Impaired/Blowing Over .80/Refusal

Charges Stayed or Withdrawn

Impaired Driving and Over .08 Charges Withdrawn

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 We sent our Charter notice to the Crown Prosecutor and all charges against our client were withdrawn prior to trial.

Successful Result: Charges Withdrawn, No Criminal Record

Impaired Driving and Over .08 Charges Stayed

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

Impaired Driving and Over .08 Charges Withdrawn

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

Impaired Driving, Over 80, and Dangerous Driving Charges Withdrawn

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

Refusal Charges Withdrawn

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

Refusal Charge is Withdrawn for a Guilty Plea to a Traffic Ticket

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

Refusal, and Possession Charges Withdrawn for a Guilty Plea to an Obstruction of Justice Charge

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

Impaired and Over 80 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

Impaired and Over 80 Charges Withdrawn

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

Impaired and Over 80 Charges Withdrawn

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

Impaired and Over 80 Charges Withdrawn

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

Impaired Driving and Over 80 Charges Reduced to a Traffic Fine

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

Impaired and Over 80 Charges Withdrawn

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

Impaired and Over 80 Charges Withdrawn

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

Impaired and Over 80 Charges Withdrawn

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

Impaired and Over 80 Charges Withdrawn

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

Impaired Driving and Over .08 Charges Withdrawn

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

Impaired Driving and Over .08 Charges Stayed

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

Impaired Driving and Over .08 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

Curative Discharges

Impaired Driving and Refusal Charges Result in Curative Discharge

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

Impaired Driving and Over 80 Charges Result in Curative Discharge

Case Number: 762046

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

Impaired Driving and Refusal Charges Result in a Curative Discharge

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

Impaired Driving and Refusal Charges Result in a Curative Discharge

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

Impaired Driving, Driving Over 80, and Assault of a Police Officer Charges Result in a Curative Discharge

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

Refusal Withdrawn and Impaired Driving Curative Discharge Granted

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

Domestic Assault Charge Withdrawn

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

Violent Offences

Charges Diverted

Assault of a Peace Officer Charge Results in Mental Health Diversion

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

Assault of a Peace Officer Charge Results in Alternative Measures

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

Assault with a Weapon, Uttering Threats, and Unauthorized Possession of a Weapon Charges Result in Mental Health Diversion

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

Criminal Harassment Charges Result in Mental Health Diversion

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

Charges Stayed or Withdrawn

Assault and Criminal Harassment Charges Withdrawn

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

2 Counts of Domestic Assault and Breach of Recognizance Stayed

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

Assault Causing Bodily Harm Charge Withdrawn

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

Assault Charges Stayed

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

Assault Charges Stayed

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

Criminal Harassment Charge Withdrawn

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

Uttering Threats and Assault Charges Withdrawn

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

Domestic Assault Charges 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

Domestic Assault Charges Withdrawn

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

Domestic Assault and Mischief Charges Stayed

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

Two Counts of Uttering Threats Withdrawn

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

Discharges

Assault and Breach of Probation Charge Result in a Conditional Discharge

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

Assault Charges Result in Conditional Discharge

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

Criminal Harassment Charge Results in Conditional Discharge

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

Aggravated Assault Results in Conditional Discharge

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

Break and Enter, Assault With a Weapon, Possession of a Weapon for Dangerous Purposes, and Assault Causing Bodily Harm Charges Result in Discharge

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

Assault Charges Result in Conditional Discharge

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

Charges Resolved with a Peace Bond

Unlawful Confinement and Assault Charges Result in a Peace Bond

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

Domestic Assault, Assault With a Weapon, and Uttering Threats Charges Result in a Peace Bond

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

Assault With a Weapon Results in a Common Law Peace Bond

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

Domestic Assault, Forcible Confinement, Mischief, and Breach of Recognizance Charges Result in a Peace Bond

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

Domestic Assault Charge Results in Peace Bond

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

Domestic Assault and Charge Results in a Common Law Peace Bond

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

Domestic Assault and Mischief Charge Results in a Peace Bond

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

Uttering Threats and Assault Charge Results in a Peace Bond

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

Domestic Assault Results in Peace Bond

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

Domestic Assault Results in Peace Bond

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

Assault With a Weapon Charge Results in a Peace Bond

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

Publication of an Intimate Image Without Consent Results in a Peace Bond

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

Charges of Extortion, Publication of an Intimate Image Without Consent, and Assault Result in a Peace Bond

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

Domestic Assault and Intimidation Charges Result in 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

Domestic Assault and Mischief Charges Result in a Peace Bond

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

Domestic Assault Charge Results in Peace Bond

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

No Jail

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

Domestic Assault Charge Results in Peace Bond and Charges Withdrawn

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

Domestic Assault Charge Results in Peace Bond and Charges 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

No Jail

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

Sexual Offences

Discharges

Voyeurism Charge Results in Conditional Discharge

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 Withdrawn or Stayed

Indecent Act Charges Withdrawn

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

Communicating to Obtain Sexual Services Charges Withdrawn

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

Voyeurism Charges Withdrawn

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

Charges Resolved with a Peace Bond

Sexual Assault, Breaking and Entering, Assault, and Dangerous Driving Charge Result in Peace Bond

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

Property Offences

Charges Withdrawn or Stayed

11 Counts of Mischief and 2 Counts of Possession of a Weapon for Dangerous Purposes Withdrawn

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

Theft Under Charges Withdrawn

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

Breaking and Entering, Robbery, Possession of a Break in Instrument, and Possession of a Weapon for a Dangerous Purpose Charges Withdrawn

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

Car Theft and Breach of Probation Charges Stayed

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

Breach of Probation Charge Withdrawn

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

Theft Under $5000 Charges Withdrawn

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

Unlawfully in a Dwelling House, Charge Withdrawn

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

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

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

Theft Under $5000 Charge Withdrawn

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

Unlawfully in a Dwelling House, Charge Withdrawn

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

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charge Withdrawn

Airdrie Provincial Court
Case Number: 23500891

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

Theft Under $5000, Charge Withdrawn

Calgary Provincial Court
Case Number: 22601571

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

No Jail Time

Fraud Charge Results in House Arrest and Conditional Sentence Order

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

5 Counts of Fraud Over $5000.00 and 5 Counts of Theft over $5000.00 Result in No Additional Jail Time

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

Theft Over $5000.00 Charges Result in Probation

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

Forcible Entry and Breach of Probation Result in No Jail Time

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

Charges Diverted

Fraud Charge Results in Alternative Measures

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

Being Unlawfully in a Dwelling House Charge Results in Alternative Measures

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

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

Mischief Over $5000 and Uttering Threats Charges Result in Alternative Measures

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

Discharges

Breaking and Entering, Theft, Mischief, and Failure to Appear Charges Result in Conditional Discharge

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

Drug Offences

Discharges

Two Counts of Possession Result in a Conditional Discharge

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

No Jail Time

Possession for the Purposes of Trafficking and Possession of the Proceeds of Crime Charges Result in a $600 fine

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

Diversion

Possession of an Illegal Substance Charge Results in Alternative Measures

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

Three Counts of Possession Results in Alternative Measures

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

Three Counts of Possession Results in Alternative Measures

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

Possession Charge Results in Alternative Measures

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

Possession Charge Results in Alternative Measures

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

Offences Against The Administration of Justice

Obstruction of a Peace Officer Results in Alternative Measures

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

Dangerous Driving Causing Bodily Harm Stayed

Case Number: Calgary Provincial Court
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

Driving While Disqualified Charge Reduced to a Traffic Ticket

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

Dangerous Driving Charge Withdrawn

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

Firearms and Weapons Offences

Two Counts of Unauthorized Possession of a Prohibited or Restricted Weapon and Possession of a Weapon for Dangerous Purposes Withdrawn

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

Two Counts of Assault Result in Alternative Measures

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

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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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.