive Charter Notice alleging breaches of our client’s right to counsel, right to be free from arbitrary detention, and right against unreasonable search or seizure. As a result, the Crown Prosecutor withdrew the charges against our client.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55272345
Our client was pulled over by the police when they noticed that she had a burned-out tail light. The police noted that she had a smell of alcohol coming from her mouth and glossy eyes. Our client admitted to having consumed a few beers. Our client failed the roadside breath test and was charged with impaired driving. She was brought to the police station where she registered 0.10 in the evidentiary instrument. She was also charged with driving over 0.08.
Upon being retained, we immediately ordered our client’s disclosure. We identified a breach of our client’s right to counsel under the Charter of Rights and Freedoms. We also made multiple requests for specific pieces of disclosure that were missing, in violation of our client’s right to make full answer and defence. We drafted and submitted a Charter Notice alleging these breaches of our client’s rights, which convinced the Crown Prosecutor to withdraw all charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55582414
Our client was stopped by police after he ran through a red light. Our client admitted to having consumed alcohol that evening. When the police had our client provide a breath sample in the roadside device, the machine showed an “error” result. The police waited and tried again, at which point our client failed the roadside test. Our client was then brought to the police station where he blew 0.140 in the evidentiary instrument.
Upon being retained, we ordered and reviewed our client’s disclosure. We made multiple requests for disclosure of information related to the error message on the roadside breath instrument. We ultimately had to subpoena the police officer in question, requesting that he bring his training manual to the trial. When the police officer did not do so, we made contested in-court submissions and argued that not having that information was a serious breach of our client’s Charter-protected right to make full answer and defence. We were successful in our application and the Judge dismissed the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Dismissed, No Criminal Record
Case Number: 55582429
Our client was charged with refusing to provide a breath sample after the police conducted a traffic stop because our client’s vehicle had been fishtailing. The police realized that our client was at warrant status and arrested him. While putting our client in the police vehicle, the police noticed a strong odour of alcohol coming from our client. The police asked our client to provide a roadside sample of his breath and our client refused.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple breaches of our client’s Charter-protected rights. We drafted and submitted a comprehensive Charter Notice. At trial, we were successful in our application and the Judge dismissed the charge against our client. As a result, our client avoided a criminal record.
Successful Result: Charge Dismissed, No Criminal Record
Case Number: 65680130
Our client was charged with impaired driving and refusing to provide a breath sample after police received a complaint of a careless driver on the road. The police attended the residential address of the registered owner of the vehicle and observed our client sitting in the vehicle. The police noticed a smell of alcohol on her breath. They asked her to provide a roadside sample of her breath and she refused.
Upon being retained, we immediately ordered and reviewed disclosure. We identified multiple breaches of our client’s rights under the Charter of Rights and Freedoms. We filed a comprehensive Charter Notice indicating our intention to argue these breaches at trial, which convinced the Crown Prosecutor to withdraw the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55582438
Our client was charged with refusing to provide a breath sample after the police stopped him for failing to stop at a flashing red light. Our client admitted to having consumed one beer and the police asked him to provide a sample of his breath. Our client refused and was charged with refusal. The police also gave him traffic violations for failing to obey a traffic device and operating a motor vehicle without holding a subsisting operator’s license.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We drafted and submitted a comprehensive Charter Notice identifying multiple significant breaches of our client’s right to counsel under the Charter. As a result, the criminal charge was stayed and the traffic tickets were withdrawn. Our client avoided a criminal record.
Successful Result: Charge Stayed, Traffic Tickets Withdrawn, No Criminal Record
Case Number: 69680125
Our client was charged with refusing to provide a breath sample after the police stopped him and noticed a smell of alcohol coming from the vehicle. The police asked our client to provide a sample of his breath and our client refused. The police arrested him and charged him with refusal.
Upon being retained, we ordered disclosure and identified multiple breaches of our client’s Charter-protected rights. Our client instructed us to proceed to trial. At trial, the Crown Prosecutor presented their entire case against our client. We cross-examined the Crown’s witnesses and demonstrated the inconsistencies and flaws in the case against our client. Before we had even finished, due to our advocacy and cross-examination strategy, the Crown Prosecutor asked the Trial Judge to dismiss the charge. As a result, the Judge dismissed the charge against our client and our client avoided a criminal record.
Successful Result: Charge Dismissed, No Criminal Record
Case Number: 59582435
Our client was charged with impaired driving and refusing to provide a breath sample while patrolling for a suicidal person. The police located our client in her vehicle and noticed a strong smell of marijuana. They immediately charged her with impaired care and control of a motor vehicle and possession of marijuana. The police also noticed a smell of alcohol and asked our client to provide a sample of her breath. Our client attempted to provide a sample 8 times. The police determined that she was purposely not following the instructions and charged her with refusal. The police did not locate any marijuana when they searched the vehicle so they dropped the possession charge.
Upon being retained, we ordered our client’s disclosure and conducted a thorough review of the evidence against her. We identified multiple severe violations of our client’s Charter rights. We successfully appealed our client’s provincial driving suspension at the Alberta Transportation Safety Board on the basis of the egregious Charter violations and our client’s driving suspension was canceled. We brought this to the attention of the Crown Prosecutor and convinced them to stay the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 65680146
Our client was arrested after a call from a member of the public who had observed our client unconscious in the driver’s seat of his vehicle. When the police approached him, he was difficult to understand, had uncoordinated movements, and they could smell alcohol. The police arrested him for impaired care and control of a motor vehicle and took him to the police station where he blew 0.150 in the evidentiary instrument.
Upon being retained we requested disclosure and set the matter for trial. We identified multiple breaches of our client’s Charter rights and filed a comprehensive Charter Notice. At trial, we used our advocacy skills to flush out weaknesses in the testimonies provided by Crown witnesses. The court ultimately found that our client’s Charter rights had been breached. As a result, our client was acquitted on both counts.
Successful Result: Acquitted at Trial, No Criminal Record
Case Number: 53662266
Our client was arrested after being pulled over by the police at a check-stop. The police noticed that our client had bloodshot and watery eyes and the smell of liquor on his breath. Our client admitted to having consumed a few beers. Our client failed the roadside breath test, and subsequently registered 0.100 on the evidentiary instrument. Our client was charged with impaired driving and driving over 0.08.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified several breaches of our client’s Charter-protected rights and set the matter for trial. We drafted and submitted a comprehensive Charter Notice. At trial, we got the evidence that we needed from the Crown’s witnesses and successfully argued that our client’s rights had been breached during the police investigation. As a result, our client was acquitted on all counts.
Successful Result: Acquitted at Trial, No Criminal Record
Case Number: 65680146
Our client was arrested and charged with impaired driving after he fell asleep in his truck while it was parked in an empty parking lot. A witness observed that the parked truck was still running and had one signal light flashing. He called the police and they attended to ensure the welfare of the driver. Upon arriving, the police determined that there were reasonable grounds to suspect our client was impaired while he had the care and control of his vehicle. They demanded a breath sample from our client and arrested him.
Upon being retained, we carefully reviewed our client’s disclosure. We identified several breaches of our client’s Charter rights, including the right to be free from unreasonable search and seizure and the right to be free from arbitrary detention. There was also a strong argument that our client did not have care and control of the vehicle and did not intend to drive his vehicle while he was impaired. We ultimately went to trial and secured an acquittal on both counts.
Successful Result: Acquittal at Trial, No Criminal Record
Charges Curatively Discharged
Case Number: 35380224
Our client was pulled over when nearby police officers observed him driving erratically. When the police approached his vehicle, they found him extremely intoxicated and holding a half-full bottle of vodka. He was immediately arrested and charged with impaired driving and brought to the police station. There, he refused the officer’s demand for a breath sample and was subsequently charged with refusal to provide a breath sample. Our client had recently returned to Alberta from Ontario to restart his life due to alcoholism and a criminal record would hinder his future employment and rehabilitation.
Upon being retained we ordered disclosure and reviewed it with our client. Our client had been working on addressing his alcohol addiction by attending counselling and addiction services. We compiled a significant amount of information on the steps that he had taken to address the issue as well as the community support that he had and presented it to the Crown Prosecutor. As a result, the Crown agreed to join us in a joint submission for a curative discharge which the judge accepted. As a result, our client avoided a criminal record.
Successful Result: Curative Discharge; No Criminal Record
Case Number: 53662262
Our client was arrested for impaired driving after he was involved in a serious two-car collision. Police arrived on the scene of the collision and were immediately told by a witness that our client was impaired. Upon interacting with our client, the police noticed that he was stumbling, swaying from side to side, had red eyes, poor motor skills, and smelled of alcohol. The police arrested him shortly thereafter, and brought him back to the detachment to provide breath samples into an evidentiary instrument. While back at the station, our client was given multiple chances to blow into the device, but refused to do so.
Upon being retained, we set up a meeting with our client to discuss his options, and our client decided it was in his best interest to make a curative discharge application. Upon receiving instruction, we directed our client to comprehensive treatment programs that are well regarded by our courts. Once our client completed his treatment, we presented the court with comprehensive documentation that demonstrated the work he had done and that spoke to the his likelihood of successfully managing his alcohol addiction. As a result, the curative discharge application was granted and our client was able to avoid a criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 751975
Our client was arrested for Impaired Driving after the police received a report of a potentially impaired driver swerving erratically on the road, almost striking parked cars. The police located our client stopped at a red light. They exited their vehicle and approached our client, who was found passed out in the driver’s side of her vehicle. The police woke our client and with some difficulty, got her to put her vehicle in park and exit her car. Upon her exiting the vehicle, the police found that she smelled strongly of alcohol, and found evidence that suggested she had been drinking alcohol while driving her car. Our client was taken back to the police station where she refused to provide a sample in the evidentiary device, and was charged with refusal.
Upon being retained we immediately ordered and reviewed disclosure. Further consultation with our client revealed that she had been struggling with a significant alcohol addiction. We obtained medical proof of her addiction and directed her to a comprehensive addictions counselling program. We used proof of her addictions management to advocate for a curative discharge. As a result, our client received no criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 53572270
Our client was arrested for impaired driving after two police officers saw her drive into another vehicle in a parking lot. After our client collided with the other vehicle, the police immediately initiated a traffic stop. Upon approaching the vehicle the police found that our client smelled strongly of alcohol, that she was unable to speak properly, and that she was unable to follow any of their directions. She was then placed under arrest for impaired driving and asked to exit the vehicle. The police reported that when she was taken out of her vehicle that she was extremely unstable on her feet. It was further reported that once she was placed in the police vehicle, she began screaming at the top of her lungs and began threatening the police officers.
Upon being retained we immediately reviewed her disclosure and began preparing a Charter motion on her behalf. However, after further consultation with our client, she instructed us to assist her with a curative discharge application. We also obtained medical reports that confirmed that our client suffered from an alcohol addiction, and directed her to a treatment center with an excellent repute for addictions counselling. We presented proof of her progress in counselling to the court, and made effective and detailed submissions on her behalf. Due to our advocacy, we were able to successfully secure our client a 12 month curative discharge.
Successful Result: Curative Discharge, No Criminal Record
Our client was stopped after a witness saw him driving his vehicle in an extremely erratic fashion. The witness stated that our client was unable to stay within his lane, that he would stop suddenly and without reason, and that he was speeding through a school zone at approximately 90km per hour. The witness called 911 and followed him until he was apprehended by the police. Upon interacting with our client, the police reported that he smelled very strongly of alcohol, that he was unable to stand or walk properly, and that he had very slurred speech. He was arrested and brought back to the station where he blew 0.170 on the evidentiary instrument.
Upon being retained, we immediately ordered disclosure and discussed all defences and potential courses of action with our client. At the time our client was suffering from a serious alcohol addiction that was profoundly affecting his life. We helped him to develop an aggressive plan for his rehabilitation that we knew would be well received by the court. After our client completed his treatment program, we were able to use the proof of our client’s progress in his treatment program to successfully advocate for a curative discharge. As a result, our client was able to avoid a criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 55572294
After a night of drinking, our client was stopped by the police when she was seen driving down the wrong side of the road with her trunk open. Upon being stopped, the police reported that she was unable to figure out how to roll her window down, that she had difficulty finding the ignition, and that she smelled strongly of alcohol. She was then arrested for impaired driving and brought back to the police station. At the police station she engaged in a struggle with one of the arresting officers and deliberately kicked him in the shin, which led to her being charged with assaulting a police officer.
She was subsequently brought into the breath test room where she registered 0.190 on the evidentiary device.
Upon being retained we conducted a detailed review of our client’s disclosure and immediately identified several potential breaches of our client’s Charter rights. Upon further consultation with our client, she directed us to make an application for a curative discharge. We assisted her with developing a fulsome counselling program to address her alcohol addiction, and sought out medical reports in support of our application. We presented these materials to the Crown Prosecutor and to the judge alongside our submissions, and we successfully obtained a curative discharge for our client.
Successful Result: Curative Discharge, No Criminal Record
Calgary Provincial Court
Case Number: 7519751
Our client was initially observed passed out in her vehicle in the middle of an intersection. A police helicopter found and followed our client (recording extensive erratic driving) until she was stopped and arrested. She was observed to be extremely intoxicated, and was arrested for impaired driving. At the police station, she refused to provide breath samples, and was charged with impaired driving and refusal.
Although client did not have any defence to the impaired driving charge, we were able to negotiate a withdrawal of the refusal charge in exchange for a guilty plea to impaired driving. We then successfully convinced the court not to impose a criminal record on our client with her agreement to engage in treatment for her alcohol addiction.
Successful Result: No Criminal Record, Curative Discharge
Case Number: 35380181
Our client was initially observed passed out in his vehicle at an intersection, with his foot on the brake and the vehicle still in drive. He was difficult to rouse, smelled strongly of alcohol, slurred his words, and admitted to having consumed a lot of alcohol. He was arrested for impaired driving. At the police station, he was brought in to the breath test room where he registered 0.210 on the evidentiary instrument; he was also charged with driving over 80.
Upon being retained, we immediately ordered disclosure and discussed all potential courses of action with our client. Further consultation with our client revealed that he had been struggling with an alcohol addiction and our client decided that it would be in his best interest to pursue a curative discharge application. We directed our client to comprehensive treatment programs that are well-regarded by our courts. We obtained proof of his addictions management and used it to successfully advocate for a curative discharge. As a result, our client received no criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 35380217
Our client was arrested by police after a complaint of a hit-and-run causing injury. Our client had glassy and bloodshot eyes, open alcohol and empty alcohol cans in his vehicle, and admitted to having consumed a few drinks. He failed the roadside breath sample test and was arrested for impaired driving. He was brought to the police station where he blew 0.130 on the evidentiary instrument and was also charged with driving over 0.08.
Upon being retained, we set up a meeting with our client to discuss his options. Our client decided it was in his best interest to make a curative discharge application. Upon receiving instruction, we directed our client to comprehensive treatment programs that are well-regarded by our courts. We obtained and presented the court with comprehensive documentation that demonstrated our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 55582485
Our client was arrested after a witness called 911 claiming to have seen our client collide with a parked vehicle and then proceed to drive on the wrong side of the street. When the police arrived, she was standing outside her vehicle. The police noted that our client was unsteady on her feet, had glossy eyes, was slurring her speech, and had a smell of alcohol coming from her mouth. The police arrested our client for impaired driving and brought her to the police station where she refused to provide a breath sample. It was also alleged that our client was not cooperating with the police and struck one of the officers in the face.
Upon being retained, we reviewed the disclosure and discussed all potential courses of action with our client. She decided that it would be in her best interest to make a curative discharge application. We directed our client to treatment programs that are well-regarded by our courts. We obtained comprehensive documentation which included proof of addictions counseling and stress management counseling. We negotiated with the Crown Prosecutor and convinced them to drop the dangerous driving, refusal, and assault of a police officer charges in exchange for a guilty plea to the impaired driving charge. We used proof of our client’s addictions management and successfully advocated for a curative discharge. As a result, our client received no criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 55182488
Our client was arrested after police came across him sitting in his parked vehicle with the rear lights on and engine running. Upon asking our client to step out of the vehicle, our client was incoherent and tried to put the vehicle into drive several times. He eventually exited the vehicle and the police observed glossy red eyes and a strong odour of alcohol. He subsequently failed a breath demand and was charged with impaired driving.
Upon being retained, we reviewed the disclosure and discussed possible courses of action. We immediately instructed our client to undergo counselling for his substance abuse issues. In our negotiations with the Crown Prosecutor, we leveraged our client’s attendance at counselling and evidence of his significant progress in addressing his dependence on alcohol. The Crown eventually agreed to accept a guilty plea and impose a curative discharge, allowing our client to avoid a criminal record.
Successful Result: Curative Discharge, No Criminal Record
Case Number: 65180150
Our client was pulled over by the police after failing to indicate a left turn. Our client admitted to having recently consumed alcohol and he had delayed reactions and slurred speech. The police asked our client to provide a roadside sample of his breath and our client refused. The police arrested our client for refusal to provide a breath sample. Our client became agitated and the police also charged him with resisting a peace officer.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We pointed out weaknesses in the case against our client. We convinced the Prosecutor to agree to withdraw the refusal charge and to join us in recommending a conditional discharge for the obstruction charge. We were successful in our application and our client avoided a criminal conviction.
Successful Result: Conditional Discharge, No Criminal Record
Violent Offences
Charges Stayed, Withdrawn, or Acquitted
Case Number: 75780002
During a significant mental health episode, our client delivered a letter to her former employer indicating that several of her former coworkers would die. The recipient contacted police and when officers arrived at our client’s residence, she had trouble understanding the situation and was taken to the hospital for a mental evaluation. She was later charged with uttering threats.
Upon being retained, we ordered disclosure and took a statement from our client. We entered discussions with the Crown Prosecutor who agreed that a criminal charge was inappropriate in the circumstances. We referred our client to counselling and the charge was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55592538
Our client’s husband had been having an ongoing affair with another woman for several years. Our client knew about the affair but felt helpless to stop it and afraid to end their 25-year marriage. One evening, the tension exploded into a physical fight between our client and the mistress when the mistress refused to leave the matrimonial home. The mistress contacted police and when officers arrived, our client was arrested and charged with assault causing bodily harm.
Upon being retained, we immediately requested disclosure and accumulated a significant amount of mitigating evidence including letters of support, counselling receipts, and our client’s statement regarding the circumstances of the incident. We met with the Crown Prosecutor and explained our client’s side of the story and the many reasons why this case should not be prosecuted. The Crown agreed with our submissions and as a result, the charge was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 25290268
One morning, a woman came to our client’s door, knocked several times and eventually kicked the door. Our client answered the door upset and confused and when he began questioning the woman, a police officer approached the door and told him that they were there for a missing persons’ investigation. During the interaction, our client did not provide his name or answer the officer’s questions. The officer then arrested our client for impeding a missing persons investigation.
Upon being retained, we immediately requested disclosure and contacted the Crown Prosecutor to discuss several problems with the investigation against our client. We argued that our client did not have a legal obligation to provide his name or any other information to the officer and that a minor inconvenience to the officer does not constitute obstruction. As a result, the Crown withdrew the charge against our client.
Successful Result: Charge withdrawn; No Criminal Record
Case Number: 29290230
Our client was charged with assault causing bodily harm following an altercation with his wife which began when he noticed his belongings outside of the home by the garbage can and went into the house where they began to argue. Our client and his wife presented two conflicting versions of events which led to the injuries his wife sustained. When our client took his wife to the hospital, she told doctors, and later her boss, that the injuries were sustained when she slipped on the ice. This was consistent with our client’s statement in which he says that he attempted to drive away from the home and his wife ran out to the car and slipped on the front steps.
At trial, we showed that the doctor who treated our client’s wife accepted that her injuries were consistent with a fall on ice. We also showed that our client’s wife consistently told this version of events until the two broke up three months after the incident and assault charges were laid. We raised the fact that the complainant testified to being so angry that she threw our client’s belongings outside of the house, that our client asked the complainant via text message to leave him alone and that the complainant was charged twice before the incident with assaulting our client. As a result of these submissions, our client was found not guilty at trial.
Successful Result: Found Not Guilty at Trial; No Criminal Record
Case Number: 55572301
Our client was charged with assault causing bodily harm after an altercation at a bar which left the complainant with a concussion. At the time of the incident, our client was on probation at his new job. As a result of the criminal charge, he lost his position. If convicted, our client faced significant penal and employment consequences.
Upon being retained, we learned that our client’s employer would be willing to reinstate him so long as he did not receive a criminal record. We ordered disclosure, helped our client enter into anger management and began negotiations with the Crown Prosecutor. We informed the Crown of our client’s mitigating circumstances and the actions he was taking to address the issue. Based on this and the fact that the complainant did not wish to proceed, the Crown agreed to withdraw the charge.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65690236
Our client and her partner were returning from a night out when they began arguing. The argument escalated and ended when our client broke a mason jar on her partner’s head. He immediately called police and when officers arrived, they noticed that the house had been torn apart and our client’s partner required stiches. The police charged both parties with assault but upon further investigation, they withdrew charge against our client’s partner and escalated the charge against our client to assault with a weapon.
Upon being retained, we ordered disclosure and familiarized ourselves with the circumstances of the incident and our client’s relationship with her partner. The pair were intent on making things work and had begun counselling shortly before the incident. We raised this with the Crown Prosecutor, along with several mitigating factors about our client. As a result, the Crown agreed to withdraw the charge after our client completed counselling.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65670015
Our client was charged with assault with a weapon following a physical altercation with her spouse. During the fight, out client drove her car towards her spouse, nearly hitting him and eventually pinning him to the garage at their home. This incident was recorded on a neighbors’ phone who then called the police. Our client was arrested shortly thereafter.
Upon being retained, we succeeded in helping our client make bail and amended her conditions to ensure minimal disruption to her family. We began negotiations with the Crown Prosecutor and worked to quickly resolve the criminal charge as well as the resulting issues with Child & Family Services. Considering the circumstances around the incident and the wishes of the complainant, the Crown Prosecutor agreed to an extrajudicial sanction and after the completion of counselling, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55592575
Our client was arrested following an incident in a vehicle with his girlfriend and her two children. Our client had indicated to his girlfriend that he was having suicidal thoughts and previously threatened to drive the car off the road. While in the vehicle, our client attempted to stab his girlfriend with a screwdriver, then tried to force the car off the road. When he eventually jumped out of the vehicle, his girlfriend called police, who later observed him walking on the highway with a screwdriver in hand. The officers arrested him for assault with a weapon.
Upon being retained, we immediately requested disclosure and reviewed it with our client. We assisted our client in obtaining domestic violence counselling and provided documentation of his counselling and treatment history to the Crown Prosecutor. In addition to this, we provided the Crown with our client’s medical records, as well as a personal statement from our client detailing the incident and his mental health background as well as medical records. Based on this, the Crown agreed to withdraw the charge against our client.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55582521
Our client was arrested after being pulled over for an unrelated incident. The assault and mischief occurred in a different town hours before and the perpetrator of those crimes had driven away in the same vehicle as our client. Despite our client claiming he had not been near either of those incidents, he was charged.
Upon being retained, we reviewed disclosure and discovered a significant issue regarding identification. No eyewitnesses could accurately identify our client and the general description was vague. When we brought the matter to trial, the Crown Prosecutor realized that their likelihood of conviction was low due to the identification issue and they immediately withdrew the charge.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 762067
Our client and his girlfriend got into a verbal altercation one night when our client accused his girlfriend of having an affair. His girlfriend eventually left and went to her vehicle. Our client followed and when his girlfriend refused to talk to him, he punched the driver’s side window, which shattered the glass and resulted in cuts to his girlfriend’s left eye. The two then went back into the house to continue arguing. Our client’s girlfriend lost consciousness at some point and awoke later with the side of her head injured and bleeding. Neighbors who heard the altercation contacted police. Our client was located by police later that evening and was quickly arrested.
Upon being retained, we immediately ordered disclosure and recommended that our client attend anger management and domestic violence counselling. We raised his attendance in a program with the Crown Prosecutor and provided them with character references and a personal statement from our client to express his remorse. As a result of these efforts, the Crown agreed to withdraw the charges and our client avoided a criminal record.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 75190002
Our client was charged following an altercation with his wife after she accused him of having an affair. During the argument, our client began packing his clothes to leave the home when things became violent and he pushed his wife against a wall. His wife then contacted police and our client was arrested shortly thereafter at the home. At the time of the incident, our client was preparing to go to medical school and a criminal record would seriously hinder his career aspirations.
Upon being retained, we immediately ordered disclosure and reviewed the case against our client. We quickly learned that our client and his wife registered for counselling shortly after the incident and as a result, his wife did not want to proceed with the charges. We contacted the Crown Prosecutor to raise these circumstances and begin resolution discussions, at which time the Crown agreed to withdraw the charges in exchange for our client successfully completing counselling.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65690234
Our client was charged with assault after engaging in a fight at work and striking his colleague. Both parties were taxi drivers and were fighting over a previous traffic incident. As a result of the charge, our client’s license renewal was at stake which jeopardized his ability to continue working as a taxi driver.
Upon being retained, we ordered disclosure and reviewed the case against our client. We did significant investigative work and found further witnesses to the event which contradicted the original findings. After sharing our theory of events with the Crown Prosecutor, the charges were stayed against on the day of trial.
Successful Result: Charges Stayed; No Criminal Record
Case Number: 75790026
Late one evening, our client was drinking at a pub when he became involved in a physical altercation with the bouncer. Our client was in Canada on a two-year work permit and a Criminal Record would prohibit him from successfully completing that program.
Upon being retained, we immediately ordered and reviewed disclosure. We advised our client to attain counselling and provide us with character references and an apology letter to the complainant. We provided these to the Crown Prosecutor and raised several mitigating factors about our client and as a result, the Crown agreed to withdraw the charge. We then successfully had our client’s fingerprint’s and photographs held by the Calgary Police Service destroyed.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55682510
Our client was charged with assault following an altercation with his girlfriend when she was in the process of moving out of their shared home. When our client’s girlfriend took his car keys to go outside and retrieve her cellphone from his car, he allegedly pushed her down the stairs and continued the fight to retrieve his keys, eventually pushing his girlfriend outside where she fell down the front steps. A few days after the incident, our client later became aware that a warrant was out against him and turned himself in to police, at which point he was charged with assault.
Upon being retained, we immediately ordered disclosure and began to prepare our defence. Our client’s girlfriend sent an email to us stating that she lied to police and our client did not assault her. We then received a full statement from our client which detailed his injuries from altercations with his girlfriend in the past. We presented this information to the Crown Prosecutor and began resolution discussions. As a result, our client was enrolled in domestic violence and relationships counselling and the charge against him was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55592593
Our client was arrested following an incident with his girlfriend in which they were both heavily intoxicated and arguing in a hotel room. Our client’s girlfriend stated that she attacked our client and that he had a recording of part of the incident on his cellphone to prove that was the case. However, due to witness accounts of our client’s behavior in the hotel lobby and hallways, he was arrested and charged with assault despite the statement made by his girlfriend.
Upon being retained, we immediately requested disclosure and reviewed it with our client. We obtained a written statement from our client’s girlfriend detailing her account of the incident and raised the inconsistencies in the police investigation as well as the video evidence with the Crown Prosecutor. Based on this, the Crown quickly agreed to withdraw the charge against our client.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 62660009
Our client was charged with criminal harassment after incessantly calling his ex-girlfriend for several days following their break up, and for trying to force his way into her house when he was neither expected nor wanted there. After our client turned up at her house, our client’s ex-girlfriend called the police, and reported that our client had recently grabbed her and pushed her to the ground causing injuries to her knees.
Upon being retained, we reviewed our client’s disclosure and found a number of weaknesses and inconsistencies in the complainant’s testimony. We then sought out records of the communication between our client and his ex-girlfriend, and were able to obtain significant exculpatory evidence for our client. We were able to use this information to persuade the Crown Prosecutor to withdraw the charges against our client prior to trial, and as a result our client was able to completely avoid a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 5518551
Our client was charged with assault causing bodily harm after he got into an altercation with his wife while helping their daughter move. At one point, our client lost his temper and pushed his wife down the stairs. She fell and smashed her head into the tile floor. The impact of the force was so great that it created a large welt and a laceration which began to bleed significantly. EMS and the police were called to the scene, and our client was arrested.
Upon being retained we ordered and reviewed our client’s disclosure. Due to the nature of our client’s work for a prominent company in Calgary, and due to the fact that his wife had alleged that she had suffered a long history of abuse from her husband, we had to proceed very strategically to ensure our client did not get a criminal record. We immediately directed our client to enroll in counselling to address his anger management issues and sought out very strong exculpatory evidence for our client. We used the information we had gathered to then begin negotiating with the Crown Prosecutor. On the basis of our advocacy the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 2250072
Our client was charged with assault after she got into a violent altercation with her ex-boyfriend in a common area of the apartment complex they both lived in. They encountered one and other in the common area, and began to argue about their past relationship. Our client followed her ex-boyfriend to his apartment, and tried to enter his home despite his requests that she leave. When she tried to enter his home, he blocked her. Our client then slapped him in the face and scratched him on his arm deep enough to draw blood. Her ex-boyfriend then called the police who came and arrested our client for assault.
Upon being retained, we immediately identified all weaknesses in the case against our client and assisted her with enrolling in a comprehensive anger management course. Once our client had completed counselling we continued resolution discussions with the Crown Prosecutor. We were ultimately able to persuade her to stay the charges against our client, and our client was able to avoid a criminal record.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 351895
Our client was arguing with his girlfriend outside of a hotel in Calgary. As the argument escalated two witnesses watched our client punch his girlfriend in the face, causing his girlfriend to fall to the ground. The police arrived and found our client who immediately admitted to striking his girlfriend in the face. His girlfriend was also found on scene, and her face showed redness and swelling where she was struck by our client. Our client was then arrested and charged with Assault.
Upon being retained we immediately ordered and reviewed all disclosure. We also immediately directed our client to enrol in anger management counselling, and began to seek out any exculpatory evidence that would assist our case. We then brought proof of our client’s counselling as well as the evidence that we had gathered to negotiations with the Crown Prosecutor. As a result of our efforts the charges against our client were stayed.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 761988
Our client was charged with Criminal Harassment after he had sent hundreds of texts messages to a high school acquaintance, and an equally large number of messages to her over social media. The messages were not only voluminous, but were disturbing in content. The complainant had asked our client to stop sending her messages on multiple occasions, and had tried blocking our client, yet he persisted in attempting to communicate with the complainant.
Upon being retained we immediately ordered disclosure and began negotiating with the Crown. Due to the strength of evidence against our client, the Crown initially wanted a guilty plea to the offence in order for a mitigated sentence. However, on the basis of our advocacy we were able to divert our client into the Mental Health Diversion Program. Upon his successful completion of the program, the charges against him were withdrawn.
Successful Outcome: Mental Health Diversion, Charges Withdrawn, No Criminal Record
Case Number: 7619881
Our client was charged with Criminal Harassment after sending hundreds of unwanted texts and emails to an acquaintance. The acquaintance did nothing to provoke our client, and was also extremely disturbed by the amount and the content of the messages. She contacted the police to bring a stop to the flood of messages, and our client was arrested and charged.
Upon being retained we sought disclosure and identified any weaknesses we could find in the case against our client. We directed our client to immediately enroll in counselling and began negotiating with the Crown Prosecutor. We were able to successfully resolve the matter by diverting our client into the Mental Health Diversion Program. Upon his successful completion of the program the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Airdrie Provincial Court
Case Number: 7620521
Our client was charged with assault against his ex-wife. He was also served with an Emergency Protection Order (EPO) that contained several serious allegations. Once we were retained we immediately sought disclosure and began resolution discussions with the Crown. We found several extreme discrepancies between the allegations in the EPO and what the complainant told police. We used this to challenge the complainant’s credibility, and the assault charge was withdrawn weeks after our client’s first court appearance.
Successful Result: No Criminal Record, Charge Withdrawn
Case Number: 762034
Our client was arrested and charged with Assault after it was alleged that he had violently beat his common law partner. The complainant alleged that they were drinking alcohol and got into an argument which quickly became physical. The complainant also alleged that our client struck him repeatedly with a closed fist on the head and in the face, resulting in swelling and bruising.
Upon being retained we immediately sought to vary our client’s bail conditions so that our client was able to have exclusive access to his residence and return to his home. We then directed our client to begin a comprehensive counselling program while we developped his defences and negotiated with the Crown Prosecutor. We were subsequently able to use proof of our client’s counselling and the strength of our defences to persuade the Crown to withdraw the charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 751926
Our client was charged with Domestic Assault after he had gotten into a heated argument with several members of his family. The incident began when he started arguing with his wife, who he felt was not properly caring for the children. His son intervened in the argument from fear that our client would hurt his mother. Our client and his son began to argue and wrestle, and our client struck his son in the head with a closed fist causing bruising and swelling.
Upon being retained we ordered and reviewed all disclosure. We immediately sought to have the conditions of our client’s bail varied so that he could return to his home. We then directed him to highly effective counselling services that would help him learn how to better manage his anger. We subsequently began resolution discussions with the Crown, and using our strong advocacy skills we were able to convince the Crown to withdraw the charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 5362243
Our client was arrested for domestic assault after his girlfriend called 911 crying and alleging that her boyfriend was pushing her around. While she was on the phone the line was disconnected and the police were dispatched to her house. Upon arriving they were told that our client had pushed the complainant against a wall, and that he put his hands around her neck. Our client’s girlfriend also told the police that she was afraid of our client because he had a shotgun in his car.
Following our client’s charge for domestic assault, we quickly brought his matter before the court to have his bail conditions varied so that he could go back home. We then began resolution discussions with the Crown prosecutor. We pointed out serious weaknesses in the case against our client, and we were able to persuade the Crown to withdraw the charges if our client completed a counseling program. Once we forwarded proof of counseling to the Crown, the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55672283
Our client was charged with domestic assault after a violent altercation between himself and his son. It was alleged that while our client was driving his son home, the two got into an argument. As the argument got heated, our client pulled his vehicle to the side of the road and assaulted his son by grabbing him by the throat and by slapping him in the face. After his son arrived home, he called the police and our client was arrested for domestic assault.
Upon being retained we ordered and reviewed our client’s disclosure, and found that there were several weaknesses in the Crown prosecutor’s case. We proceeded to discuss the matter with the Crown, and we were able to convince them to withdraw the charges against our client upon proof that he had completed a counseling program.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 531473
Our client was arrested and charged with domestic assault after he had gotten into a heated argument with his wife that became physical. It was alleged that our client was fighting with his wife, and that in his rage he shook the complainant and began shoving her inside of their home in front of their two small children. At the time of the assault, the complainant was also 7 months pregnant.
Upon being retained, we immediately ordered disclosure and found some weaknesses in the case against our client. While the evidence against our client was very strong, and while the circumstances of his offence were very aggravating, we were still able to persuade the Crown to withdraw the charges once our client completed counseling. Upon providing proof of our client’s counseling, the charges against him were dropped.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 741737
Our client was charged with Domestic assault and Mischief after he got into a heated altercation with his girlfriend. He had chased her as she ran from the house, and when he caught up with her he took her phone and stepped on it. He then grabbed her, pushed her, and kneed her in the stomach. His girlfriend at the time was 15 weeks pregnant, and the entire incident was witnessed by their neighbour. The witness called the police who then attended the scene and arrested our client.
Upon being retained we ordered disclosure and began looking for weaknesses in the case against our client. We also assisted our client with identifying and enrolling in counselling programs that would help him manage his anger, and sought out strong reference letters from his employer and acquaintances. We forwarded this information to the Crown Prosecutor and began resolution discussions with the Crown where we pointed out the strength of our anticipated defences. As a result of our efforts, the charges against our client were stayed.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 762085
Over the course of two days it is alleged that our client was involved in multiple, heated confrontations with his partner. One night, it is alleged that our client threatened to murder his partner, and hang her body outside. In the middle of one of their confrontations, it is also alleged that struck his child in the face, knocking his child to the ground.
Upon being retained, we immediately ordered and reviewed disclosure. We advised our client to immediately pursue counseling, and obtained glowing character references for our client. We used these materials and the anticipated strength of our defence to effectively persuade the Crown Prosecutor to withdraw the charges against our client prior to trial.
Successful Outcome: Charges Withdrawn, No Criminal Record
Case Number: 55572277
Our client was charged with two counts of domestic assault after getting into a serious altercation with his spouse. On the date of the offence, the couple began to fight and our client was told to leave the house. Before leaving, the fight escalated to the point that our client struck his spouse once in the jaw, and once in the nose, causing bruising, swelling and bleeding. After being struck, his wife managed to escape from the house and fled to a neighbour’s home where she called the police. Upon arriving, the police arrested our client and found that he had recently been released for committing a previous domestic assault. After the police discovered this, our client was further charged for breaching the terms of his release.
Upon being retained we immediately learned that our client had a lengthy criminal record, and that he would likely be facing a very serious penalty in the event of conviction. We did a detailed review of our client’s disclosure, and were able to find a detrimental weakness in the case against our client. We used this information in subsequent negotiations with the Crown Prosecutor to persuade them to stay all charges against our client prior to trial.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 731528
Our client was charged with two counts of uttering threats after he called his ex-girlfriend and threatened her life and her property. The couple had recently broken up and our client found the complainant’s picture on a dating site. He began texting her angrily, asking her why she was on the site, then proceeded to call her and demanded to meet her. She refused to meet him multiple times, and our client threatened to destroy her car and show up at her work if she did not meet him. She declined him again, and our client then stated that he would come over and shoot her in the head. The complainant reasonably feared for her life as she knew our client had recently purchased guns. She then called the police who located and arrested our client.
Upon being retained, we immediately conducted a detailed review of our client’s disclosure at found a number of inconsistencies and detrimental weaknesses in the case against him. We then set up a resolution meeting where we used the holes in the Crown Prosecutor’s case to persuade them to withdraw the charges if our client completed a reasonable amount of counselling. Once we obtained proof of our client’s counselling, we forwarded it to the Crown who then withdrew all charges against our client.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 65680113
Our client was arrested after an argument with his son-in-law escalated. It is alleged that our client choked and punch his son-in-law, who suffered injuries to the face, red strangulation marks around his neck, and a broken hand.
Upon being retained, we ordered our client’s disclosure and began negotiating with the Crown Prosecutor. We identified several inconsistencies in the complainant’s version of the events, and ultimately convinced the Crown Prosecutor to withdraw the charge against our client. As a result, our client was able to avoid receiving a criminal record.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 25280109
Our client was charged with assault causing bodily harm after he got into a violent altercation with his girlfriend. It was alleged that our client punched her in the face, causing her to require stitches. A neighbour called the police after hearing screaming and loud banging noises. EMS and police attended the scene and our client was arrested.
Upon being retained, we immediately instructed our client to enter into anger management counselling. We attended court on our client’s behalf and had some of his bail conditions amended so that he could have contact with his girlfriend for the purpose of counseling. We began negotiating with the Crown Prosecutor. We pointed out significant weaknesses in the case against our client and showed proof of our client’s counseling. We were ultimately able to persuade the Crown to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 55582480
Our client was charged with domestic assault after a physical altercation with his girlfriend. During an argument, our client’s girlfriend cut him in the face with a razor and hit him in the back with a hockey stick. Our client allegedly struck his girlfriend during the altercation. Our client’s girlfriend called the police, who arrested her for assault with a weapon. The police also arrested our client for assault.
Upon being retained, we immediately ordered disclosure. We instructed our client to enter into anger management counseling. We pointed out significant weaknesses in the case against our client and showed proof of counseling. We ultimately persuaded the Crown Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 65690232
Our client was charged with domestic assault after an argument with his wife. As the argument escalated, our client’s wife asked him to leave the house. Our client became more angry and allegedly choked her. The police were called and later arrested our client for assault.
Upon being retained, we ordered and reviewed our client’s disclosure. We immediately instructed him to undergo anger management counselling, which he successfully completed. Upon providing proof of our client’s attendance at counselling, the Crown eventually decided to withdraw the charge.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 35570133
Our client was charged with assault after a physical altercation between him and his wife. After both our client and his wife had been drinking at home, they got into a verbal argument. Our client allegedly pushed his wife away, which caused her to fall and cut her face on the kitchen floor. He was later arrested by police and charged with assault.
Upon being retained, we immediately ordered disclosure and instructed our client to attend addictions and domestic violence counselling. By providing proof of our client’s progress in counselling sessions, we convinced the Crown Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 34470170
Our client and his girlfriend got into a verbal argument about financial difficulties they were having. When our client told his girlfriend to leave the house and she refused, our client tried to physically remove her and pulled out a clump of her hair in the process. Once our client’s girlfriend was outside the house, she called the police. Our client was then arrested and charged with domestic assault.
Upon being retained, we first assisted our client with amending the conditions of his recognizance so that he could speak to his girlfriend, who wished to reconcile and move forward. After ordering disclosure and beginning negotiations, we were able to convince the Crown Prosecutor to withdraw the charge.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 55372362
Our client was charged with assault causing bodily harm after a physical altercation between him and his girlfriend. A neighbour reported that our client hit his girlfriend in the head. The police attended shortly thereafter and noticed injuries to our client’s girlfriend consistent with having been assaulted. The police arrested our client for assault causing bodily harm.
Upon being retained, we ordered and reviewed our client’s disclosure. We instructed our client to attend domestic violence counseling. We began negotiating with the Crown Prosecutor and by providing proof of our client’s progress in counseling, we were able to convince the Crown Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 65680120
Our client was charged with domestic assault and intimidation after a physical altercation with his partner. During a heated argument, our client’s partner asked him to leave the residence and threatened to call the police. It was alleged that our client put his partner in a headlock, pushed her to the ground, took her phone, bit her on top of the head, and punched her. Our client’s partner went to the neighbour’s house to call the police. When the police arrived, they arrested our client for assault and intimidation.
Upon being retained, we ordered our client’s disclosure. We instructed our client to attend alcohol addiction and domestic violence counseling. We attended court on behalf of our client to vary his release conditions so that he could begin reconciling with his partner. We then began negotiating with the Crown Prosecutor. By providing proof of our client’s counseling and attendance in a residential addictions treatment program, we convinced the Crown Prosecutor to withdraw the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 66680142
Our client was charged with domestic assault and domestic assault with a weapon after an altercation with his wife and their daughter. It is alleged that our client disciplined his daughter by hitting her in the back of the head. When his wife tried to intervene, our client grabbed her by the neck and pushed her. Our client’s daughter then tried to call 911. Our client took the phone from her and hit her in the head with it. The police arrived at the residence and arrested our client.
Upon being retained, we immediately ordered our client’s disclosure. We directed our client to attend domestic violence and substance abuse counseling at programs that are well-regarded by our courts. Once we had proof of our client’s counseling, we used that information in our negotiations with the Crown Prosecutor and ultimately convinced them to withdraw the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55582464
Our client was arrested after an altercation at a bar. Our client tried to help two of his friends who were being physically removed from the establishment by the security guards. After police arrived, the bouncers alleged that our client punched one of them in the back of the head and attempted to put the other in a choke-hold. Police arrested our client and charged him with two counts of assault.
Upon being retained, we ordered our client’s disclosure. We then ordered additional disclosure when we determined that there were further pieces of evidence that had not been provided. After negotiating with the Crown Prosecutor and pointing out weaknesses in the case, we eventually convinced them to withdraw both charges.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 1246004
Our client was charged with two counts of assault after getting into an altercation with her girlfriend and her girlfriend’s sister.
Upon being retained, we immediately ordered and reviewed disclosure. We began negotiating with the Crown Prosecutor and pointed out the multiple weaknesses in the case against our client as well as pieces of evidence that were missing. At trial, we successfully argued that this lack of disclosure constituted a breach of our client’s rights under the Charter of Rights and Freedoms. Ultimately, the charges against our client were stayed.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 65670091
Our client was charged with assault after an altercation with his girlfriend. It was alleged that during an argument, our client grabbed his girlfriend by the arms to prevent her from leaving. His girlfriend called the police, who came to the residence and arrested our client for assault.
Upon being retained, we immediately ordered our client’s disclosure and began negotiating with the Crown Prosecutor. We pointed out flaws and inconsistencies in the case against our client. Ultimately, the charge against our client was stayed.
Successful Result: Charge Stayed, No Criminal Record
Case Number: 55482452
Our client was charged with uttering threats after a report was made to the police of a potential impaired driver. The police attended to our client’s home and asked him for his identification. Our client became agitated and made several death threats to the police.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor. We directed the Prosecutor’s attention to the flaws in the case against our client and pointed out the multiple defences we could raise at trial. Ultimately, we were able to convince the Crown Prosecutor to withdraw the charge against our client. As a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 65680209
Our client was charged with assault after an altercation with her sister-in-law. The two had a verbal disagreement after they had both been drinking heavily and it was alleged that our client punched her sister-in-law multiple times in the face.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified multiple weaknesses in the case against our client. We negotiated with the Crown Prosecutor and successfully advocated for the charge against our client to be withdrawn. As a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 65680715
Our client was charged with breaching an Emergency Protection Order after he violated the condition of not being within a certain distance of his ex-girlfriend. The police were called and arrested our client.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We directed our client to attend domestic violence counseling. We began negotiating with the Crown Prosecutor. We provided proof of our client’s counseling and successfully advocated for the charge against our client to be withdrawn. As a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 55782505
Our client was charged with breaching an Emergency Protection Order after he violated the condition of not being within 500 metres of his parents’ residence. His mother had come home and called the police because she believed that our client was in her home. The police arrived and arrested our client.
Upon being retained, we ordered and reviewed our client’s disclosure. We learned from our client that he had some struggles with drug use. We directed our client to attend substance use treatment and counseling and began negotiating with the Crown Prosecutor. We explained our client’s circumstances, the circumstances surrounding the offence, and provided proof of our client’s progress. Ultimately, the Crown Prosecutor agreed to withdraw the charge against our client and our client avoided a criminal record for this charge.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 45470322
Our client was arrested the day after a verbal argument with his wife. She called the police claiming that our client had been using drugs and alcohol and had threatened to kill her. She was fearful because he owned guns. The police attended the home to assist our client’s wife in moving out while our client was not present and obtained her permission to search the residence. The police found three guns and an unauthorized magazine. The police arrested our client the next day and charged him with uttering threats, careless use of a firearm, unauthorized possession of a firearm, and unauthorized possession of a weapon.
Upon being retained, we ordered and reviewed our client’s disclosure. Our client’s priorities were to see his children and avoid a criminal record. We attended court with our client to vary his release conditions so that he would not be prohibited from making parenting arrangements with his wife. After negotiating with the Crown Prosecutor, we were ultimately able to secure a resolution through which our client forfeited the seized weapons and all charges against him were witdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 35380187
Our client was charged with assault and mischief after a heated argument with her boyfriend. It is alleged that our client kicked and damaged a door, and kicked and punched her boyfriend, who called the police. When the police arrived, they arrested our client.
Upon being retained, we ordered and reviewed our client’s disclosure. We directed our client to attend domestic violence counseling. We used proof of our client’s counseling in our negotiations with the Crown Prosecutor and successfully advocated for our client’s charges to be withdrawn. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55782504
Our client was charged with criminal harassment, intimidation, and uttering threats after his ex-girlfriend’s mother called the police to report an incident. It was alleged that our client showed up at his ex-girlfriend’s house with a gun and a hatchet, and he threatened suicide. The police located our client and arrested him.
Upon being retained, we ordered and reviewed our client’s disclosure. We directed him to attend mental health and relationship counseling, to provide proof of employment, and to provide reference letters from family and friends. We used these in our negotiations with the Crown Prosecutor, and we also explained our client’s circumstances and the circumstances surrounding the offence. Despite the strong evidence against our client, we strongly advocated on behalf of our client and convinced the Crown Prosecutor to withdraw all the charges. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Charges Diverted
Case Number: 65690262
Our client was charged following an altercation with a security guard at a Stampede tent. Patrons and staff complained about our client being intoxicated, which prompted security to intervene and escort our client out of the tent. While she was being escorted, our client escaped and attacked a security guard, who sustained injuries to her arm and hand.
Upon being retained, we immediately requested disclosure and assisted our client in securing counselling for anger management. We also requested character references, proof of community involvement, proof of employment and a letter of apology from our client, which we presented to the Crown Prosecutor. Based on this, the Crown agreed to enter resolution discussions and as a result, the matter was resolved through the Alternative Measures Program. Upon our client’s successful completion of the program, the charge was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 77790020
Our client was watching his sister’s soccer game, which was played against another viewers’ girlfriend. After the game, our client and the boyfriend of the player got into an argument regarding “dirty play”. Eventually, our client punched the man in the side of the head. The next day, the man was experiencing headaches and decided to call police. Our client was arrested shortly thereafter. As he was not a citizen, our client faced serious immigration consequences if convicted of a violent offence.
Upon being retained, we immediately ordered disclosure and reached out to the Crown Prosecutor to begin resolution discussions. We raised several mitigating factors about our client with the Crown and emphasized the disproportionate and severely adverse effects that a criminal record would have on his immigrant status. Based on these discussions, the Crown agreed to resolve the matter through the Alternative Measures Program. As a result, the charge against our client was withdrawn upon successful completion of the program.
Successful Result: Alternative Measures Program; Charge Withdrawn; No Criminal Record
Case Number: 55592567
Our client was charged with assault following an altercation with a man after a hockey game. The two were exchanging verbal insults when the complainant got into his own vehicle. Our client pulled him out of the vehicle and both parties began to push each other. Our client punched the complainant in the head, at which point he poked our client in the face numerous times to push him away. Our client was arrested at the scene and charged with assault.
Upon being retained, we requested disclosure and documentation from our client including media on the incident, emails and texts relating to it and character references. We provided these to the Crown Prosecutor and pointed out several mitigating about our client. As a result, the Crown agreed to withdraw the charge in exchange for a letter of apology to the complainant and a donation from our client to a charity of his choice.
Successful Result: Charge Withdrawn; Alternative Measures; No Criminal Record
Case Number: 65680122
Our client was charged with Domestic Assault on her boyfriend after an argument which escalated to physical violence. The boyfriend recorded audio of his side of the fight on his phone. There was significant aggression and stress in the relationship as there was an ongoing custody battle and our client was pregnant with another child. When the custody battle became serious, our client’s boyfriend reported the incident to the police and supplied his recording.
Upon being retained, we ordered and reviewed disclosure. We considered the best course of action to ensure the client did not receive a criminal record, so she could retain custody of her children. We helped our client enter counselling and negotiated with the Crown Prosecutor to have her enter the Alternative Measures Program. The Crown agreed and upon successful completion of the program, all charges against our client were withdrawn. Following the withdrawal, we successfully had the client’s fingerprints and photographs held by the Calgary Police Service destroyed.
Successful Result: Alternative Measures Program; No Criminal Record
Case Number: 75690042
Our client was evicted from her home and the lease was taken over by a new tenant. When our client discovered this, she appeared at the home and began arguing with the landlord, the new tenant and the new tenant’s friend. The argument escalated and eventually ended when our client punched the tenant’s friend in the face. She was restrained and when police arrived, she was charged with assault.
Upon being retained, we immediately requested disclosure and reviewed the case against our client. We quickly learned that she had severe mental health and addiction issues. She was not fully aware of what occurred on the day of the incident and was willing to get help. We discussed these circumstances with the Crown Prosecutor and as a result, our client was referred to Alternative Measures Program before having her charge withdrawn.
Successful Result: Alternative Measures; Charge Withdrawn; No Criminal Record
Case Number: 75790013
Our client was charged following threats made to several students at his school that he planned to bring a gun to graduation and kill 50 people. Police were called to the school where they spoke to witnesses, staff and our client. Our client admitted that he had in fact made the threats. Officers arrested our client and charged him with uttering threats to cause death.
Upon being retained, we immediately requested disclosure and took a statement from our client. We requested evidence of counselling, character references and an apology letter to the complainants. We brought these to the Crown Prosecutor and discussed the fact that our client was a youth with no criminal record who showed remorse and a willingness to attend counselling. As a result, our client was referred to Mental Health Diversion and the criminal charge was withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 25290285
Our client was arrested following an encounter with a Peace Officer in which he refused to provide the officer with his name, driver’s license, registration and insurance. The officer pulled our client over after discovering that his license plate was unattached to the vehicle. When our client refused to provide the officer with the requested information, he was arrested and subsequently released on a Promise to Appear.
Upon being retained, we immediately requested disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the charge through the Alternative Measures Program and as a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65690225
Our client was cleaning his shotgun when he accidentally loaded a live round instead of a blank round and test fired it. The pellets were discharged through the window of his house and travelled into his neighbor’s house causing $5,000 in damage. He was charged for careless discharge of a firearm and had his shotgun seized.
Upon being retained, we did a thorough analysis of the case and our client’s background. We entered raised several mitigating factors about our client with the Crown Prosecutor and as a result, the Crown agreed to resolve the matter through the Alternative Measures Program which resulted in a withdrawal of charges and the return of the client’s shotgun.
Successful Result: Charge Withdrawn; Seized Property Returned; No Criminal Record
Case Number: 3260026
Our client was arrested following a 911 call from a caller who claimed that they heard a person screaming in a nearby house for almost 40 minutes. The police attended the residence and found that the screaming came from our client, who had just been accidentally sprayed with bear spray. The police assisted our client, and after calming down our client said he was ready to go to bed. Before he left the room, one officer insisted that the contacts that our client was wearing should come out, so that our client could avoid any risk of infection from the bear spray. Our client reacted violently to the police’s suggestion, began arguing with the police and ultimately threatened to kill one of the cops. It is further alleged that he also lunged at the officer, tried to grab the officer’s throat, and began to strike the officer. Our client was then arrested and charged with assaulting a peace officer.
After reviewing all of the evidence against our client, we had a meeting with our client where we discussed his personal circumstances and learned more about the circumstances surrounding the offence. We learned that at the time of the offence that he was suffering from some mental health issues. We then took this information to the Crown Prosecutor, and we were successful in advocating for our client’s placement in mental health diversion. Once our client had completed his program, all charges against him were withdrawn.
Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record
Case Number: 551943
Our client was charged with Assaulting a Peace Officer after he got into an altercation with an officer at a hospital. While in the hospital our client caused a disturbance by screaming at hospital staff while waiting in triage. Peace officers were called to the scene to assist with removing our client. As our client was being escorted out of the hospital, he screamed at the peace officer and attempted to verbally provoke him. Our client then struck the officer in the face with a closed fist, and was arrested and charged with Assaulting a Peace Officer. The entire incident was also caught on CCTV.
Once we were retained, we reviewed disclosure and immediately directed our client to begin attending counselling and to obtain other psychological assessments. After we received proof of his counselling and his assessments, we began negotiating with the Crown on his behalf. On the basis of our advocacy we were able to successfully divert our client into the Alternative Measures Program, a very rare resolution for such a serious offence. Once our client successfully completed the program, the substantive charges against him were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 531453
It was alleged that our client attacked another individual in his alley as he was pulling up to his home. The complainant reported that after he stepped out of his vehicle, that our client approached him, began to push and hit him, and wrestled him to the ground. While on the ground, our client held the complainant down while a second individual kicked the complainant. When the police arrived on scene they found that our client had fled, and had left the complainant suffering from multiple abrasions and bruising to his face and nose area.
After our client was charged with assault, we ordered and reviewed all disclosure. We found multiple weaknesses in the Crown’s case, and were able to leverage these weaknesses to obtain a favorable resolution. As our client did not wish to go to trial, we were able to convince the Crown to divert him into the Alternative Measures program. Once our client completed the program, the charges against him were dropped.
Successful Outcome: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 762209
Our client was arrested for assault with a weapon, uttering threats, and unauthorized possession of a prohibited weapon after he walked into a retail operation with a 11 to 12 inch hunting knife sheathed at his side. Upon entering the business, he began yelling at employees and threatened to kill one of them while holding the hilt of his knife. The police were called and he then fled the scene. The police located our client in his vehicle shortly thereafter, and had to remove him from his vehicle at gunpoint.
Upon being retained we immediately ordered disclosure and found out that our client suffered from mental health issues that likely contributed to the incident. We sought out proof of his medical condition and identified all weaknesses in the evidence against our client. We then scheduled a meeting with the Crown Prosecutor to negotiate a resolution on our client’s behalf. We were able to successfully persuade the Crown to accept our client’s placement in the Mental Health Diversion Program despite the very serious nature of the charges. After his successful completion of the program, all charges against our client were withdrawn.
Successful Outcome: Mental Health Diversion, Charges Withdrawn, No Criminal Record
Case Number: 761988
Our client was charged with Criminal Harassment after he had sent hundreds of texts messages to a high school acquaintance, and an equally large number of messages to her over social media. The messages were not only voluminous, but were disturbing in content. The complainant had asked our client to stop sending her messages on multiple occasions, and had tried blocking our client, yet he persisted in attempting to communicate with the complainant.
Upon being retained we immediately ordered disclosure and began negotiating with the Crown. Due to the strength of evidence against our client, the Crown initially wanted a guilty plea to the offence in order for a mitigated sentence. However, on the basis of our advocacy we were able to divert our client into the Mental Health Diversion Program. Upon his successful completion of the program, the charges against him were withdrawn.
Successful Outcome: Mental Health Diversion, Charges Withdrawn, No Criminal Record
Case Number: 55182489
Our client was arrested following a 911 call from a witness who claimed that our client’s friend had been driving erratically. Upon arriving at our client’s home, the police attempted to arrest our client’s friend for impaired driving. Our client allegedly objected to the police entering her home in pursuit of her friend and attempted to force herself between her friend and the police. Our client was subsequently charged with assaulting a peace officer and resisting arrest.
Upon being retained, we ordered disclosure and began negotiating with the Crown. We identified deficiencies in the Crown’s case and pointed out positive aspects of our client’s background and personal circumstances. We convinced the Crown to divert our client’s charges to the Alternative Measures Program. Upon her successful completion of the program, the charges were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 55582475
Our client was arrested for mischief under $5000 and assault of a peace officer after an argument with his roommate escalated while our client had been drinking.
Upon being retained, we immediately brought the matter into court to vary our client’s release conditions. We directed our client to attend for alcohol counseling. We convinced the Crown Prosecutor to divert our client’s charges to the Alternative Measures Program and upon his successful completion of the program, his charges were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 75780018
Our client was charged with assault after he got into a fight with his ex-girlfriend and her new boyfriend at a bar. Our client had only recently discovered that the two were having an affair. He was unable to control his emotions and got into a physical altercation with the man.
Upon being retained, we considered the best course of action and determined that our client was a good candidate for the Alternatives Measures Program. The Crown Prosecutor agreed, and upon successful completion of the program, the charges against our client were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 45480353
Our client was arrested following a 911 call from her boyfriend who informed the police that she had tried to commit suicide in their hotel room. The police attended the hotel and apprehended our client under the Mental Health Act. During the apprehension, our client kicked, punched, and spat on police officers. Our client was then arrested and charged with assaulting a peace officer.
Once we were retained, we reviewed the evidence against our client and had a meeting to discuss her personal circumstances and the circumstances surrounding the offence. We learned that our client had been suffering from some mental health issues. We took this information to the Crown Prosecutor and were successful in advocating for our client’s placement in the Mental Health Diversion Program. Upon our client’s successful completion of the program, the charge against her was withdrawn.
Successful Result: Mental Health Diversion, Charge Withdrawn, No Criminal Record
Case Number: 35380195
Our client was charged with two counts of assault after an altercation outside a grocery store. After someone hit our client with his cart twice, an argument escalated until our client punched that person and incidentally hit that person’s daughter. Our client also punched another person who was filming him with their phone.
Upon being retained, we reviewed our client’s disclosure and discussed potential resolutions with our client. We began negotiating with the Crown Prosecutor and we were successful in advocating for our client’s placement in the Mental Health Diversion Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.
Successful Result: Mental Health Diversion, Charge Withdrawn, No Criminal Record
Case Number: 45401353
Our client was charged after she had locked herself in her hotel room and the police attempted to apprehend her for her own safety under the Mental Health Act. Our client was in severe distress at the time and she kicked one of the police officers in the face and chest. She was arrested and charged with assault.
Upon being retained, we ordered and reviewed disclosure. We learned that our client was suffering from severe mental health issues at the time of the offence. We convinced the Crown Prosecutor to resolve the matter through the Mental Health Diversion Program. After our client successfully completed the program, her charges were withdrawn.
Successful Result: Mental Health Diversion, Charge Withdrawn, No Criminal Record
Charges Resolved with a Peace Bond
Case Number: 25280053
Our client was charged with criminal harassment after sending numerous emails, Facebook messages and text messages to her ex-husband, his girlfriend and their friends and family members.
Upon being retained, we immediately ordered disclosure and requested character references and proof of counselling from our client to provide to the Crown Prosecutor. We entered negotiations with the Crown and discussed the steps that our client was taking to address her anger. We also raised the unique circumstances of our client that would be significantly impacted by a criminal record. As a result of these negotiations, the Crown agreed to resolve the charges with a peace bond and our client avoided a criminal record.
Successful Result: Charges Resolved with a Peace Bond; No Criminal Record
Case Number: 75790039
Our client was arrested following an altercation with his girlfriend in her vehicle. The couple got into a fight in the car and our client eventually pulled his girlfriend’s keys out of the ignition while the car was not moving and removed her house and garage keys. When she attempted to retrieve them, our client pulled her hair and she bit him in the arm. Our client ended the fight by getting out of the vehicle and slammed the door, causing significant damage. Immediately after the incident, our client’s girlfriend contacted police and he was later arrested at his home.
Upon being retained, we immediately requested disclosure and began resolution discussing with the Crown Prosecutor. We discussed the mitigating factors in our client’s case and as a result, the Crown agreed to withdraw the charge and resolve the matter with a Peace Bond.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55592586
Our client was charged with two counts of assault, assault with a weapon and dangerous driving after an altercation with another driver on a highway. After several near-miss incidents with another driver, the vehicle eventually came to a sudden stop forcing our client to collide with the back of the other vehicle. When our client got out of his vehicle to assess the damage, the two occupants of the other vehicle came to confront him, and a fight ensued. The fight escalated and eventually our client ran back to his vehicle and fled. Later that evening, the police went to our client’s home. He was not there, but they informed his wife that he should go to the station to fill out a collision report. As soon as our client became aware that police were looking for him, he went to the police station where he was immediately charged with assault.
Upon being retained, we immediately requested disclosure and identified several issues with the case against our client. We raised these, as well as mitigating factors about our client with the Crown Prosecutor and as a result, the Crown agreed to resolve the matter with a peace bond.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65680203
Our client was charged with assault and uttering threats following an altercation with his ex-girlfriend. It is alleged that he hit her and kicked her when she fell to the ground. Our client did not recall the events of the evening. At the time, he was a foreign national working in Canada on a VISA and because of the criminal charge, his passport was revoked.
Upon being retained, we requested disclosure and immediately began resolution discussions with the Crown Prosecutor. We instructed our client to enroll in alcohol counselling, requested a proof of employment letter from his manager and proof of his living situation to present to the Crown. Based on this, we were able to successfully persuade the Crown to resolve the matter with a peace bond and return our client’s passport. As a result, the charge was withdrawn, and our client avoided a criminal record.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 25580072
Our client was charged with assault after a late-night fight at a restaurant. Several other individuals were charged in the incident as well. The client had an overseas trip planned which was impossible given the conditions imposed by the officer.
Upon being retained, we immediately attended court, altering conditions to ensure our client could leave on his scheduled trip. We then ordered and reviewed disclosure and discovered several mitigating factors and problems with the case against our client. We raised these with the Crown Prosecutor and as a result, the Crown agreed to enter our client into a Peace Bond. This strategy allowed our client to maintain his clean record as the charges were withdrawn.
Successful Result: Peace Bond; Charge Withdrawn; No Criminal Record
Case Number: 75790052
Our client was arrested following an altercation with his wife which escalated into violence and momentarily involved their son. As a result of the altercation, his wife sustained several injuries. Due to the criminal charges of domestic assault, our client was ordered not to go to his home or speak to his wife and son. After missing his first scheduled court appearance, he was charged with Failure to Appear.
Upon being retained, we learned several mitigating factors about our client, including the fact that nearly a dozen community members offered to provide a character reference for him and that he had sought out counselling immediately after the incident. We brought these to the Crown Prosecutor and based on this, the Crown agreed to resolve the charges with a peace bond. Upon completion, the charges were withdrawn, and our client avoided a criminal record.
Successful Result: Peace Bond; No Criminal Record
Case Number: 9593829
Our client was attending a wedding at a hotel with his girlfriend when several staff members contacted security and then police complaining that he had been abusive towards her. When police arrived and spoke to our client, his girlfriend repeatedly denied that he had abused her. Officers reviewed camera footage from the hotel and noticed several incidents where our client hit and pushed his girlfriend.
Upon being retained, we immediately requested disclosure and reviewed it with our client. We pointed out to the Crown Prosecutor that his girlfriend indicated to Victim’s Services that she did not fear for her safety and needed to have the no-contact condition cancelled as she and her boyfriend lived together. As a result, the Crown agreed to resolve the charge with a peace bond, allowing our client to seek counselling and avoid a criminal record.
Successful Result: Peace Bond; No Criminal Record
Case Number: 751858
Our client was charged with assault with a weapon after she and her husband got into an argument that began over an upcoming hockey game. The argument escalated to the point where our client picked up a steak knife and began lunging at her husband. She managed to cut him four times in the face before the police were called.
Upon being retained we conducted a thorough review of our client’s disclosure and immediately directed our client to enroll in anger management counselling. We used the weaknesses in our client’s case when negotiating with the Crown Prosecutor to persuade them to join us in an application for a common law peace bond. On the basis of our advocacy, our application was successful and the charges against our client were withdrawn.
Successful Result: Common Law Peace Bond, Charges Withdrawn, No Criminal Record
Case Number: 762098
Our client was charged for assaulting his wife with a weapon after a verbal argument between the couple became heated and escalated to violence. At one point during the argument, our client picked up the TV remote control and violently threw it at his wife’s face causing bruising. His wife then called the police who attended the scene and arrested our client.
Upon being retained we assisted our client in adjusting the conditions of an emergency protection order that had been put in place after the offence. We also assisted our client in developing a counselling and treatment plan to assist him with his anger management, as well as a substance abuse problems he was struggling with at the time. We then were able to successfully resolve the matter by way of a peace bond, and as a result all of the substantive charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 700251
Our client was charged with domestic assault after getting into a verbal altercation with his ex-girlfriend at a bar. It was alleged that at the bar he pushed her in front of several witnesses and caused her to strike her head on a table as she fell. The entire event and was also captured by CCTV.
Upon being retained, we immediately requested disclosure and began resolution discussions with the Crown. Notwithstanding the strength of the evidence against our client, we were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charges against our client were withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 762029
It was alleged that our client had gotten into a number of physically and verbally violent altercations with his common-law partner. The complainant had told the police that he had been verbally abusive towards her, and that one night he pushed her down a flight of stairs and dragged her out of their house, locking the door behind her.
Upon being retained we immediately ordered disclosure and identified a number of weaknesses in the Crown Prosecutor’s case against our client. Upon discussing the matter with the Crown, we were able to use these weaknesses to resolve the matter by way of a peace bond. As a result, the substantive charges against our client were withdrawn.
Successful Outcome: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 751882
Our client was charged with domestic assault after getting into a violent altercation with his ex-wife with whom he continued to share a home. One night when his ex-wife returned home, our client threw a glass of water down the stairs at her. He then came down the stairs, grabbed her by the hair and shoulder, and threw her onto the ground causing her nose to bleed. Our client then grabbed her by the throat and began to choke her. During the struggle, his ex-wife managed to secretly call 911. The line was left open and she could be heard crying while our client could be heard talking in the background. Our client briefly left the room, and his ex-wife ran out into the street in an attempt to escape. When the police pulled up, they found our client chasing after his ex-wife in the street and arrested him.
Upon being retained we discussed the incident with our client, who explained that his actions were related to a medical condition. We immediately sought out proof of this condition from his doctor, and we also assisted him with developing a fulsome counseling plan to address his anger management issues. We then identified any weaknesses we could find in the case against our client and began negotiating with the Crown Prosecutor. We were able weaknesses in the Crown’s case, our client’s medical condition, and our client’s counselling to persuade the Crown to join us in a successful application for a peace bond. As a result, the charges against our client were withdrawn. `
Successful Result: Peace Bond, Charges Withdrawn No Criminal Record
Case Number: 762047
Our client was charged with Domestic Assault after he got into a heated argument with his girlfriend. It is alleged that during the argument he grabbed her by the throat and threw her across the kitchen. She then called the police who attended the scene and arrested our client.
Upon being retained we immediately ordered and reviewed disclosure and identified weaknesses in the Crown’s case. We began to negotiate with the Crown and were able to successfully resolve the matter by way of a peace bond. As a result, the substantive charges against our client were withdrawn.
Successful Outcome: Charges Withdrawn, Peace Bond, No Criminal Record
Cochrane Provincial Court
Case Number: 7620291
Our client was facing a historical domestic assault charge. It was alleged that he had grabbed his partner by the hair and dragged her out of the home in front of their six-week old child. Upon being retained we immediately sought disclosure and reviewed it in detail with our client. We entered resolution discussions with the Crown and successfully negotiated a peace bond for our client. As such, the domestic assault charge was withdrawn.
Successful Result: No Criminal Record, Peace Bond, Charge Withdrawn
Cochrane Provincial Court
Case Number: 7620471
Our client was charged with assaulting his girlfriend after he called 911 during an argument between the two of them.
Once retained we sought disclosure and immediately began negotiating with the Crown. We were successful in obtaining a peace bond for our client and the domestic assault charge was withdrawn.
Successful Result: Peace Bond, Charge Withdrawn
Case Number: 35170075
Our client was arrested for domestic assault after he came home from drinking at the bar to find the doors to his house locked. He then broke the handle to one of the doors so that he could gain entry to the house. Once he was inside, he found his common law partner and began to scream at her and push her, and at one point he put both of his hands around her neck. Throughout the entire altercation his common law partner was holding their 1 year old child. She managed to call the police, who later arrived and arrested our client.
Upon being retained we immediately ordered disclosure and amended the conditions of our client’s bail so that he could see his children while his matter was being resolved. We also directed him to enroll in counselling and obtained proof of his attendance. We used this in conjunction with the weaknesses we had identified in the case against our client to successfully advocate for a peace bond. As a result, the charges against our client were withdrawn and our client did not obtain a criminal record.
Successful Result: Peace Bond, Charges Withdrawn No Criminal Record
Case Number: 326003
Our client got into a verbal altercation with his girlfriend in his girlfriend’s house. As the altercation escalated, it was alleged that our client damaged a number of his girlfriend’s belongings and that he also punched a hole in the wall. It was alleged that as his girlfriend attempted to stop him from breaking her possessions, he grabbed his girlfriend by the neck trying to choke her, and then pushed her away. His girlfriend called the police and our client was arrested and charged with Domestic Assault and Mischief.
Upon being retained, we ordered disclosure and identified all inconsistencies and weaknesses in the evidence against our client. We then began resolution discussions with the Crown Prosecutor and were able to successfully persuade them to resolve the charges with a peace bond. As a result, our client was able to avoid a criminal record.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 651948
It was alleged that our client was witnessed berating and striking a young boy in the middle of a restaurant. It is also alleged that he was hitting the boy with an open hand, and hit him with a closed fist in the head. Witnesses intervened, and he was then seen dragging the boy out of the restaurant and into his car. After a witness called the police and reported the incident, our client was arrested by the police and charged with Assault.
Upon being retained, we immediately filed for disclosure and identified all weaknesses in the case against our client. We utilized these weaknesses in resolution discussions with the Crown Prosecutor and were able to resolve the matter with a common law peace bond. As a result, the charges against our client were withdrawn.
Successful Result: Charges withdrawn, Common Law Peace Bond
Case Number: 751917
Our client was charged with domestic assault and intimidation after he got into an argument with his wife that escalated and became physical. The argument started as they were discussing a potential divorce. As the argument progressed, our client began to drink and became increasingly angry. He elbowed the complainant in the mouth, then grabbed her by the throat and hit her with a closed fist in the eye. The complainant retrieved her cell phone and tried to call for help, but our client took it from her hands and submerged it in water. The complainant later was able to run from the house to a nearby police station where she told the police what had happened. The police then returned to the residence and arrested our client, and charged him with domestic assault and intimidation.
Upon being retained we immediately reviewed reviewed disclosure and began preparing for trial. We obtained glowing letters of reference from our client’s former employers and acquaintances. We also assisted our client in obtaining a professional psychiatric evaluation so that the court could better understand our client’s unique personal circumstances, and how those may have contributed to the offence. On the basis of our advocacy and our presentation of these materials at trial, we were able to successfully obtain a common law peace bond for our client. As a result, the substantive charges against him were withdrawn.
Successful Result: Common Law Peace Bond, Charges Withdrawn, No Criminal Record
Case Number: 751806
Our client was arrested and charged with domestic assault, assault with a weapon, and uttering threats after an extremely heated argument with his wife over their pending divorce. The argument began when our client started making degrading comments about his wife’s parenting abilities. His wife decided to stand up for herself, and in response our client grabbed her, pinned her down and began slapping her while he yelled at her. His wife managed to escape into another room, only to be chased by our client, caught, pinned down again and slapped. Our client was forced to stop when his wife’s mother intervened. After exiting the room, our client went into the kitchen, grabbed a knife and charged at his wife, telling her that he would kill her. The couple’s infant child was present for the entire altercation.
Upon being retained, we thoroughly reviewed all disclosure which included some audio and video recordings of our client committing the alleged offences. We flushed out all weaknesses in the case against our client and discussed his options. He directed us to seek a resolution with the Crown Prosecutor that would allow him to avoid a criminal record. We directed him to immediately enroll in anger management counselling to assist with the negotiation process. We began resolution discussions with the Crown, and used proof of our client’s counselling and weaknesses in the case against our client to persuade the Crown to join us in a successful application for a Peace Bond. As a result, the charges against our client were withdrawn.
Successful Result: Peace Bond, Charges Withdrawn, No Criminal Record
Case Number: 4362186
Our client was charged with Domestic Assault, Forcible Confinement, and Mischief after he got into an argument with his girlfriend over her relationship with her ex-boyfriend. The argument became heated, and our client’s girlfriend tried to leave the room but our client would not let her. Every time she attempted to walk out, our client would push her back. She eventually managed to get past him, but he caught up with her and pushed her into the wall which became dented from the force of the impact. He then punched her in the face with a closed fist, and took her cell phone from her and broke it. After he was arrested and released, he subsequently tried to reach out to her through one of her friends, breaching the conditions of his release.
Upon being retained we immediately ordered disclosure and quickly identified any weaknesses we could find in the case against our client. We also helped our client enroll in a comprehensive counselling course which would help him better his anger management skills. We then began resolution discussions with the Crown Prosecutor, and with the Prosecutor’s support were able to successfully resolve the matter by way of a peace bond. As a result, the substantive charges against our client were withdrawn.
Successful Result: Peace Bond, Charges Withdrawn, No Criminal Record
Case Number: 750983
Our client was arrested and charged with extortion, publication of intimate images without consent, and assault after she obtained nude images of the complainant and her husband. She subsequently demanded that the complainant meet with her in person. When she and the complainant met, she struck the complainant in the face. She also demanded a lump sum payment from the complainant, and threatened that if she was not paid, she would post the images on social media.
Upon being retained we immediately ordered and reviewed disclosure and identified serious evidentiary issues in the case against our client. We also sought out multiple, strong character references for our client, and assisted our client in selecting anger management courses which she successfully completed. We used the evidentiary weaknesses in the Crown’s case and proof of our client’s counselling to advocate for the resolution of this matter by way of a peace bond. As a result, the substantive charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 762019
Our client was charged with publishing an intimate image without consent shortly after he broke up with his girlfriend and sent her nude image to her mother. His girlfriend quickly found out, called the police, and our client was arrested and charged.
Upon being retained we ordered and reviewed disclosure, and helped our client register in a counselling program that would help him better manage his anger. We then discussed potential resolutions with the Crown Prosecutor and were able to successfully persuade them that the matter would be best resolved by way of a peace bond. As a result of our efforts, the substantive charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 55172318
Our client was charged with assault and unlawful confinement after getting into an extremely violent confrontation with his girlfriend. While they were together, our client looked through her phone and saw that she had been sending messages to other men. After discovering these messages, our client became outraged and began yelling at his girlfriend who then asked him to leave her house. He refused to leave, and trapped her in her room. When she tried to escape, he pushed her onto the bed, crawled on top of her, and put his hand over her mouth. She continued to struggle so our client grabbed her by the back of her head, and slammed her to the ground. As the struggle continued, his girlfriend was able to escape and call the police.
Upon being retained, we thoroughly reviewed our client’s disclosure and found a number of holes in the complainant’s version of events. We were able to use these weaknesses to persuade the Crown Prosecutor to resolve the matter with a peace bond. As a result, the charges against our client were withdrawn.
Successful Result: Peace Bond, Charges Withdrawn, No Criminal Record
Case Number: 762075
It is alleged that on the day of the offence, our client got into a heated verbal argument with his wife. The argument escalated to the point that our client grabbed his wife, pulled her toward him, and then punched her in the head with a closed fist. He then threatened her that if she did not leave, he would kill her. His wife also reported to the police that there was an extensive, and unreported history of domestic violence between them, and that she feared for herself and for her children.
Upon being retained we ordered and reviewed disclosure. We then directed our client to a comprehensive counselling program and began negotiating with the Crown on his behalf. We were able to successfully advocate for a peace bond, and as a result all the substantive charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 65680136
Our client was charged with domestic assault after getting into a heated argument with his ex-girlfriend. It is alleged that he pushed her to the ground, punched her, and headbutted her.
Upon being retained we immediately reviewed disclosure and identified weaknesses in the case against our client. We then began negotiating with the Crown Prosecutor and were able to successfully persuade them to resolve the charges with a peace bond. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 65670076
Our client was charged with domestic assault after getting into an altercation with his ex-partner. A neighbour called the police after learning about the altercation from our client. The police spoke with both our client and his ex-partner, who both indicated that they did not want to provide a statement or have charges laid. The police noticed bruising, scratches, and marks on our client’s ex-partner, and arrested our client for domestic assault.
Upon being retained, we immediately requested disclosure and began resolution discussions with the Crown. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 65680198
Our client was charged with domestic assault after getting into an altercation with his wife. It is alleged that our client punched his wife in the face and the back of her head after getting in a heated argument. His wife went to their neighbour’s home to call the police. When the police arrived, they arrested our client for domestic assault.
Upon being retained, we requested disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 45580003
Our client was charged with domestic assault after a physical altercation with his common law spouse. The two had been arguing and our client’s spouse had moved out of the residence. When our client’s spouse came back to pick up some belongings, it was alleged that our client grabbed her by the arms to drag her out of the residence. Her father called the police, who arrived and arrested our client for domestic assault.
Upon being retained, we requested disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 65690218
Our client was charged with domestic assault after he called the police because his wife had kicked him out of their vehicle, leaving him stranded on the highway. The police later determined that his wife had done so because our client was intoxicated and had backhanded her.
Upon being retained, we ordered our client’s disclosure. We instructed our client to attend anger management and substance use counseling programs that are well-regarded by our courts. We attended court with our client and got his release conditions amended so that he could communicate to his wife through family members to arrange seeing his children. We began negotiating with the Crown Prosecutor. By showing proof of our client’s counseling, we were able to successfully convince the Crown Prosecutor to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 45270330
Our client was charged with assault after an argument with her son. It is alleged that our client was sitting on top of her son and holding down his arms, and slapped him in the face at least two times.
Upon being retained, we ordered our client’s disclosure. We directed our client to attend parenting courses and anger management counseling that is well-regarded by our courts and we obtained proof of our client’s completion. We also obtained letters of support from our client’s employers. We used this information in our resolution discussions with the Crown Prosecutor. We were able to persuade the Crown to resolve the matter with a peace bond. As a result, the charge against our client was withdrawn and she avoided receiving a criminal record.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 45580003
Our client was charged with assault after an altercation with his girlfriend. His girlfriend had left the house a few days prior with their son and upon returning to retrieve some of her possessions, she alleged that our client physically dragged her through the house and kicked her out. The police were called to the scene and our client was arrested.
Upon being retained, we ordered and reviewed our client’s disclosure. After lengthy negotiations with the Crown Prosecutor, we convinced them to resolve the matter by way of a peace bond. The charge against our client was withdrawn and he avoided a criminal record.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 45480351
Our client was charged with assault after she hit her son-in-law on the arm with a shovel. Our client was living in the basement suite and was upset that her daughter and son-in-law had barricaded the upstairs suite. After the altercation, our client’s daughter called the police, who came to the residence and arrested our client.
Upon being retained, we requested disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 55382420
Our client was arrested and charged after he got into a fight with a bouncer outside a bar. The altercation ensued when the bouncer refused our client entry and our client became upset. Our client’s high level of intoxication contributed to his conduct. After the fight was completed, police arrived and arrested our client for assault and uttering threats.
Upon being retained, we ordered and reviewed our client’s disclosure. We immediately instructed our client to undergo addictions counselling, as this behaviour was extremely out of character and largely due to the effects of alcohol. Our client also completed anger management counselling. Using our excellent advocacy skills, we successfully convinced the Crown Prosecutor to resolve the matter by way of a peace bond. As a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number: 3401
Our client was charged with assault after an incident between his children and another child at a community center. A basketball was thrown at our client’s son by the other boy. Our client was then called by his children and upon arriving about twenty minutes later, our client grabbed the other boy by the arm and pulled him off the court to talk to him about the incident. Another parent witnessed the incident and the police were called.
Upon being retained, we ordered disclosure and spoke with our client about reaching a satisfactory resolution. After our client wrote an apology letter and provided proof of counseling, we were able to convince the Crown Prosecutor to resolve the matter with a peace bond. After our client complied with the conditions, his charge was withdrawn and he avoided any criminal record.
Successful Result: Peace Bond, Charge Withdrawn, No Criminal Record
Case Number: 44480348
Our client was charged with breaching an Emergency Protection Order after he entered within 15 metres of his ex-girlfriend. Our client talked to his ex-girlfriend in the locker room at their child’s hockey game.
Upon being retained, we requested disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Case Number:45680215
Our client was arrested following an altercation with an individual who came to his apartment door to complain about loud music. The verbal confrontation escalated until our client went into his apartment, returned with a can of pepper spray, and sprayed the victim in the face.
Upon being retained, we ordered our client’s disclosure and began resolution discussions with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 35370172
Our client was charged with assault and uttering threats after his ex-common law partner called the police to report an incident which had happened the previous day at their workplace. After a heated text message exchange about the custody of their child, it was alleged that our client grabbed her by the throat and threatened to kill her. The police attended our client’s residence and arrested him.
Upon being retained, we ordered our client’s disclosure and directed our client to attend parenting after separation counseling. By using proof of that counseling, we were able to successfully persuade the Crown to resolve the matter by way of a peace bond. As a result, the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Case Number: 65580153
Our client was charged with assault after his wife’s sister called the police out of concern that our client would hurt his wife. The police contacted our client’s wife, who confirmed that our client had slapped her on the left side of her head. The police arrested our client.
Upon being retained, we ordered our client’s disclosure and began negotiating with the Crown Prosecutor. We were able to successfully persuade the Crown to resolve the matter by way of a common law peace bond. As a result, the charge against our client was withdrawn.
Successful Result: Charge Withdrawn, Peace Bond, No Criminal Record
Charges Discharged
Case Number: 4390
Our client, 7 months pregnant at the time, was babysitting her cousin while his parents were out of town. Our client was under significant stress due to the pregnancy and was being abused by her partner. This stress boiled over one day after her cousin did not complete his chores as requested and in response, our client struck him with a charging cord. The complainant told his vice-principal the next day at school and quickly Child & Family Services and police became involved. Following a medical exam of the complainant, our client was charged with assault with a weapon. If convicted she faced possible immigration and employment consequences.
Upon being retained, we immediately requested disclosure and connected our client with an immigration lawyer while we began preparing our defense. On the instruction of our client, we entered a guilty plea to the charge and ordered a Presentence Report to provide the Judge with context of our client’s circumstances and character. We received back a positive report and based on this we made submissions to the court recommending a Conditional Discharge. The Crown Prosecutor did not agree to a Conditional Discharge, due to the age of the complainant, but despite this, the judge agreed with our submission. As a result, our client avoided a criminal record.
Successful Result: Conditional Discharge; No Criminal Record
Case Number: 25280116
Our client was arrested and charged with assault and driving while impaired. At the time of the arrest, our client was parked outside of a pub, laying down in his car with his eyes closed. The staff at the pub called police earlier in the evening after our client became intoxicated and had an altercation with a staff member before going to his vehicle. When police approached our client, they noticed that he smelled strongly of alcohol and his eyes were glossy and red. From the point of the arrest until our client got to the police station, he continuously yelled at the officer’s and later struggled with the phone provided to contact a lawyer.
Upon being retained, we immediately requested disclosure and set the matter down for trial. We advised our client to obtain counselling and informed the Crown Prosecutor of his willingness to do so. We then filed a Charter application stating that evidence was obtained from our client unlawfully and asked that it be excluded. As a result, the Crown withdrew the impaired driving charge and agreed to resolve the assault charge with a conditional sentence. Due to this resolution, our client avoided a criminal record.
Successful Result: Charge Withdrawn; Conditional Discharge; No Criminal Record
Case Number: 45670331
Our client was attending the sentencing of a man who was convicted of killing our client’s good friend. Due to the highly emotional nature of the proceedings, our client became enraged and attacked the man. During the attack, our client also applied force to a nearby Sheriff and was arrested shortly thereafter.
Upon being retained, we ordered disclosure and quickly began negotiations with the Crown Prosecutor. We raised the fact that the triggering event was highly unique and discussed several mitigating factors about our client, including his show of remorse, efforts he had taken since the incident to attain counselling and the apology that he wrote to the complainants. As a result, the Crown agreed to resolve the matter with a conditional discharge, which allowed our client to avoid a criminal record.
Successful Result: Conditional Discharge; Charge Withdrawn
Case Number: 77790025
Our client was charged with uttering threats to cause death following an altercation with his wife when he was heavily intoxicated. According to his wife, our client threatened to kill her when she fell asleep and stated that he was prepared to go to jail. She recorded the conversation and provided it to police when they arrived. Our client was arrested shortly after the incident.
Upon being retained, we immediately requested disclosure and began negotiations with the Crown Prosecutor. We provided the Crown with character references for our client as well as proof that he had obtained counselling for alcohol use and domestic violence shortly after the incident. Based on our negotiations, the Crown agreed to resolve the matter with a conditional discharge and as a result, our client avoided a criminal record.
Successful Result: Conditional Discharge; No Criminal Record
Case Number: 751873
Our client was charged with Aggravated Assault after he got into a heated argument with his partner. The argument escalated and our client pulled his partner to the ground, put his full weight on her, and continued to slap and kick her. His partner was transported to the hospital where it was reported that her liver was bleeding due to the assault in addition to other more minor injuries.
Upon retaining us we immediately reviewed disclosure and assisted our client with developing a comprehensive assessment and treatment plan. We ordered psychiatric reports and pre-sentence reports, and identified all weaknesses and inconsistencies in the Crown Prosecutor’s case. Despite the fact that the Crown was initially seeking jail time, due to the strength of our anticipated defence, we were able to successfully persuade them to join us in an application for an 18 month conditional discharge instead.
Successful Outcome: Conditional Discharge, No Criminal Record
Case Number: 551924
The police were dispatched to a 911 call for a domestic disturbance. Upon arriving, the complainant reported that she was woken up by our client who was highly intoxicated and agitated. She alleged that they began to argue, and that during the argument that he pinned her down and tried to choke her. As the struggle continued, she said that her nose ring was ripped out of her head, that our client had pulled her hair, and that he had struck her in the face. The entire incident had also unfolded in front of her children. Upon arriving, the police found that our client was already under probationary terms for a recent and previous assault.
Once we were retained, we ordered and reviewed disclosure, and identified some potential defences for our client. We then conducted an in depth interview with our client to learn about his background and to learn more about the circumstances of the offence. We were then able to use this information in an application for a discharge. Notwithstanding the fact that our client already had a lengthy criminal record, and despite the fact that he was on probation for another assault, we were able to successfully obtain a conditional discharge. As a result, our client was able to avoid receiving another criminal conviction for this offence.
Successful Result: Conditional Discharge, No Criminal Conviction
Case Number: 54362171
Our client was arrested and charged with assault after he got into a roadside altercation with another driver. Our client was speeding down the highway when another vehicle pulled in front of him so as to slow him down and prevent him from passing. Our client followed that vehicle when it turned off the highway, then quickly pulled in front of it and stopped so that the driver of the other vehicle was also forced to stop. Our client then exited his vehicle, and walked over to the other driver screaming at him for slowing him down on the highway. The other driver exited his vehicle and the men began to fight. During the fight, our client was caught on a cell phone video recording punching the other driver repeatedly in the head.
Upon being retained we immediately reviewed disclosure and directed our client to enroll in anger management counselling, and further directed him to take a defensive driving course. We also obtained a letter from his doctor outlining psychological and medical issues that may have contributed to the offence. We then forwarded this information to the Crown, and used it along evidentiary weaknesses in the case against our client to advocate for a joint application for a conditional discharge. With the Crown’s support, our application before the court was successful and our client was able to avoid a criminal record.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 2250016
Our client was arrested for assault after he and his girlfriend had gotten into a vicious altercation after leaving a bar. They began arguing and his girlfriend slapped our client in the face after he made a remark she did not like. Witnesses then saw our client then lose his temper, push his girlfriend to the ground, and kick her in the face. She then ran to a nearby store and called the police. She was covered in blood and had to be transported to the hospital as it was believed she may have broken her nose. The police quickly found and arrested our client for Assault.
Upon being retained we ordered disclosure and immediately directed our client to begin a comprehensive anger management counselling. We also sought out excellent character references for our client and obtained letters of employment. We then used these documents to support our submissions in favor of granting our client a conditional discharge. We were successful in our application, and as a result our client was able to avoid a criminal conviction.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 551932
Our client broke into his cousin’s house while his cousin, the victim, briefly stepped out of the house. His cousin returned to find our client standing in the house holding what may have been a flare gun and a small black gun. Our client demanded that his cousin give him money, and upon being declined and told to leave, shot his cousin with the flare gun in the chest, causing bleeding and swelling. Our client then fled, but was quickly apprehended by the police and charged with breaking and entering, possession of a weapon for dangerous purposes, and assault causing bodily harm.
Upon being retained we immediately helped our client develop an aggressive counseling plan, obtained glowing letters of reference speaking to our client’s character. We also sought out an expert medical report which outlined psychological factors that contributed to the offence, and which indicated that our client had a low risk for reoffending. Once we had obtained all of these documents we began negotiations with the Crown Prosecutor who agreed to join us in an application for a conditional discharge. We were successful in our application, and despite the very serious nature and number of charges, our client did not receive a criminal record.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 541745
Our client was charged with criminal harassment after he incessantly tried to communicate with his ex-wife to the point that she became reasonably afraid for her own safety. The couple had divorced the year prior, after a violent incident where our client had assaulted both his ex-wife and her mother. After their separation, our client began sending his ex-wife countless emails and called her constantly. His ex-wife explicitly told him that she no longer wanted any contact with him and asked him to stop. Despite her request, he persisted with the emails and called her cell phone over fifty times, leaving threatening messages suggesting that he would kill her. Because at the time our client was an alcoholic who could easily become violent when intoxicated, his ex-wife became very afraid of what he might do and called the police.
The police quickly located and arrested our client for harassment. Upon being retained we met with our client and reviewed the couple’s history in detail, which allowed us to find exculpatory evidence to the allegations against our client. After thoroughly reviewing the disclosure and finding further weaknesses in the case against our client, we set an early case resolution meeting with the Crown Prosecutor. We were able to persuade the Crown to join us in a successful application for a conditional discharge, and as a result our client was able to avoid a criminal record.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 55482456
Our client was charged with assault causing bodily harm after a road rage incident. After another vehicle cut off our client’s vehicle, our client followed him until he stopped. Both individuals exited their vehicles and our client punched the other individual two to three times in the face.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. As our client frequently travelled to the United States, it was very important for him to attain an absolute discharge. It became evident that our client was suffering from symptoms of PTSD due to his long career as an emergency responder. This likely contributed to his actions, which were very out of character. Based on our client’s remorse and willingness to engage in counselling and volunteer work, as well as no prior criminal record, we were able to secure the absolute discharge that our client hoped to attain.
Successful Result: Absolute Discharge, No Criminal Record
Case Number: 55482455
Our client was arrested and charged after he used pepper spray on one of his classmates. There were multiple witnesses and the victim had swollen eyes, a runny nose, and a red face. Our client stated that he was peer-pressured by his friends to commit the assault.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. In discussions with the Crown, we highlighted our client’s previously clean record, successful participation in counselling, his improved performance in school, and his remorse and desire to accept responsibility for his actions. The Crown Prosecutor agreed to resolve the matter with a conditional discharge and our client avoided a criminal record.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 55582450
Our client was charged with several counts of uttering threats and criminal harassment after a lengthy period of nearly two years during which he verbally harassed his neighbours and on several occasions threatened to physically harm them. Our client was suffering from a number of concurrent disorders, including substance abuse and mental health issues, which were the primary reasons for this behaviour.
Upon being retained, we immediately advised our client to secure a new living situation away from the complainants, his former neighbours. We also instructed our client to undergo addictions counselling and psychiatric treatment. After our client’s successful completion of these recovery programs, we convinced the Crown Prosecutor to accept a guilty plea in exchange for a conditional discharge. Not only did our client avoid jail time, he also avoided a criminal record.
Successful Result: No Jail Time, No Criminal Record
Charges Resolved with Reduced or No Jail Time
Case Number: 25390283
Our client was charged following an altercation with his wife and son. Our client and his son got into an argument, which escalated into violence and ended when our client hit his son in the face with a laundry basket. Our client’s wife overheard the fight and came to confront him, at which point they began arguing and our client spit at his wife. The next day, our client’s wife contacted police and our client was arrested.
Upon being retained, we immediately requested disclosure and took a statement from our client regarding steps that he had taken since the incident to address his anger, including counselling. We requested proof of counselling from our client and provided this to the Crown Prosecutor. We then entered resolution discussions with the Crown, which led to the withdrawal of the Assault with a Weapon charge in exchange for a guilty plea to the Assault charge. As a result, our client did not spend any time in jail.
Successful Result: Charge Withdrawn; Suspended Sentence; No Jail Time
Assault Causing Bodily Harm and Assault With a Weapon Charges Result in a Conditional Sentence Order
Case Number: 762082
Our client was charged with Assault With a Weapon and Assault Causing Bodily harm after entering the house of an acquaintance and beating him with a baseball bat. Earlier that night our client was at the victim’s residence drinking with several other people. They got into a disagreement, during which the victim insulted our client’s girlfriend. In response, our client left and returned with a baseball bat, and struck the victim in the head. The victim suffered grievous injuries for which he had to be hospitalized for several months, had to receive extensive surgery, left him deaf in one of his ears, and that left him unable to drive or work following the incident. Due to the extensive and serious nature of the injuries sustained by the victim, as well as the fact that our client had a criminal record, the Crown was seeking a period of incarceration.
Upon being retained, we immediately ordered disclosure and directed our client to enroll in a comprehensive counselling program. We thoroughly reviewed the disclosure against him and used weaknesses we found in his case as well as the counselling our client had completed to advocate for a resolution that would allow our client to remain out of jail. As a result of our efforts, we were able to successfully obtain a conditional sentence order that allowed him to serve a short sentence in the community.
Successful Result: Conditional Sentence Order, No Time in Jail
Case Number: 45470304
Our client was charged with assault causing bodily harm, two counts of assault, and three counts of uttering threats after a physical altercation with his girlfriend. Our client had been drinking all day and hit his girlfriend in the face. Two bystanders interfered in the altercation. Our client threatened to kill all of them.
Upon being retained, we ordered and reviewed our client’s disclosure. We instructed our client to complete anger management, substance use, and relationship counseling. We began negotiating with the Crown Prosecutor. We obtained a resolution in which our client pled guilty to two counts of assault and the Prosecutor withdrew the remaining counts. We conducted a contested in-court sentencing hearing where the Crown Prosecutor argued that our client should receive 60 days in jail. We successfully argued that our client should receive a 6 month Conditional Sentence Order. As a result, our client was able to avoid jail and serve his sentence in the community.
Successful Result: Conditional Sentence Order, No Jail
Sexual Offences
No Charges Laid
Case Number: 55792529
Our client was being investigated by the police in relation to sexual interference allegations made by his former stepson. He was being asked by the RCMP to attend for questioning (AKA Interrogation) into the matter. Prior to attending, our client reached out to us for pre-charge legal advice.
Upon being retained, we reached out to the police officer who had contacted our client to learn more about the investigation. Once we confirmed the nature of the allegations, we carefully reviewed them with our client. Our client was adamant that the allegations were untrue, so we scheduled a private polygraph test for him. After he passed our internal polygraph with no concerns, we offered to have him participate in an RCMP polygraph. He passed their test with flying colours, which successfully concluded with police investigation with no criminal charges ever being laid.
Successful Result: No Sexual Assault Charges Laid
Charges Stayed, Withdrawn, or Acquitted
Case Number: 758-190057
Our client was charged when he solicited a sexual act from a woman who turned out to be an undercover police officer. The woman approached his vehicle and the two engaged in a discussion about her services. When they reached an agreement, three unmarked police vehicles approached his vehicle and quickly arrested him for solicitation of sexual services.
Upon being retained, we immediately ordered disclosure and reviewed it with our client. We learned that our client had never solicited sexual acts previously and it was his interaction with the woman that enticed him to do so. We reached out to the Crown Prosecutor and shared this background on our client and based on this, the Crown agreed to resolve the charges through the Alternative Measures Program. As a result, the charge was withdrawn, and our client avoided a criminal record.
Successful Result: Charge Withdrawn; Resolved with Alternative Measures Program; No Criminal Record
Case Number: 4198
Our client was in an intimate relationship with the complainant for several months. At the time of the incident, the relationship was mutually coming to an end. One morning following a party the night before, our client woke the complainant up by dancing in front of her face naked, hoping to seduce her. Instead, the complainant was reminded of a previous sexual assault and the two argued for several hours. After the altercation, the complainant contacted police stating that our client had made threats to her and published an intimate image of her online. Our client was arrested shortly thereafter.
Upon being retained, we learned there was a serious discrepancy in the narrative. Our client claimed to have been doing a silly dance to amuse his partner. The complainant alleged that he tried to force his genitals into her mouth. At trial, the Judge found our client to be credible and had doubt that he did what the complainant alleged. He acquitted our client of sexual assault and entered an absolute discharge to the charge of uttering threats. The Crown Prosecutor then withdrew the remaining charge of publishing an intimate image.
Successful Result: Acquittal and Absolute Discharge at Trial; Charge Withdrawn; No Criminal Record
Case Number: 55592585
While our client was in high school, he exchanged nude photos with a female classmate. The two decided to meet in a washroom in between classes where they engaged in physical acts. The complainant claimed to the police that she did not want to go through with it, but he persisted. Our client was subsequently charged with sexual assault.
Upon being retained, we worked through the allegations with our client and analyzed the disclosure to assess the evidence against him. The complainant stated that she never actually vocalized her lack of consent. We raised a defence that, based on this statement, our client had an honest but mistaken belief in the presence of consent. As a result, the Crown Prosecutor withdrew the charge against our client.
Successful Result: Charge Withdrawn
Case Number: 37370079
Our client arranged a date with a woman he met online. When she arrived at his home, the two engaged in sexual activity. Afterwards, she left his home and complained to police that the sexual activity was forced. Our client maintained that it was consensual. He was later arrested and charged with sexual assault. If convicted, he faced the likelihood of jail and being added to a sex offender registry.
Upon being retained, we ordered disclosure and reviewed the evidence against our client. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statement and the evidence. Our client plead not guilty and we proceeded to trial. In our client’s defence, we argued that the complainant gave consent to our client to engage in the sexual acts. We also argued that if the court found that there was no consent, our client had an honest but mistaken belief that it was present. As a result of our advocacy and the credibility issues of the complainant that we raised, the judge found our client not guilty and acquitted him at trial.
Successful Result: Acquitted at Trial
Case Number: 6266008
Our client was arrested for attempting to obtain sexual services from an undercover police officer acting as a prostitute. Our client was arrested after he had a conversation with the undercover officer, during which it was agreed that he would pay her for sex. Once the arrangement was made, she directed him to attend a particular location where our client expected he would receive the solicited services. However, once he went to the location specified by the undercover officer, a police officer was there waiting to arrest him for the offence.
Upon being retained we ordered and reviewed our client’s disclosure, and began negotiating a resolution with the Crown Prosecutor. Notwithstanding the strength of the evidence against our client, were ultimately able to advocate for our client’s placement in the Alternative Measures Program. Once completed, the Crown Prosecutor withdrew the charge against our client, and our client was able to avoid a criminal record.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 35370056
Our client was charged with an indecent act after he attended a grocery store and completely exposed himself to a staff member. The staff member reported the incident to her supervisor, who then contacted the police. The police located our client shortly thereafter and arrested him for the indecent act.
Upon being retained, we did a detailed review of our client’s disclosure and found a number of inconsistencies between the police report and the statement given by the complainant. We then began resolution discussions with the Crown Prosecutor, and were able to use the inconsistencies to persuade the Crown to withdraw the charges against our client.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 311023
Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between himself and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.
While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased their prosecution and our client walked away from the charges with no criminal record.
Successful Result: Charges Stayed, No Criminal Record
Case Number: 531492
Our client was arrested for soliciting prostitution after he was caught in the act by an undercover police operation. It is alleged that our client drove into an area well known for prostitution. He approached an undercover officer posed as prostitute, and offered her cash in exchange for sexual services. After making his offer, he was informed that he was under arrest, and was charged for soliciting prostitution.
Upon being retained, we immediately ordered disclosure and reviewed the evidence against our client. Even though the evidence against him was very strong, we were able to persuade the Crown prosecutor to divert our client into the Alternative Measures Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 551866
Our client was charged with voyeurism after he tried to make an inappropriate visual recording of a staff member at a tanning salon. The complainant alleged that after she had taken off all of her clothing in a tanning room prior to entering a tanning booth, that she looked up and saw that a cellphone was being held over the wall from the adjacent tanning room. She also reported that she could tell that the phone was recording her. She yelled at a fellow staff member to bring her a robe and quickly called the police. Our client who was holding the phone and making the recording was then arrested and charged with Voyeurism.
Once retained we ordered and thoroughly reviewed disclosure and found a significant weakness in the case against our client. We were able to successfully leverage this weakness in subsequent negotiations with the Crown Prosecutor, and we were able to persuade her to withdraw the charges against our client in exchange for a charitable donation.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 55572393
Our client was charged with sexual assault after he slapped a stranger’s buttocks while he was heavily intoxicated. Our client had mistaken her for a friend. The police were called and they arrested our client.
Upon being retained, we ordered and reviewed disclosure. Through our interviews with our client, we found out that alcohol had likely contributed to his actions. We directed our client to attend for sexual boundaries counseling and substance abuse counseling. We began negotiating with the Crown Prosecutor. We advocated for our client by explaining the circumstances surrounding the offence and providing proof of our client’s progress in counseling. We ultimately convinced the Crown Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 45370276
Our client was charged with sexual interference after it was alleged that he had sexual intercourse with an underage girl. The sex was consensual and our client was not aware that the complainant was under 16 years of age. The incident was reported to the police, who then located our client and arrested him for sexual interference with a minor.
Upon being retained, we immediately reviewed disclosure and began to identify weaknesses in the Crown’s case. We also helped our client vary the conditions in his bail order to make them less restrictive. We represented our client in the Preliminary Inquiry and after a lengthy preparation for trial, the Crown eventually issued a stay of proceedings before the trial began.
Successful Result: Charges Stayed, No Criminal Record
Charges Resolved with a Peace Bond
Case Number: 1514446
Our client, a youth, had a party at his home where everyone was drinking. Following the party, a female friend slept in his bed and the two engaged in sexual activity. The next morning, she advised him that she did not consent and went to the hospital and police. Our client was then charged with sexual assault.
Upon being retained, we scheduled a section 276 hearing to determine whether there was evidence to support our client’s honest but mistaken belief in consent defence. This hearing supported our client’s contention that he honestly believed in the presence of consent. Based on this, we were able to persuade the Crown Prosecutor to withdraw the charges and resolve the issue with a Peace Bond.
Successful Result: Charge Withdrawn; Resolved with a Peace Bond; No Criminal Record
Case Number: 1514389
Our client was staying over at a family friend’s home when his friend’s six-year-old daughter came to sit with him on the couch. She later told her mother that our client moved her hand to his genital area. The mother called the police and after investigating, our client was charged with sexual assault, sexual interference, and sexual invitation. If convicted, he faced a likely prison sentence and would be added to the sex offender registry.
Upon being retained, we ordered disclosure and reviewed video footage of interviews with our client, the complainant and others involved in the investigation. The reliability of the complainant was a concern and our client denied the alleged conduct. There were no allegations of any other behavior and our client had a clean record. At the preliminary inquiry, we spoke with the Crown Prosecutor and she agreed to withdraw the charges in return for our client entering a Peace Bond.
Successful Result: Charges Withdrawn; Resolved with a Peace Bond; No Criminal Record
Case Number: 551903
Our client was charged with sexual assault, breaking and entering, assault, and dangerous driving after an extremely heated argument with his wife about their recent separation. The verbal argument became physical, and his wife alleged that our client had sexually and physically assaulted her. She also alleged that during the assault she tried to escape in her vehicle, but her husband chased her down the street in his car. The charges against our client were further aggravated by his wife reporting a long history of sexual abuse throughout their relationship.
Our client initially retained us when he called us from jail seeking an immediate bail hearing. We were able to successfully and quickly secure his release without a formal hearing by negotiating his release on very strict conditions. Upon being retained, our client explained to us that he not only wanted to avoid time spent in jail, but that he needed to avoid a criminal record in order for him to keep a job that required frequent travel between Canada and the United States. However, based on the severity of the charges a significant jail sentence was initially being sought by the Crown Prosecutor. Prior to entering into resolution discussions with the Crown, we conducted an extremely thorough review of the disclosure for our client’s charges and flushed out every weakness and inconsistency in the Crown’s case. We further directed our client to engage in extensive counselling to improve the outcome of his matter. We then began to negotiate with the Crown, and on the basis of our strategic advocacy we were able to successfully resolve all matters by way of a peace bond. As a result, all substantive charges against our client were withdrawn.
Successful Outcome: Peace Bond, Charges Withdrawn, No Criminal Record
Charges Discharged
Case Number: 2250023
Our client was charged with voyeurism after he placed a camera in the bathroom he shared with his roommate female roommate. While in the bathroom, his roommate found the concealed camera, played it back, and found footage of our client hiding it from view. She called the police and reported the incident, and our client was then arrested and charged with voyeurism.
Upon being retained we immediately sought disclosure and quickly went before the court to amend a term of our client’s recognizance which precluded him from entering his own home. We then helped our client develop a comprehensive plan to address the underlying mental health issues that contributed to his criminal acts. We also ordered a presentence report and sought out letters of reference and proof of counseling, which was forwarded to the Crown. The Crown was persuaded to join us in an application for a conditional discharge, and on the basis of our advocacy we were able to successfully obtain an 18 month discharge which allowed our client to avoid a criminal record.
Successful Outcome: Conditional Discharge, No Criminal Record
Charges Resolved with Reduced or No Jail Time
Case Number: 25190290
Our client was charged with sexual assault after a pub employee complained that he inappropriately touched her. The police were called and immediately arrested our client at the pub.
Upon being retained, we ordered and reviewed disclosure and prepared our defence. We began negotiations with the Crown Prosecutor who originally sought a full prison sentence for our client if convicted. Despite this, we were able to successfully negotiate an early resolution of probation with community service and as a result, our client did not spend time in jail for the offence.
Successful Result: Suspended Sentence (Probation); No jail time
Case Number: 55592526
Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.
Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges, and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and based on those discussions the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.
Successful Result: Charge Withdrawn; 12 Months Jail and Probation
Case Number: 35380218
Our client participated in online forums where he wrote stories of sexual fantasies and shared them on the internet. Some of these stories contained sexual interactions between himself and minors. When he was anonymously reported for these stories, the police opened an investigation. There was no evidence of actual sexual contact, but the stories themselves still constituted a charge of Possession of Child Pornography. Our client was arrested and faced a lengthy prison sentence if convicted.
Upon being retained, we ordered disclosure and reviewed the investigation of our client. This charge previously carried a mandatory minimum sentence of 6 months whether it was dealt with as a summary offence or an indictable offence. The minimum sentence was struck down at the indictable level prior to our client being charged. While we were confident in our ability to have it struck at a summary level, we instead strategically elected to proceed at the indictable level and were successful in arguing for a sentence of 90 days of intermittent imprisonment.
Successful Result: Reduction in Jail Time below the Mandatory Minimum
Case Number: 55492536
As a teenager, our client spent years accumulating a collection of child pornography to trade with strangers on the internet. Based on a tip, the police executed a search warrant on our client’s personal devices where they found hundreds of images and videos. Our teenage client was facing an adult sentence of a lengthy prison term which was likely to cause serious harm to his adult development and rehabilitation.
Upon being retained, we worked to enter our client into counselling and mental health treatment. He was welcomed into sexual support counselling with specialists in this area. Due to his age and his clear demonstration of remorse, the Crown Prosecutor agreed to sentence him under the Youth Criminal Justice Act for a probationary period with no jail time.
Successful Result: Probation; Mental Health Treatment
Case Number: 55672380
Our client was arrested after the police executed a warrant to search his residence and seized several electronic devices. Our client was facing a significant set of charges including making, possessing, and accessing child pornography, four counts of luring, procuring a young person, and invitation to sexual touching, all occurring over the course of many years. Our client was facing a minimum of 13 years imprisonment if he was convicted of all these offences. The charge of procuring alone carried a minimum sentence of 5 years imprisonment.
Upon being retained, we ordered and reviewed disclosure. With our client’s instructions to resolve his matters, we began extensive negotiations with the Crown Prosecutor on the file. We successfully argued for a significant reduction of charges and a jail sentence of only 3 years.
Successful Result: Reduction in number of charges, Reduced jail sentence
Property Offences
Charges Stayed, Withdrawn, or Acquitted
Case Number: 65690248
Our client was charged after she smashed her neighbors’ window late one evening. When police arrived, they saw a trail of blood leading to our client’s front door and when they spoke with her, they noticed cuts all over her hand. Our client admitted that she had smashed the window and was immediately arrested.
Upon being retained, we ordered disclosure and instructed our client to attain counselling and compensate her neighbor for the window damage. With proof that she had taken these steps, we were able to persuade the Crown Prosecutor that the incident was out of character for our client and that a criminal record would have a serious negative impact on her ability to gain meaningful employment upon completion of her schooling. As a result of our negotiations, the Crown agreed to withdraw the charge and our client avoided a criminal conviction.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65680192
Our client had a dispute with her bank after her account was closed for unpaid fees. When she learned it would not be reopened until fees were paid, she stormed out, slamming the bank door, causing significant damage. Our client recently started a new job after a significant period of unemployment and wanted to ensure she did not receive a criminal record.
Upon being retained, we began negotiations with the Crown Prosecutor in order to resolve the matter informally. Our client was sent to Alternative Measures but due to her new employment, she was unable to complete all the requirements. After an extension was rejected, we spoke directly with the Calgary Assistant Chief Crown Prosecutor and secured an arrangement that allowed her to make a charitable donation in return for a withdrawal of her charges.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 75790001
Our client was pulled over driving a vehicle with a stolen license plate in 2010. At the time of arrest, she was at the peak of drug addiction. Following this incident, she entered rehab in another province and became sober for over eight years. She was completely unaware of the ongoing charge or the failure to appears that had arisen since leaving the province. When she applied for a pardon for old charges in 2019, she learned of her active charges and contacted our office for assistance.
Upon being retained, we learned more about the steps that our client had taken since 2010 and the positive impacts she was making on her community. We raised these with the Crown Prosecutor and discussed why prosecuting these charges is not in the public interest. The Crown agreed and immediately withdrew the old charges.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 77790003
Over the course of two days, our client deposited four cheques from one account in her name to another and promptly withdrew the funds. When the bank realized that the account that the cheques came from had insufficient funds, they contacted police. Our client was arrested on four counts of unlawfully obtaining money not exceeding $5,000.00.
Upon being retained, we immediately ordered disclosure and reviewed the case against our client. We provided these to the Crown Prosecutor and expressed her remorse and willingness to pay the money back. As a result of these discussions, the charges were withdrawn and our client avoided a criminal record.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 75790055
Our client and his friend were accused of trading fake gold rings for cash at gas stations while pretending to have lost their wallets. After a trucker refused the offer and called police, the two were arrested by police and charged with fraud. Both were in Canada as refugees and a criminal conviction would create serious immigration consequences.
Upon being retained, we ordered disclosure reviewed the case against our client. We pointed out several issues with the investigation to the Crown Prosecutor and as a result, the charges against our client were stayed.
Successful Result: Charges Stayed; No Criminal Record
Case Number: 55582516
Our client worked at a construction company that stripped metals from old buildings. Over the course of several months, copper wiring started to disappear without explanation and our client’s employer accused him of stealing it and selling it himself. Following a police investigation, our client was arrested and charged with theft and trafficking of nearly $70,000 worth of copper wiring. He was also fired from his job and sued in civil court by his former employer. If convicted, he faced a lengthy prison sentence due to his position of trust, and a likely condition requiring him to repay all $70,000.
Upon being retained, we worked together with our client’s civil lawyers to fight the allegations on both fronts. We did significant analysis of the case against our client and pointed out to the Crown Prosecutor that much of the evidence was circumstantial and our client had credible explanations to address the accusations against him. We began resolution discussions with the Crown and as a result, all charges were withdrawn.
Successful Result: Charges Withdrawn; No Criminal Record
Case Number: 3260042
Our client got into an altercation with his girlfriend in their home. The Police were dispatched to the scene and found a number of broken items on the floor, and our client in his home. His girlfriend told the police that he was intoxicated, and they noticed a strong smell of alcohol coming from the garage. The police checked their system to see if our client had any outstanding warrants, and noticed that he was on probation and had been ordered not consume any alcohol.
The police then arrested our client for breaching a condition of his probation. Upon retaining us, we immediately ordered disclosure and began canvassing possible resolutions with the Crown Prosecutor. During these discussions we were able to point out several weaknesses against our client that ultimately led to his charges being withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 2350089
Our client was arrested and charged after he was allegedly found inside the complainant’s house with a wrench, and holding some of her property. It is alleged that our client came home with her children and found our client, who was unknown to her, coming down her stairs. She pressed the button on her home security system, and the police attended the scene shortly thereafter. The complainant described our client to the police, and video footage from a neighboring property caught images of him entering and leaving the complainant’s home.
Upon being retained we immediately ordered and reviewed disclosure. Prior to trial, we began negotiation discussions with the Crown and were able to point out detrimental weaknesses in their ability to prove the identity of the offender. In response, the Crown withdrew all charges against our client prior to trial, and our client received no criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Airdrie Provincial Court
Case Number: 23500891
Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items. Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.
Successful Result: Charges Withdrawn
Case Number: 53662253
Our client was charged with breaking and entering and mischief after he broke into his ex-wife’s home. He had attended the property to take items that he felt he were his. He broke a window in the downstairs of the home, and then entered the house through an unlocked door. Once inside, he was seen by his daughter. Knowing that her father was not supposed to be in the residence, she called her mother who then called the police. The Crime Scenes Unit was quickly dispatched to the residence, and our client was arrested shortly thereafter.
Due to the domestic and very serious nature of the offence, the Crown prosecutor’s starting position was 60 days in jail following a conviction. Notwithstanding the Crown’s hard stance and the aggravating nature of the charges, we spent the better part of a day in Court discussing the case and negotiating with the Crown. Owing to our efforts, we were able to convince the Crown to divert charges that would have almost certainly resulted in a conviction had they proceeded to trial. As a result, our client was placed in the Alternative Measures Program (AMP) and the charges against him were withdrawn once he finished AMP.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 3260042
Our client got into an altercation with his girlfriend in their home. The Police were dispatched to the scene and found a number of broken items on the floor, and our client in his home. His girlfriend told the police that he was intoxicated, and they noticed a strong smell of alcohol coming from the garage. The police checked their system to see if our client had any outstanding warrants, and noticed that he was on probation and had been ordered not consume any alcohol.
The police then arrested our client for breaching a condition of his probation. Upon retaining us, we immediately ordered disclosure and began canvassing possible resolutions with the Crown Prosecutor. During these discussions we were able to point out several weaknesses against our client that ultimately led to his charges being withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 741774
Our client was employed as a Cashier at a restaurant in Calgary and was arrested for Theft Under $5000.00 after the manager at her place of employment found that one of the daily deposits were short $160.00. The manager then reviewed the CCTV footage in the store, which revealed our client taking cash out of the register and putting it in her sock. Shortly thereafter, it was discovered that for some time our client had been taking orders, cancelling them on the register, and pocketing the money. After reviewing all CCTV footage and the financial records of the restaurant, it was found that our client had stolen almost $1000.00 from her place of work.
Upon being retained we ordered disclosure and immediately directed our client to enter counselling, to draft a letter of apology, and ensured that she paid restitution to her former employer. Notwithstanding the strength of the evidence against her and aggravating factors like the fact that she had taken advantage of a position of trust when committing the offence, we were still able to persuade the Crown Prosecutor to divert her charges. On the basis of our advocacy our client was accepted into the Alternative Measures Program and once completed, all charges against our client were withdrawn.
Successful Outcome: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 762001
Our client was charged with Theft Under when she walked out of a local grocery store with a number of items in her cart without paying. Our client was observed by two loss prevention officers taking items from the shelves and putting them in her cart. Once in her cart, she concealed the items with grocery bags. She was also seen taking an item from a shelf and placing it in her purse. The loss prevention officers then witnessed her leave the store without making any attempt to pay. The entire event was also captured on CCTV. Once outside the store, the loss prevention officers stopped her and noticed that she had placed an old receipt from the same store on top of the items. When asked about the goods and the receipt, she told the officers that she had simply forgotten to pay, and that she was organizing her receipts.
Once retained, we ordered and reviewed disclosure to identify any weaknesses in the Crown Prosecutor’s case against our client. We subsequently learned that our client was suffering from postpartum depression, and was receiving counselling to address that issue. We asked our client to provide us with documentation of her medical condition, as well as proof of the counselling she had done. We also instructed her to compose a letter of apology to submit to the grocery store. Once we had gathered all exculpatory evidence for our client, we began resolution discussions with the Crown. Within a few weeks, the charges against our client were withdrawn.
Successful Result: Charges Withdrawn, No Criminal Record
Calgary Provincial Court
Case Number: 22601571
Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.
Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.
Successful Result: Charge Withdrawn, No Criminal Record
Calgary Provincial Court
Case Number: 22601281
Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.
Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.
Successful Result: Charges Withdrawn, No Criminal Record
Calgary Provincial Court
Case Number: 22601281
Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.
Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 541687
Our client was charged with 11 counts of mischief and 2 counts of possession of a weapon for dangerous purposes after he and some of his friends drove around a suburban neighborhood damaging multiple cars. Witnesses reported seeing an SUV with several teenagers as occupants driving around in the early morning, striking vehicles with what looked like a baton and slashing tires with a knife. The fenders of cars were broken, and the windows and mirrors of several vehicles were completely smashed in. Some of the witnesses recognized the teenagers, and called the police. Our client was identified as a suspect in the crimes, and was arrested and charged for the alleged offences alongside another co-accused.
Upon being retained we immediately ordered and did a detailed review of our client’s voluminous disclosure. After identifying all weaknesses and inconsistencies in the evidence against our client, we began negotiating with the Crown Prosecutor. Despite the fact there were multiple statements given to the police that implicated our client in the crimes, we were able to effectively persuade the Crown to withdraw all charges against our client prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 65670004
Our client was charged with mischief after damaging a glass window within his neighbour’s door. Our client had been drinking at his neighbour’s place when he was asked to leave because he was too intoxicated. As his neighbour was closing the door behind him, our client struck the glass insert within the door with his arm, causing some damage.
Upon being retained, we immediately ordered and reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. Our client’s main priority was to avoid a criminal record. We advised our client to enroll in alcohol counseling. We also provided proof that our client repaid the landlord for the damage caused. Ultimately, we convinced the Crown Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 65680106
Our client was charged with signing a document in his wife’s name and using a forged document after he forged his estranged wife’s name on an insurance company proof of loss form. Our client’s wife reported him after discovering that a claim had been made under her name when she applied to get new vehicle insurance for herself. Our client admitted that he forged his wife’s signature.
Upon being retained, we ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor. We were able to secure a resolution where our client repaid his debt to society through a charitable donation and the Crown Prosecutor withdrew the charges against our client. As a result, our client was able to avoid getting a criminal record.
Successful Result: Charge Withdrawn, No Criminal Record
Case Number: 44470290
Our client was charged with theft over $5000 and fraud over $5000 after his corporation held a deposit from a contractor. The deposit had been paid to the contractor by two individuals for a renovation project. It was alleged that our client used some of the deposit money for personal reasons.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We assisted our client in obtaining proof of where the deposit money had gone. We used this information in our negotiations with the Crown Prosecutor, and we were ultimately able to persuade the Crown Prosecutor to withdraw the charges against our client. As a result, our client avoided a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 22280218
Our client was given a Trespass to Property violation ticket under the Trespass to Premises Act after he allegedly refused to leave a police station. Our client had attended the police station to provide a written statement related to a hit-and-run complaint he had made. When our client realized he forgot to mention some details in his statement, he asked to provide an update to his statement, and was told to leave. When our client refused to leave until he could provide his update, he was arrested.
Upon being retained, we immediately ordered disclosure. The Crown Prosecutor who reviewed our client’s file opted to withdraw the charge against our client.
Successful Result: Charge Withdrawn
Case Number: 25280075
Our client received a Calgary Municipal Bylaw ticket for applying graffiti after a witness called the police to report two males. The police observed our client and his friend, who matched the description provided by the witness. Our client admitted being responsible for some of the graffiti and received a $5000 violation ticket.
Upon being retained, we requested our client’s disclosure multiple times. When we did not receive the missing information that we required, we filed a Charter Notice alleging that our client’s right to make full answer and defence was significantly affected by the lack of disclosure. As a result, the Prosecutor withdrew the charge against our client.
Successful Result: Charge Withdrawn
Case Number: 25670037
Our client was charged with failing to comply with release conditions and mischief to property after he was observed removing electronic security devices from a retail store. The loss prevention officer called the police, who arrested our client.
Upon being retained, we immediately ordered and reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. We pointed out flaws in the case against our client and explained our client’s circumstances, Ultimately, we convinced the Crown Prosecutor to withdraw the charges against our client.
Successful Result: Charges Withdrawn, No Criminal Record
Charges Diverted
Case Number: 68680213
Our client had a mental health episode after losing his job and wandered into the home of the complainant uninvited. He left after a long conversation with the homeowner but returned 6 weeks later when he was arrested by police. Despite being diagnosed with schizophrenia two decades prior, he had no previous criminal record or history of similar issues.
Upon being retained, we worked closely with our client’s social worker and psychiatrist in order to provide the context behind the incident to the Crown Prosecutor. We met with the Crown and informed them of our client’s background and his intention to continue receiving mental health assistance. We were successful in having our client enter Mental Health Diversion which ensured he received the help he needed without the burden of a criminal record.
Successful Result: Mental Health Diversion; No Criminal Record
Case Number: 9793802
Our client was arrested for theft when Loss Prevention Officers observed her first leave a store with unpaid merchandise without attempting to pay, then come back inside the store and purchase an item, then return a third time and leave the store a final time with unpaid merchandise that she had not attempted to pay for. The officers approached our client outside and inquired about her purchases. When she showed them the receipt for the second item that she purchased, they let her go. Later, they reviewed camera footage from inside the store and confirmed that she had left the store twice during that time with unpaid merchandise. They contacted police and she was later arrested for the theft.
Upon being retained, we immediately ordered disclosure and reviewed it with our client. We then entered resolution discussions and were able to successfully persuade the Crown Prosecutor to resolve the issue through the Alternative Measures Program. As a result, the charge was withdrawn and our client avoided a criminal record.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 65690259
Our client was arrested following three incidents in which he was observed leaving a store with several items without attempting to pay. When the company’s Loss Prevention Officer approached our client, he apologized and stated that his wife needed him home immediately and that he forgot to pay. He immediately went into the store and paid for the items. The other incidents were observed on camera after the fact. Our client was later arrested at the store when he was once again observed attempting to leave with items that he had not paid for.
Upon being retained, we ordered disclosure and reviewed it with our client. We learned that he was retired from a profession which caused him post-traumatic stress disorder and that he had mental health issues since retirement which he was taking medication to treat. We brought this to the Crown Prosecutor and began resolution discussions. As a result, the Crown agreed to resolve the issue through the Alternative Measures Program where our client completed community service and the charges were subsequently withdrawn.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 1160128
Our client was charged with Being Unlawfully in a Dwelling House after he had broken into the home of a complainant who was unknown to him. The complainant was sleeping in her home, and when she woke, she found our client sitting on her couch. The complainant instantly called the police to report that an unknown male had entered her home. Upon arriving, the police found our client inside the complainant’s home, and found him to be in a highly intoxicated state.
Upon being retained, we immediately ordered and reviewed disclosure. We identified weaknesses in the case against our client and began resolution discussions with the Crown Prosecutor. Despite the fact that our client was charged with an indictable offence, we were able to successfully advocate for his placement in the Alternative Measures Program. Upon his successful completion of the program the charges against him were withdrawn.
Successful Outcome: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 4262156
Our client was charged with one count of Fraud Under $5000.00. He entered a retail establishment, selected items from the sales floor, presented a receipt that was not for those goods, and claimed that he had previously purchased them. He was able to leave the store with the items.
Loss prevention noticed the theft, identified our client, and contacted the police. Our client was subsequently arrested and charged with one count of Fraud Under. Upon being retained, we ordered disclosure and began negotiating with the Crown. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program his charges were withdrawn.
Successful Outcome: Charges Withdrawn, No Criminal Record
Case Number: 751919
Our client was charged with mischief over $5000 and uttering threats when he deliberately ran into the complainant’s vehicle. The incident occurred after our client saw the complainant walking in a parking lot with his daughter. After seeing the two of them together, our client ran into the side of the complainant’s car, causing approximately $10,000.00 in damages. After hitting the complainant’s vehicle, our client then threatened the complainant by telling him that if he caught the complainant with his daughter again, it would be the complainant that he would strike, instead of his car.
As soon as we were retained, we ordered and reviewed disclosure, and instructed our client to enroll in anger management counselling and ensure that restitution was paid to the complainant. Despite the seriousness of the charges, we were able to leverage our client’s post charge actions and the weaknesses we found in the Crown’s case to successfully resolve the matter by diverting our client into the Alternative Measures Program. As a result, once our client completed the program the charges against him were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
2 Counts of Theft under $5000.00 and 6 Counts of Fraud Under $5000.00 Result In Alternative Measures
Case Number: 762059
Our client was arrested for theft and fraud after a complainant left his credit card in a pin pad at a store. After the complainant left his card in the pin pad, our client was captured on CCTV entering the store, taking the card, and purchasing items from the store using that card. The card was subsequently used a number of times at other stores. The complainant called the police to report that his card had been stolen and used, and the police subsequently identified our client as a suspect in the crime. The police went to our client’s house where they found our client in possession of the complainant’s card, as well as a number of other credit cards. Upon being questioned by the police, our client admitted that he had taken and used the card.
After being retained, we immediately ordered and reviewed disclosure. We also obtained strong character references for our client and proof of volunteering he had done in the community. We forwarded this information to the Crown and began resolution discussions. On the basis of our advocacy we were able to successfully advocate for our client’s placement in the Alternative Measures Program. Once he had successfully completed the program, all criminal charges against him were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 35370134
Our client was charged with one count of fraud Under $5000. He entered a retail establishment, selected items, and using a fake name, charged the total to an account belonging to a company he had previously been contracting for. The company’s owner later recognized our client on the establishment’s CCTV footage and called the police. Our client was subsequently arrested and charged.
Upon being retained, we ordered disclosure and began negotiating with the Crown. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program, his charges were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 65680170
Our client was charged with two counts of possession of stolen property and given a violation ticket for operating an unregistered vehicle. Our client was approached by the police after a call about a suspicious person driving through alleyways. The police determined that both the vehicle and a utility trailer were not registered in our client’s name. Our client was arrested for possession of stolen property.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program. Upon his successful completion of the program, his charges were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 25280112
Our client was charged with theft under $5000 after a complaint by her employer that our client had been stealing merchandise during her shifts. The police observed CCTV footage of our client stealing merchandise on multiple occasions. The police then arrested our client.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program. Upon her successful completion of the program, her charge was withdrawn.
Successful Result: Alternative Measures, Charge Withdrawn, No Criminal Record
Case Number: 45470306
Our client was arrested for 11 acts of fraud under $5000 after an internal investigation conducted by his employer. The loss prevention officers identified 11 fraudulent cash register transactions using CCTV footage. Our client’s employer reported him to the police, who charged our client with 11 counts of fraud under $5000.
Once we were retained, we had a meeting with our client where we discussed his personal circumstances. We learned that our client had been suffering from some mental health issues. We obtained proof through medical documentation and we took this information to the Crown Prosecutor. The Crown Prosecutor was initially seeking a Conditional Sentence Order with house arrest. We were successful in advocating for our client’s placement in the Mental Health Diversion Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.
Successful Result: Mental Health Diversion, Charges Withdrawn, No Criminal Record
Case Number: 35570146
Our client was charged with possession of proceeds of crime under $5000 and money laundering after she e-transferred funds from a customer into her personal bank account while fixing the customer’s computer.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program. Upon her successful completion of the program, her charges were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 25280062
Our client was charged with theft under $5000 after a loss prevention officer observed her leaving a grocery store with unpaid merchandise. The loss prevention officer arrested our client and called the police, who attended the scene and charged our client with theft under $5000.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program. Upon her successful completion of the program, her charge was withdrawn.
Successful Result: Alternative Measures, Charge Withdrawn, No Criminal Record
Case Number: 55382424
Our client was charged with theft under $5000 after a loss prevention officer observed him and his wife leaving the grocery store with unpaid merchandise. The police arrived and arrested our client.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program. Upon his successful completion of the program, his charge was withdrawn.
Successful Result: Alternative Measures, Charge Withdrawn, No Criminal Record
Case Number: 65680111
Our client was charged with theft under $5000 after he was observed by a loss prevention officer leaving a grocery store with some unpaid merchandise. Our client was apprehended by the loss prevention officer and subsequently arrested by the police for theft under $5000.
Upon being retained, we ordered disclosure and began negotiating with the Crown Prosecutor. Our client’s main goal was to avoid a criminal record. We were able to place our client in the Alternative Measures Program. Upon his successful completion of the program, the charge against our client was withdrawn and he avoided a criminal record.
Successful Result: Alternative Measures, Charge Withdrawn, No Criminal Record
Charges Discharged
Case Number: 2250077
Our client was charged with Breaking and Entering, Theft, and Mischief when he entered his old place of work and was caught on CCTV stealing food and liquor. His former employers also reported that when he broke in, he had also stolen several cheques. After the charges were laid, our client failed to appear for one of his scheduled court dates, giving rise to a charge for a Failure to Appear.
Upon being retained we reviewed disclosure, identified our ideal resolution for our client’s matter, and ordered a presentence report which strongly supported our resolution position. We then began extensive resolution discussions with the Crown Prosecutor where were able to immediately point out significant weaknesses in the case against our client. Notwithstanding the very serious nature of the offence, we were able to successfully persuade the Crown to join us in an application for a conditional discharge. As a result of our advocacy, we were able to make a successful discharge application before the court, and our client was able to avoid a criminal record.
Successful Outcome: Conditional Discharge, No Criminal Record
Case Number: 65670089
Our client was charged with theft under $5000 and fraud under $5000 after an investigation by a loss prevention officer revealed that she was stealing merchandise from her employer and making purchases with fraudulent gift cards. All the transactions were caught on her employer’s CCTV system.
Upon being retained, we reviewed disclosure and identified the ideal resolution for our client’s matters. In order to maximize the likelihood of success, we immediately directed our client to enroll in counseling and engage in volunteer work. We also sought out reference letters from family and friends, proof of employment, and an apology letter. We used these documents to support our submissions in favor of granting our client a conditional discharge. We were successful in our application, and as a result our client avoided a criminal conviction.
Successful Result: Conditional Discharge, No Criminal Record
Case Number: 45470310
Our client was charged with public mischief and given a traffic violation ticket for failing to leave a note after receiving a call from the police informing her that her vehicle had been involved in a hit-and-run. Our client made a fraudulent report that she had left her vehicle at a bar the previous night and that it must have been stolen. The police later learned that our client had been involved in the hit-and-run and arrested her.
Upon being retained, we ordered our client’s disclosure and identified the ideal resolution for our client. We immediately directed our client to enroll in addiction counseling. We also obtained proof of our client’s engagement in volunteer work, a charitable donation, reference letters from family and friends, and an apology letter. We used these documents to support our in-court submissions and we successfully argued for an absolute discharge for our client. As a result, our client avoided a criminal conviction.
Successful Result: Absolute Discharge, No Criminal Record
Charges Resolved with Reduced or No Jail Time
Case Number: 22290264
Our client was approached in her vehicle by police who found her behavior suspicious. The police realized the vehicle was stolen and when they asked for her information, she initially provided a fake name and stolen identification. Further investigation revealed drugs in the vehicle and a credit card skimming machine. She was charged with 11 offences and faced significant prison time if convicted.
Upon being retained, we learned that our client’s ex-boyfriend left her the vehicle without telling her it was stolen, and she was struggling with addiction at the time of the incident. Additionally, the disclosure revealed several breaches of her Charter rights during the investigation. We raised these issues with the Crown Prosecutor and as a result, the Crown agreed to a sentence of probation with a fine instead of prison time.
Successful Result: Probation; No Jail Time
Case Number: 65670016
Our client came into possession of two stolen vehicles which he placed for sale on Kijiji. He sold the two vehicles for cash under a fake name with a false bill of sale. He was later arrested under suspicion of impaired driving and was charged with multiple offences. If convicted of all, he faced significant jail time.
Upon being retained, we ordered disclosure and reviewed the case against our client. We pointed out multiple Charter breaches, investigative problems, and other holes in the case to the Crown Prosecutor and based on this, we came to an agreement that worked for our client which allowed him to serve his sentence on a Conditional Sentence Order.
Successful Result: Charges Withdrawn; Conditional Sentence Order Instead of Jail
Case Number: 7621097
Our client was arrested and charged with robbery after he robbed a local bank. Our client attended the bank and went up to a teller. While the teller was speaking to our client, he passed her a folded note. The note said that he wanted several thousand dollars in cash, and that he had a gun and would shoot her if she caused a scene. The teller withdrew the cash and put it in a plastic bag with fake money and ink dye. As our client was exiting the door with the bag, the dye exploded and covered the money. Our client was found in a nearby establishment not long after the offence with wads of cash covered in ink dye. The robbery had also been captured on multiple cameras that were located in the bank.
Upon being arrested and charged with robbery, our client immediately confessed to the crime and wrote a letter of apology. Once we had been retained, we immediately reviewed all of our client’s disclosure. Due the strong evidence against him and the confession that he had already provided, we focused our efforts on reducing the severity of his sentence as much as possible. To this end, we ordered a pre-sentence report that would facilitate our sentencing submissions in court. We also entered into extensive resolution discussions with the Crown prosecutor. Owing to our efforts, we were able to enter an agreed statement of facts with the Crown that downplayed the aggravating facts of the offence as much as possible. We were also able to persuade the Crown to reduce the lengthy sentence that they intended to pursue, and they joined us in recommending a much shorter custodial sentence. As a result, our client only got 3 years in prison not withstanding the very serious nature of this offence and his prior criminal record.
Successful Outcome: No Jail Time, Probation
Case Number: 4650146
Our client was arrested for Forcible Entry and Breach of Probation shortly after being released from prison. He was initially arrested and released from prison after being taken into custody for multiple violent offences and failures to appear. When released, one of the conditions of his probation was that he did not consume any alcohol. However, after he had gotten into an argument with his girlfriend, he broke into her place of residence and sat on the couch drinking beer until she came home. As his girlfriend had reason to fear that our client would act violently towards her, she called the police who attended her residence and arrested our client.
Upon being retained we immediately ordered and reviewed disclosure, and discussed potential courses of action with our client. As the evidence against our client was very strong, but our client’s primary goal was to avoid more time in prison, we entered an early guilty plea to increase the likelihood that he would receive a favorable outcome. Despite our client’s lengthy criminal record, on the basis of our submissions our client was able to any time spent in prison for this offence.
Successful Outcome: No Jail Time
Case Number: 762106
Our client was charged with one count of Fraud Under $5000.00 for conducting fraudulent transactions in her healthcare account. The Crown was seeking jail time in the event of conviction.
Upon being retained we immediately requested disclosure and reviewed it thoroughly with our client. As our client’s primary goal was to avoid jail time, we negotiated with the Crown to find a resolution that would ensure our client spent no time in prison.
Prior to entering an early guilty plea, we obtained a pre-sentence report that allowed us to successfully obtain a sentence of 4 months of house arrest, and a one-year conditional sentence order instead of jail.
Successful Result: House Arrest and Conditional Sentence Order
Case Number: 762226
Over the course of several months our client stole and deposited several cheques issued to her former employer into her own bank account. Once her employer noticed that some of their cheques were missing, they contacted the police who quickly found out that our client’s bank was the account into which the missing cheques were being deposited. At the time of her arrest, she had stolen over $8000.00 of funds from her former employer. Upon being arrested, she also admitted to stealing and depositing the cheques.
Due to the nature of the offence, if convicted our client was likely facing jail time. Upon being retained, we immediately ordered disclosure and started negotiating with the Crown Prosecutor. We were able to successfully advocate for a period of probation and our client was able to avoid any time spent in jail.
Successful Outcome: No Jail Time, Probation
Case Number: 562056
Our client was charged with multiple counts of Fraud and Theft over $5000.00 after he took thousands of dollars from several individuals. It was alleged that through his criminal actions he had defrauded his victims of over $100 000.00 in funds. He was able to fraudulently obtain funds from his victims by telling them that he would purchase vehicles on their behalf, then take cheques from them but would never provide them with a vehicle. At the time our client retained us, he was already serving a sentence in prison for a number of other offences, and as such was looking at a very lengthy addition of time to his current sentence if convicted of this crime.
Upon being retained, we immediately ordered and examined our client’s disclosure. While there was very strong evidence of his guilt, we were able to identify significant weaknesses in the case against him. We then used these weaknesses in negotiations with the Crown Prosecutor to successfully secure a sentence that would not any additional time to our client’s sentence.
Successful Outcome: No Additional Jail Time
Case Number: 45480345
Our client was arrested after his landlord called the police to report a firearm in the rental suite. The police located a firearm and arrested our client for possession of a firearm without a license and possession of a firearm obtained by crime. Our client was facing up to 1 year of jail.
Upon being retained, we ordered and reviewed disclosure. We directed our client to counseling programs which are highly regarded by our courts. We began negotiating with the Crown Prosecutor and learned that they would be seeking 90 days of jail. Highlighting the progress our client had made in counseling, we made contested in-court submissions for a sentence that would allow our client to stay out of jail. We were successful in our application and our client avoided any jail time.
Successful Result: Conditional Discharge, No Jail
Case Number: 65680109
Our client was charged with breaking and entering, fraud under $5000, illegal use of a credit card, and taxi fraud after he entered an apartment and stole multiple items including a credit card. Our client made transactions at the gas station with the credit card. He used the victim’s name and phone number to order a taxi and then fled without paying after arriving at his destination. When the police arrived at his residence, they arrested our client and took him to the police station where he gave a full confession. The Crown Prosecutor was initially seeking a jail sentence.
Upon being retained, we immediately ordered our client’s disclosure and began negotiating with the Crown Prosecutor. We ordered a pre-sentence report and a Forensic Assessment Outpatient Service report. We used the information from the reports in our negotiations and convinced the Crown Prosecutor to join us in recommending a Conditional Sentence Order. We made in-court sentencing submissions and were successful in our application. As a result, our client was able to avoid jail and served his sentence in the community.
Successful Result: Conditional Sentence Order, No Jail
Case Number: 44470337
Our client was an employee at a pharmacy and was charged after the manager discovered that she had been creating false prescriptions for non-existent clients in order to improperly access drugs. After the scheme was uncovered, our client was charged with fraud and drug trafficking.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We advised the Crown of our client’s efforts to address her issues with addiction and mental health. Our client pleaded guilty and we ultimately secured a two-year conditional sentence order.
Successful Result: No Jail Time
Charges Resolved with a Peace Bond
Case Number: 66680171
Our client was charged with mischief and unlawfully being in a dwelling-house after his ex-wife called the police about a suicide attempt. Our client had pulled out a knife and stabbed himself in the chest after dropping off their two children. The police located our client and apprehended him under the Mental Health Act. Our client then attended the police station voluntarily to be arrested and interviewed.
Upon being retained, we ordered our client’s disclosure and identified the ideal resolution position for our client. We began negotiating with the Crown Prosecutor and successfully convinced them to resolve the matters by way of a peace bond. As a result, our client’s charges were withdrawn and he avoided a criminal record.
Successful Result: Charges Withdrawn, Peace Bond, No Criminal Record
Drug Offences
Charges Stayed, Withdrawn, or Acquitted
Case Number: 55582518
Our client was charged following an investigation that led to a search warrant on his property. During the search, officers found several items that led them to suspect our client of producing and trafficking controlled substances. The police report indicated that our client was never observed conducting transactions consistent with the handling or trafficking of controlled substances but was brought to the attention of investigators observing another person of interest.
Upon being retained, we requested disclosure and pointed out several weaknesses in the case against our client. We entered resolution discussions with the Crown Prosecutor and were able to negotiate the withdrawal of four charges in exchange for a guilty plea to one charge. However, before we entered a guilty plea, the charges were stayed and as a result, our client avoided a criminal record.
Successful Result: Charges Stayed; No Criminal Record
Case Number: 65680141
Our client was approached by police who suspected that him and his passenger were smoking cannabis in the vehicle in a deserted parking lot. When they questioned our client, he produced some dried cannabis and was immediately arrested for possession. When the police continued to search, they found several other bags of cannabis and weapons. Our client was subsequently charged with Possession of a Drug for the Purpose of Trafficking.
Upon being retained, we learned that the bags of cannabis and weapons were solely owned by the passenger of the vehicle, not our client. We ordered disclosure and discovered that police were aware of this at the time of arrest. After discussing the situation with the Crown Prosecutor, they agreed to withdraw the charge against our client.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: 55172297
Our client was charged as a result of an undercover operation that targeted him as a potential drug dealer. After being under police surveillance for some time, he was arrested when an undercover police officer called him and asked him to purchase cocaine. When he went to the meeting place to complete the exchange he was arrested for possession for the purposes of trafficking. Upon searching him following his arrest, the police also found a large amount of cash and charged him with possession for the purposes of trafficking. Our client never followed up with his charges, and left the province after he was released. Several years later he found that there were outstanding warrants for his arrest on this matter, and he contacted us to defend him with respect to these charges.
We ordered and did a thorough review of his disclosure, and found a number of significant weaknesses in the case against our client. We discussed these weaknesses with the Crown prosecutor prior to trial, and the Crown withdrew all charges as he realized that there was no likelihood of succeeding at trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 67580191
Our client was charged after the police conducted a traffic stop of his vehicle and searched him as part of an undercover operation. The police found currency with serial numbers matching the ones they had used in a prior undercover drug deal.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified breaches of our client’s right against unreasonable search and seizure. We pointed out these breaches to the Crown Prosecutor and ultimately convinced them to withdraw the charges against our client. As a result, our client was able to avoid receiving a criminal record.
Successful Result: Charges Withdrawn, No Criminal Record
Charges Diverted
Case Number: 75790045
Our client was arrested when a police officer who followed him into an alleyway noticed a small bag in his hands. When the officer shone his flashlight, he noticed that the bag was no longer in our client’s hands and quickly found it on the ground at his feet. He arrested our client for possession of a controlled substance.
Upon being retained, we immediately ordered disclosure and learned that our client did not have a criminal record or a history of drug use. We raised this to the Crown Prosecutor and as a result of our discussions, the Crown agreed to withdraw the charge and resolve the matter through the Alternative Measures Program. Upon completion of community service, the charge was withdrawn, and our client avoided a criminal record.
Successful Result: Charge Withdrawn; No Criminal Record
Case Number: Calgary Provincial Court
Case Number: 2250086
Our client was arrested and charged with Possession after he was stopped by the police for driving at an excessive speed. After being pulled over, the police smelled the scent of fresh marijuana coming from his vehicle and asked him to exit his truck. Upon searching his vehicle they found several jars of marijuana and a used pipe. The police seized all of the drugs and arrested our client.
Upon being retained we immediately obtained and reviewed disclosure. We identified several weaknesses in the case against our client and used them to secure a favorable resolution with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program the charges against him were withdrawn.
Successful Result: Alternative Measures, No Criminal Record
Case Number: Calgary Provincial Court
Case Number: 751942
Our client was stopped by the police after speeding approximately 50 km over the posted limit. When our client rolled his window down to speak to the police, the police were able to smell a strong scent of fresh marijuana emanating from his vehicle. They asked our client to exit his vehicle, which they then proceeded to search. Upon searching the vehicle, they found a container holding approximately 10 grams of marijuana.
Upon being retained, we immediately sought disclosure and directed our client to sign up to volunteer in the community and to attend drug addiction counselling. We used proof of our client’s efforts in conjunction with evidentiary weaknesses we had identified in the disclosure to successfully advocate for our client’s placement in the Alternative Measures Program. As a result of our effort, he was able to completely avoid a criminal record as the charges against him were withdrawn when he finished the program.
Successful Result: Alternative Measures, No Criminal Record
Case Number: 32360030
Our client was arrested and charged with possession after he accidentally forgot 18 grams of marijuana in a safe at his hotel. He had checked out of the hotel, realized that he had forgotten the drugs in the safe, and called the hotel to let them know that he was on his way back to pick up belongings he left in the room. Prior to his return, hotel security entered the room and found the drugs. The police then located our client who was arrested and charged with possession.
Upon being retained we reviewed our client’s disclosure and flushed out all weaknesses in the case against him. We then obtained strong character references for our client from his current employer, and directed our client to seek counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and were able to successfully secure his placement in the Alternative Measures Program. Upon his successful completion of the program, the charges against him were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn No Criminal Record
Case Number: 53562265
Our client was charged with breaching a recognizance when he was re-arrested shortly after being released for another offence. One of the conditions of his bail for the prior offence was to refrain from entering establishments where the primary purpose of the business was the sale of alcohol. He was also to refrain from drinking alcohol and from consuming drugs. Our client was noticed when he drove erratically into a parking lot of a liquor store. Once he re-emerged from the liquor store, the police approached him and informed him that they had ran his information and noticed that he was currently in breach of his recognizance. In addition, while speaking to him at the window of his truck, the police noticed the smell of fresh marijuana coming from his vehicle and arrested him for possession. Upon searching his vehicle incident to arrest, the police located 9 grams of marijuana in his truck.
As breaching a recognizance is a very serious offence in Canadian law, the Crown prosecutor was seeking jail and considerable fines if our client was convicted. We ordered and did a thorough review of our client’s disclosure and found a number of weaknesses in the case against our client. We utilized these weaknesses in subsequent resolution discussions with the Crown, and we were able to persuade them to divert our client instead of sending him to jail. As a result, our client was placed in the Alternative Measures Program, and the charges against him were withdrawn once he had finished the program’s requirement.
Successful Result: Alternative Measures Program, Charges Withdrawn
Case Number: 2250117
Our client was charged with three counts of Possession after the police searched him and his car. Our client was sitting in the passenger seat of his vehicle in a remote location when the police approached him to ask what he was doing. While speaking to our client, the police noted that he kept on glancing towards his vehicle anxiously. The police found this behavior highly suspicious and decided to search our client’s car. During the search, the police located marijuana, cocaine, and molly and arrested our client for possession.
When we met with our client, he explained to us that it was his primary goal to avoid a criminal record. In order to secure the best possible outcome, we identified all potential weaknesses in the case against our client before beginning resolution discussions with the Crown Prosecutor. Through negotiations with the Crown, we were able to advocate for our client’s placement in the Alternative Measures Program. As a result, once our client completed the program the charges against him were withdrawn.
Successful Result: Alternative Measures, No Criminal Record
Case Number: Calgary Provincial Court
Case Number: 551980
Our client was charged with three counts of Possession after he was stopped and searched by the police at a roadside check stop. Upon approaching his vehicle, the police reported smelling fresh marijuana. They asked our client to exit his vehicle which they then searched. During their search they found over 60 grams of marijuana and approximately $200.00 worth of pills.
After we were retained we reviewed our client’s disclosure and assisted our client with developing a plan for counseling and treatment to address his problem with drugs. We then entered into negotiations with the Crown Prosecutor and were able to successfully advocate for our client’s placement in the Alternative Measures Program. Upon his successful completion of the program, all charges against him were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Case Number: 55582479
Our client was arrested and charged with possession after he was stopped by the police for swerving and being unable to maintain the centre of the traffic lane. After our client admitted to consuming alcohol, the police took a roadside sample of our client’s breath and arrested him for impaired driving. Upon searching our client at the police station, they located a vial of cocaine in his pocket and arrested him for possession. Our client then provided a sample of his breath which was not over the legal limit, so the police did not proceed with the impaired driving charge.
Upon being retained, we immediately ordered disclosure and directed our client to attend drug and alcohol addiction counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and successfully secured his placement in the Alternative Measures Program. Once our client completed the program, the charges against him were withdrawn.
Successful Result: Alternative Measures Program, Charge Withdrawn, No Criminal Record
Case Number: 65680165
Our client was arrested after the police observed him doing a hand-to-hand transaction in an alley. When the police searched our client, they found a small container of cocaine in his pocket. Our client was charged with possession of a controlled substance.
Upon being retained, we immediately ordered disclosure and directed our client to attend drug and alcohol addiction counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and successfully secured his placement in the Alternative Measures Program. Once our client completed the program, the charges against him were withdrawn.
Successful Result: Alternative Measures Program, Charge Withdrawn, No Criminal Record
Charges Discharged
Case Number: 541783
Our client was arrested for possession after staff at a bar called the police and reported that our client appeared to be in possession of drugs. The police attended the scene and looked for our client’s car in the parking lot. They located the car and found that one of its windows were partially open. Upon approaching the vehicle, the police reported smelling the scent of fresh marijuana coming from the vehicle. The police also were able to see a backpack inside the car, which they took and opened. Inside, they found our client’s identification as well as almost 30 grams of marijuana, and a large quantity of morphine pills.
Upon being retained we immediately ordered and reviewed disclosure, and directed our client to enroll in counselling and begin volunteering. After thoroughly reviewing the case against our client and negotiating with the Crown Prosecutor, we determined that the best way to ensure our client was able to avoid a criminal record would be to make a conditional discharge application. Prior to making our application we obtained proof of all our client’s counselling and took the additional step of ordering a presentence report which supported the position that our client was a suitable candidate for a discharge. With these documents we were able to successfully advocate for our desired result, and our client was able to avoid a criminal record.
Successful Outcome: Conditional Discharge, No Criminal Record
Case Number: 35380179
Our client was charged with three counts of possession of a controlled substance and one count of possession for the purpose of trafficking after the police stopped his vehicle to perform a winter tire check. The police smelled a strong odour of dried cannabis. Our client told the police that he had a medicinal license and provided an expired card. The police arrested our client and searched him, finding multiple types of drugs.
Upon being retained, we ordered and reviewed disclosure. We began negotiating with the Crown Prosecutor. We pointed out weaknesses in the case against our client. We convinced the Prosecutor to agree to one guilty plea for simple possession and withdrawal of the remaining charges. We made in-court submissions arguing that our client should receive a conditional discharge and we were successful. As a result our client was able to avoid a criminal conviction.
Successful Result: Conditional Discharge, No Criminal Record
Charges Resolved with Reduced or No Jail Time
Case Number: 762078
Our client was stopped by the police for a traffic violation. While conducting the traffic stop, the police noticed that our client was on probation and asked where our client was coming from. Our client told the police that he was coming from a bar. Our client was then arrested for breaching his probation which prohibited him from entering places where the primary purpose of the business was the sale of alcohol. After the police arrested him, they searched his vehicle and located a large amount of cash and cocaine. In the event of conviction, the Crown Prosecutor was seeking jail time.
Upon being retained we ordered and reviewed disclosure, and were able to identify several instances where our client’s Charter rights were seriously violated during the investigation. We leveraged these breaches during negotiations and were able to secure a favorable resolution for our client. Instead of jail time, our client was only given a $600 fine with time to pay.
Successful Result: No Jail Time
Case Number: 5362240
Our client was charged with possession for the purpose of trafficking on three separate occasions after controlled substances were found in his possession.
Upon being retained, we immediately ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor and convinced them to accept a guilty plea to the lesser offence of possession on two of the counts. On the third count, we identified a significant breach of our client’s Charter rights and proceeded to trial. The Crown Prosecutor indicated that they would be seeking three years of jail upon conviction. We were successful in our application to have some of the evidence against our client excluded. As a result, our client was only convicted of the lesser offence of possession, and received a fine instead of jail.
Successful Result: Fine, No Jail
Case Number: 44470337
Our client was charged with 15 counts of selling drugs without a prescription, 15 counts of trafficking, fraud over $5000, theft over $5000, and breach of trust after she created false patient prescriptions while employed at a pharmacy. Our client admitted to the police that she had created the false prescriptions and that she was using the drugs for her own personal use. The Crown Prosecutor was seeking jail time.
Upon being retained we ordered and reviewed disclosure. We had meetings with our client and gathered more information about her circumstances and the circumstances surrounding the offences. We began negotiating with the Crown Prosecutor and provided more information about our client’s efforts to address her addiction issues. We leveraged this information during our negotiations and were able to convince the Crown Prosecutor and the Court to allow our client to serve her sentence by way of a Conditional Sentence Order. As a result, our client was able to serve her sentence in the community and avoid jail.
Successful Result: Conditional Sentence Order, No Jail
Criminal Driving Offences
Case Number: 22290272
Our client was charged following a late-night highway collision which caused bodily harm to the other driver. Our client sped up his vehicle once he passed a nearby town and immediately saw a vehicle crossing the highway in front of him. He slammed on his brakes at the last minute but was not able to avoid colliding with the vehicle. Following the collision, our client went to check on the other driver and immediately contacted police. When officers arrived, they located a witness who said our client was driving aggressively just prior to the incident. Based on this, the police arrested our client on the scene.
Upon being retained, we immediately requested disclosure and reviewed footage of the incident. We contacted the Crown Prosecutor and pointed out several problems with the investigation. Based on these, we were able to persuade the Crown to reach a resolution without proceeding to trial. As a result of these discussions, the Crown agreed that there was no reasonable likelihood of conviction and stayed the charges against our client.
Successful Result: Charge Stayed; No Criminal Record
Case Number: 55592591
Our client was pulled over when police discovered that his license plate was not attached to a vehicle. Our client quickly admitted that he did not have his drivers’ license or insurance with him. The officer investigated further and discovered that the vehicle was not insured, and our client had outstanding warrants on similar offences and for driving while criminally disqualified. Based on this, our client was arrested and charged with the criminal offence of driving while criminally disqualified and the traffic offences of driving with an unauthorized license plate, displaying an expired license plate and driving an uninsured vehicle on a highway.
Upon being retained, we requested disclosure and began resolution discussions with the Crown Prosecutor. We pointed out several issues with the investigation against our client and were able to successfully persuade the Crown to replace the criminal offence with a lesser traffic offence. The Crown also agreed to withdraw the other traffic charges against our client in exchange for a guilty plea to unlawfully driving an uninsured vehicle on a highway and driving without a license. As a result, our client paid a fine and avoided a criminal record.
Successful Result: Criminal Charge Amended to Traffic Offence; Traffic Offences Withdrawn; No Jail Time
Case Number: 25280106
Our client was charged with public mischief and failure to remain at the scene of an accident after he side-swiped another vehicle while going around a curve in the road. He then left the scene and later tried to report that his vehicle was stolen in order to avoid criminal charges. However, the victims were able to identify our client in a photo-lineup and he was subsequently charged.
Upon being retained, we ordered and reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. Our client had a lengthy record and his main priority was to avoid a custodial sentence. We noted to the Crown that our client’s record was dated and un-related to the charges at hand. The Crown agreed and in exchange for a guilty plea to the hit-and-run charge, they withdrew the public mischief charge and only imposed a fine. Due to our strong advocacy skills, our client avoided any jail time.
Successful Result: Fine, No Jail Time
Case Number: 21280212
Our client was charged with failure to remain at the scene of an accident after he hit a pole, totaling his vehicle, and then left the scene on foot. The police were called and eventually located our client to charge him.
Upon being retained, we ordered our client’s disclosure. However, we were not satisfied with the disclosure provided and we submitted additional requests for further disclosure. When sufficient disclosure was not forthcoming, the Crown eventually agreed to withdraw the charge.
Successful Result: Charge Withdrawn
Provincial Traffic Ticket Offences
Tickets Stayed, Withdrawn, or Acquitted
Case Number: 9583794
Late one night, our client and his friends were outside of their vehicles in a parking lot when police approached them and stated that witnesses had observed them racing. Our client showed his driver’s license and although some of his friends received stunting tickets, he did not. Our client asked one police officer if he could leave, which the officer allowed. A few minutes later, the same officer approached our client inside of a McDonalds and demanded a breath sample. Our client provided a sample which showed that he had consumed a small amount of alcohol, breaching the conditions of his license which did not allow for any alcohol consumption. He was then arrested for operation of a motor vehicle contrary to restriction.
Upon being retained, we immediately requested disclosure and identified several issues with the investigation. We contacted the Crown Prosecutor to raise these issues and further pointed out that our client had not consumed alcohol before or while driving the vehicle. Rather, he consumed alcohol once the car was parked and his friend agreed to drive it. Based on this, the Crown agreed to withdraw the charge against our client.
Successful Result: Ticket Withdrawn
Case Number: 75790043
Our client overturned on a highway and as a result, she drove into oncoming traffic nearly causing an accident and drove into the ditch. Her phone wasn’t working, so she decided to walk to her home which was close by to contact police. When officers arrived at her home, she was charged with five traffic violations and faced a significant fine.
Upon being retained, we immediately requested disclosure and discussed our options with our client. She instructed us to attempt to reach a resolution which had the lowest possible fine. Following this, we initiated resolution discussions with the Crown Prosecutor and eventually came to an agreement where three of the tickets were withdrawn in exchange to a guilty plea to the other two. The fine was significantly reduced, and our client dealt with fewer traffic tickets as a result of our efforts.
Successful Result: Tickets Withdrawn; Decreased Fine
Case Number: 25280119
Our client received a violation ticket under the Traffic Safety Act for excess speed. It is alleged that he was traveling at 154 km/h in a 80 km/h zone.
Upon being retained, we reviewed our client’s disclosure and found multiple violations of his Charter rights. When we drew the Crown Prosecutor’s attention to the violations and advised them that we would be filing a Charter notice, they withdrew the charge against our client.
Successful Result: Charge Withdrawn
Case Number: 25280046
Our client received a violation ticket under the Traffic Safety Act for driving while engaged in activity likely to startle other users (“stunting”) after the police received a complaint of an offensive sign on the tailgate of his vehicle.
Upon being retained, we ordered and reviewed our client’s disclosure. We began negotiating with the Prosecutor. We advised them that we would be filing a Charter Notice alleging a violation of our client’s Charter-protected right to freedom of expression. We ultimately convinced the Prosecutor to withdraw the charge against our client.
Successful Result: Charge Withdrawn
Case Number: 25280202
Our client was charged with public intoxication and stepping in front of a vehicle on a roadway. After a dispute about a bar tab, our client and her husband were ejected from the establishment and police were called to the scene. After several minutes of discussion, police began to take our client’s husband into custody and our client walked out into the street to film the encounter with her phone. Our client was put into handcuffs and alleged that police used excessive force when conducting her arrest.
Upon being retained, we ordered our client’s disclosure. However, importance pieces of evidence were missing from the disclosure package. We used this as leverage in our discussions with the Crown Prosecutor and stated that we would file a Charter Notice detailing the allegations of excessive force used by police. The Crown Prosecutor agreed that there was scant evidence of intoxication and significant disclosure issues. Our client’s charges were withdrawn.
Successful Result: Tickets Withdrawn, No Fine
Tickets Resolved with Reduced or No Fine/Demerit Points
Case Number: 75790028
Our client was driving home from a hike with his dog in the vehicle. At one point, the dog attempted to jump into the front seat. While our client was struggling with the dog, he momentarily lost control of his vehicle and crossed into another lane where he struck a semi-truck. A police officer on the scene took a breath sample from our client, which showed that he was below the legal limit for alcohol consumption. The officer confiscated his phone to investigate whether distracted driving was a factor in the accident. Our client went to the hospital for an examination and was contacted by police afterwards to come to the station where he was charged with careless driving. He also had an outstanding speeding ticket.
Upon being retained, we immediately requested disclosure and began resolution discussions with the Crown Prosecutor. We pointed out to the prosecutor that a momentary distraction does not constitute careless driving. Based on this, the Crown withdrew the outstanding speeding ticket and the careless driving charge in exchange for a guilty plea to “allowing an animal to distract the driver”. Our client paid a small fine and received no demerit points as a result of our negotiations.
Successful Result: Tickets Withdrawn; No Demerits
Case Number: 77780032
Our client was a photographer who frequently worked outside of Calgary. While he was driving to the mountains for a photoshoot, he was pulled over for speeding through a construction site. Our client pointed out that he did not notice the construction site as there was no one working on it and he later noticed that the sign indicating construction was reversed. If convicted, our client was facing a 30-day driving suspension, which would negatively impact his ability to run his business, and a $750.00 fine.
Upon being retained, we prepared our strategy which prioritized limiting our client’s driving suspension. We recommended that he enroll in a defensive driving course while we prepared submissions to the Crown Prosecutors in his defence. The case proceeded to trial and there, we were able to successfully reduce his suspension to two weeks and negotiate a reduced fine.
Successful Result: Reduced Suspension; Reduced Fine
Case Number: 25790299
Our client was driving home with a friend when he accidentally slid into the back of another vehicle. He panicked due to his lengthy traffic record and his friend encouraged him to drive off. The police investigation led them to our client several weeks later, at which point our client was charged with a Hit and Run and Failure to Provide Information. If convicted, our client was facing several thousand dollars in fines or a jail term.
Upon being retained, we sat down with our client to discuss his options and determine the best defence strategy for him. We successfully negotiated with the Crown Prosecutor for the withdrawal of one charge in exchange for a guilty plea to the other. As a result, our client did not receive any demerit points, he paid a fine of $550.00 and was able to keep his license.
Successful Result: Reduced fine; No Demerits
Case Number: 25290302
Our client was arrested after he was pulled over on the highway for having a loose tarp on his truck bed. During the stop, the police officer discovered that the vehicle was not insured and had it towed. Our client was facing a minimum fine of $2,785.00, up to a maximum of $10,000.00 for the charge. Failure to pay would result in 45 days to 6 months in jail.
Upon being retained, we ordered and reviewed disclosure, including footage from the officer’s vehicle. We identified several issues with the investigation and brought them to the Crown Prosecutor. Based on these discussions, the Crown agreed to quickly resolve the matter and decrease the fine. We successfully argued to have the ticket fine reduced to that of a Failure to Produce Insurance charge, which is $750.00. As a result of our negotiations, we saved our client a minimum of $2,035.00 in fines.
Successful Result: Ticket and Fine Reduced
Case Number: 25280067
Our client received a violation ticket under the Traffic Safety Act for excessive speed. It was alleged that he was traveling at 118 km/h in a 70 km/h zone. Our client’s main priority was to avoid demerit points.
Upon being retained, we immediately ordered and reviewed all disclosure. We identified weaknesses in the case against our client. We subsequently began negotiating with the Crown Prosecutor and using our strong advocacy skills we were able to convince the Crown to resolve the matter with a charge to a lesser offence of failing to obey the rules of the road. As a result, our client only received a fine and was able to avoid demerit points.
Successful Result: Fine, No Demerit Points
Case Number: 25290232
Our client received a violation ticket under the Traffic Safety Act for failing to remain at the scene of an accident. Our client collided with the back of another motorist’s vehicle at any icy intersection. After both parties exited their vehicles and took pictures, the other driver alleged that our client drove away without providing sufficient documentation.
Upon being retained, we ordered and reviewed our client’s disclosure. After negotiating with the Crown prosecutor, we convinced the Crown to resolve the matter by imposing a fine and no demerit points.
Tickets Resolved with No Suspension or No Jail
Case Number: 252180214
Our client received a violation ticket under the Traffic Safety Act after he was pulled over for speeding excessively. The police radar clocked him at 171km/hour in a 110km zone.
Due to our client’s employment, it was imperative for him to avoid a license suspension. Upon being retained, we reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. The Crown eventually agreed to resolve the matter by way of a fine and our client’s license was not suspended.
Successful Result: Fine, No Suspension
Case Number: 25280093
Our client received violation tickets under the Traffic Safety Act for driving while unauthorized and failing to provide registration. A month later, he received more violation tickets for driving while unauthorized and failing to surrender a suspended motor vehicle document to Registrar.
Upon being retained, we immediately reviewed all disclosure. Our client’s main priority was to avoid jail time. The Crown Prosecutor initially indicated that they would be seeking a fine and 14 days in jail. After negotiating with the Crown Prosecutor, we convinced them to reduce their initial sentence and tender a resolution offer of a fine. As a result, our client avoided going to jail.
Successful Result: Fine, No Jail Time
Case Number: 22280206
Our client received a violation ticket under the Traffic Safety Act for driving while unauthorized. Due to his driving record, our client was facing a jail sentence.
Upon being retained, we ordered and reviewed our client’s disclosure. His priority was to avoid jail. We negotiated with the Crown Prosecutor and were successful in convincing them to resolve the matter with a fine. As a result, our client avoided any jail time.
Successful Result: Fine, No Jail Time
Case Number: 22280206
Our client received a violation ticket under the Traffic Safety Act for driving while unauthorized. Our client had a lengthy driving record and had already served one jail sentence for driving while unauthorized.
Upon being retained we reviewed the disclosure and began negotiating with the Crown Prosecutor. Our client’s main priority was to avoid a jail sentence. We informed the Crown Prosecutor about our client’s efforts to turn his life around since the offence. Due to our strong advocacy skills, our client’s guilty plea resulted in a fine and he avoided a jail sentence.
Successful Result: Fine, No Jail Time
Case Number: 25280084
Our client was ticketed under the Traffic Safety Act for driving while un-authorized. In relation to a separate incident, she failed to submit a medical report on time to Alberta Transportation and her license was suspended. She assumed that submitting the report would automatically re-instate her license but this was not the case.
Upon being retained, we began negotiating with the Crown Prosecutor to get the best result possible. We explained our client’s misunderstanding with respect to her license suspension and that she was not knowingly driving while un-authorized. In exchange for a guilty plea, the Crown amended the charge and imposed only a fine. As a result, our client avoided a license suspension.
Successful Result: Fine, No Suspension
Case Number: 65680133
Our client was driving while his license was suspended due to a prior conviction for dangerous driving causing bodily harm. He was pulled over for not wearing his seatbelt. When asked to provide the police with his driver’s license, the police realized that he was operating a motor vehicle while his license was suspended and arrested our client.
Upon being retained, we ordered and reviewed disclosure. Our client’s main priority was to avoid jail time. We discovered that the Crown Prosecutor would be seeking a jail sentence following a finding of guilt due to, in part, the serious nature of the previous offence which led to the driving suspension. We made contested in-court submissions for a sentence that would allow our client to stay out of jail. We succeeded in our application and as a result our client was granted a five month conditional sentence order that allowed him to serve his entire sentence in the community.
Successful Result: Conditional Sentence Order, No Jail Time
Warrant Charges
Case Number: 55572391
Our client had been at warrant status for more than ten years on three serious drug trafficking charges. He was arrested in Ontario and brought to Alberta to face prosecution.
Upon being retained, we ran a bail hearing and successfully argued for our client’s release from custody pending trial. We ordered and reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. Prior to the trial, all charges against our client were stayed.
Successful Result: Warrant Vacated, Charges Stayed, No Criminal Record
Case Number: 55582484
Our client was arrested for theft under $5000 after a loss prevention officer observed him exiting a retail establishment with unpaid merchandise. At the time, our client was in Alberta with a friend trying to find employment and did not have a fixed address. After this incident, our client did not know what his options were and decided to move back home to his family in British Columbia. Consequently, he failed to attend court for his theft charge. Shortly after, our client turned his life around and secured full-time employment. He decided to take responsibility for his actions and resolve his charge which was then at warrant status.
Upon being retained, we immediately ordered disclosure and started negotiating with the Crown Prosecutor. We obtained proof of employment and strong character references. We negotiated a resolution where not only did our client not have to come to court, our client paid back his debt to society with a charitable donation and his charges while at warrant status were withdrawn.
Successful Result: Warrant Vacated, Charges Withdrawn, No Criminal Record
Case Number: 59582459
Our client was involved in a dispute in 2011. To his knowledge, nothing came from it. He moved out of province three weeks later, and then returned to Alberta a few months later. When our client became aware that there was a warrant out for his arrest, he decided to take responsibility for his actions.
Upon being retained, we came up with a strategy for our client to turn himself in. We conducted a bail hearing and had our client released on reasonable conditions. We were confident in proceeding to challenge the case against our client at trial as there were significant triable issues. Several months later, it became clear that the Crown Prosecutor could not locate the complainant. As a result, the Crown Prosecutor agreed to withdraw the charges against our client.
Successful Result: Warrant Vacated, Charges Withdrawn, No Criminal Record
Case Number: 55582501
Our client had five counts of failing to comply with probation orders. She decided to take responsibility for her actions and resolve her charges which were at warrant status.
Upon being retained, we immediately started negotiating with the Crown Prosecutor. We negotiated a resolution in which our client did not have to come to court and she paid back her debt to society with a charitable donation. Her charges while at warrant status were withdrawn.
Successful Result: Warrant Vacated, Charges Withdrawn, No Criminal Record
Case Number: 55582478
Our client realized he was at warrant status because of failing to attend for identification nine years prior. He needed a clear criminal record for employment purposes.
Upon being retained, we immediately started negotiating with the Crown Prosecutor. We negotiated a resolution where our client paid back his debt to society with a charitable donation. His charge which had been at warrant status was withdrawn.
Successful Result: Warrant Vacated, Charge Withdrawn, No Criminal Record
Case Number: 65680143
Our client was arrested for mischief after he broke a dining room chair in the course of a heated argument about money with his family members. Our client did not go to his court appearance and a warrant was issued for his arrest. He realized that he had criminal charges pending when he got a police record check done and decided to take responsibility for his actions.
Upon being retained, we immediately ordered our client’s disclosure and came up with a strategy for our client to turn himself in. We conducted his bail hearing and had him released on reasonable conditions. We began negotiating with the Crown Prosecutor and were able to successfully place our client into the Alternative Measures Program. Upon his completion of the program, the charges against our client were withdrawn. As a result, our client was able to avoid receiving a criminal record.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Case Number: 33370131
Our client was charged with committing an indecent act in a public place. It is alleged that our client unzipped his pants and exposed himself to an employee at a retail establishment while returning an item. Our client failed to appear at his first court appearance and a warrant was issued for his arrest.
Upon being retained, we immediately arranged to have our client’s matter brought into court to vacate the warrant. We ordered disclosure and began negotiating with the Crown Prosecutor. Ultimately, we were able to convince the Prosecutor to resolve our client’s matter with a common law peace bond. As a result, our client avoided a criminal record.
Successful Result: Charge Withdrawn, Common Law Peace Bond, No Criminal Record
Offences Against The Administration of Justice
Charges Withdrawn or Stayed
Case Number: Canmore Provincial Court
Case Number: 2240008
Our client was charged with Obstruction of a Peace Officer after two peace officers attended a large party site located on a campsite that our client had rented for a birthday party. Upon arriving at the scene the peace officers found that there were bottles of alcohol and beer cans strewn about the site, as well as a significant amount of garbage. Because our client had violated park regulations, the peace officers revoked her parking permit. While the officers were investigating the infection our client had given the officers a false name, had become enraged at the presence of the officers at the site, and had struck their vehicle in anger. The officers subsequently charged our client with Obstruction of a Peace Officer.
Upon being retained we ordered disclosure and immediately directed our client to begin volunteering in the community. We also sought out glowing character references for our client to forward to the Crown Prosecutor during negotiations. Once we had identified our strongest defences, we began negotiating potential resolutions with the Crown. Through our efforts we were able to successfully resolve the matter by diverting our client to the Alternative Measures Program. As a result, our client was able to avoid a criminal record that would have caused her to lose her job.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Driving Offences
Charges Withdrawn or Stayed
Case Number: Red Deer Provincial Court
Case Number: 762045
Our client was arrested after a large number of witnesses reported that he was driving his vehicle recklessly and in an extremely dangerous manner down the highway. The witnesses reported that he was dangerously weaving in and out of traffic, and tailgating other vehicles. Significantly, the Crown Prosecutor obtained dash cam footage of our client driving through the middle of two other vehicles on a two-lane highway at an extremely high rate of speed.
Upon being retained, we ordered and reviewed disclosure. We identified a number of detrimental weaknesses in the Crown Prosecutors case, as well as a significant Charter violation that occurred during the investigation. We pointed the weaknesses out to the Crown and our client’s criminal charge was withdrawn prior to trial.
Successful Result: Charges Withdrawn, No Criminal Record
Case Number: 7518431
Our client was charged with Dangerous Driving Causing Bodily Harm for zigzagging through traffic and darting through a busy intersection on a yellow light. Our client’s dangerous driving ultimately caused a collision which resulted in a pedestrian being struck and hospitalized with numerous serious injuries.
Once we were retained, we immediately sought disclosure and found several inconsistencies in the eyewitness accounts of the incident. As the Crown Prosecutor’s case depended heavily on these accounts, we were able to leverage these weaknesses in subsequent resolution discussions with the Crown. As a result of our efforts, the charges against our client were stayed on the eve of trial.
Successful Result: Charge Stayed, No Criminal Record
Case Number: 562198
Our client was driving while his licence was suspended due to a prior impaired driving conviction. While driving, he was pulled over by the police for a tinted window infraction. When asked to provide the police with his driver’s licence, the police realized that he was operating a motor vehicle while his licence was suspended and then arrested our client.
Despite the strength of the evidence against our client, we were able to resolve the matter prior to trial. After negotiating with the Crown Prosecutor, it was agreed that the criminal charges would be dropped in exchange for a guilty plea to a traffic ticket and the payment of a fine.
Successful Result: Criminal Charges Withdrawn, No Criminal Record
Firearms and Weapons Offences
Charges Withdrawn or Stayed
Case Number: Okotoks Provincial Court
Case Number: 751805
Our client was arrested for Unauthorized Possession of a Prohibited or Restricted Weapon and Possession of a Weapon for Dangerous purposes when he was pulled over by the police for having tinted windows. Upon approaching the vehicle to issue the ticket for the tinted windows, the police looked into the passenger’s seat of our client’s vehicle and saw a can of mace and a large knife. The police then immediately arrested our client and searched his vehicle incident to the arrest. During the search they found another can of mace, masks, and another folding knife that extended into a multi-point weapon.
Upon being retained we ordered and reviewed our clients disclosure and identified all evidentiary weaknesses and Charter breaches prior to negotiating with the Crown Prosecutor. We then used the issues we had identified to persuade the Crown to divert our client to the Alternative Measures Program. Once our client had successfully completed the program, the charges against him were withdrawn.
Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record
Youth Offences
Charges Withdrawn or Stayed
Case Number: Airdrie Provincial Court
Case Number: 751847
Our client was charged with two counts of assault after he got into an altercation with a classmate at school. The altercation resulted with our client picking up the complainant, slamming him to the ground, and then slamming his head into the ground. As a result of the force of the assault, the complainant suffered a concussion. A few days after the initial assault, our client found the complainant and assaulted him a second time, punching him in the head and aggravating his original injuries.
After we were retained we carefully examined our client’s disclosure and identified all potential defences, inconsistencies, and weaknesses in the evidence against him. We also sought out character references and proof of extracurricular activities for our client to assist us in resolution discussions with the Crown Prosecutor. We then began negotiations with the Crown, and prior to trial we were able to successfully advocate for our client’s placement in the Alternative Measures Program. Upon his successful completion of the program, all charges against him were withdrawn.
Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record
Breach Offences
Charges Withdrawn or Stayed
Case Number: 53562265
Our client was charged with breaching a recognizance when he was re-arrested shortly after being released for another offence. One of the conditions of his bail for the prior offence was to refrain from entering establishments where the primary purpose of the business was the sale of alcohol. He was also to refrain from drinking alcohol and from consuming drugs. Our client was noticed when he drove erratically into a parking lot of a liquor store. Once he re-emerged from the liquor store, the police approached him and informed him that they had ran his information and noticed that he was currently in breach of his recognizance. In addition, while speaking to him at the window of his truck, the police noticed the smell of fresh marijuana coming from his vehicle and arrested him for possession. Upon searching his vehicle incident to arrest, the police located 9 grams of marijuana in his truck.
As breaching a recognizance is a very serious offence in Canadian law, the Crown prosecutor was seeking jail and considerable fines if our client was convicted. We ordered and did a thorough review of our client’s disclosure and found a number of weaknesses in the case against our client. We utilized these weaknesses in subsequent resolution discussions with the Crown, and we were able to persuade them to divert our client instead of sending him to jail. As a result, our client was placed in the Alternative Measures Program, and the charges against him were withdrawn once he had finished the program’s requirement.
Successful Result: Alternative Measures Program, Charges Withdrawn
Charges Resolved with a Peace Bond
Case Number: 326009
Our client was charged with breaching the conditions of an undertaking, assault with a weapon and intimidation after the police attended a 911 call at his residence. Upon arriving, they found the complainant sitting on the steps. The complainant told the police that he had been in a fight with his boyfriend. The complainant had blood on his head and hands, and there was a 3-inch laceration on his head. The complainant informed the police that his boyfriend had thrown a phone at him while they were fighting, and that caused the laceration. The complainant also informed the police that his boyfriend had choked, punched him, and had taken away the phone when he tried to call the police.
Upon reviewing disclosure, we found several inconsistencies in the case against our client. We leveraged the weaknesses that we had identified in the Crown’s case to persuade the Crown to resolve the matter with a peace bond. Upon signing the peace bond, the charges against our client were withdrawn.
Successful Result: Peace Bond, Charges Withdrawn
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Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.
Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.
Without hesitation, I would recommend Elizabeth Weisenburger to defend anyone in a criminal case. Her unrivalled knowledge of the law helped me be acquitted of assault charges. Elizabeth’s hard work and amazing strategy in court and under pressure far surpass any expectations I had. She is professional, non-judgmental and she looks out for her clients best interest. Thank you.
Elizabeth and team did a phenomenal job in looking after my case. As I wasn’t familiar at all with the whole process, she educated me and made everything extremely easy from start to finish. I received excellent value for her service and would wholeheartedly recommend Elizabeth and the rest of the team at the firm. Thank you so much, Elizabeth!
I am thankful to have had Elizabeth Weisenburger work on my case. Throughout the entire process Elizabeth demonstrated professionalism, knowledge, high attention to detail, and was very efficient in resolving my case with a positive outcome. I would highly recommend the law services of Elizabeth Weisenburger.
