Property Offences

>>Property Offences
Property Offences 2017-11-19T20:17:11+00:00

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.


Property Offences

Charges Diverted

Case Number: 1160128

Our client was charged with Being Unlawfully in a Dwelling House after he had broken into the home of a complainant who was unknown to him. The complainant was sleeping in her home, and when she woke, she found our client sitting on her couch. The complainant instantly called the police to report that an unknown male had entered her home. Upon arriving, the police found our client inside the complainant’s home, and found him to be in a highly intoxicated state.

Upon being retained, we immediately ordered and reviewed disclosure. We identified weaknesses in the case against our client and began resolution discussions with the Crown Prosecutor. Despite the fact that our client was charged with an indictable offence, we were able to successfully advocate for his placement in the Alternative Measures Program. Upon his successful completion of the program the charges against him were withdrawn.

Successful Outcome: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 4262156

Our client was charged with one count of Fraud Under $5000.00. He entered a retail establishment, selected items from the sales floor, presented a receipt that was not for those goods, and claimed that he had previously purchased them. He was able to leave the store with the items.

Loss prevention noticed the theft, identified our client, and contacted the police. Our client was subsequently arrested and charged with one count of Fraud Under. Upon being retained, we ordered disclosure and began negotiating with the Crown. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program his charges were withdrawn.

Successful Outcome: Charges Withdrawn, No Criminal Record

Case Number: 751919

Our client was charged with mischief over $5000 and uttering threats when he deliberately ran into the complainant’s vehicle. The incident occurred after our client saw the complainant walking in a parking lot with his daughter. After seeing the two of them together, our client ran into the side of the complainant’s car, causing approximately $10,000.00 in damages. After hitting the complainant’s vehicle, our client then threatened the complainant by telling him that if he caught the complainant with his daughter again, it would be the complainant that he would strike, instead of his car.

As soon as we were retained, we ordered and reviewed disclosure, and  instructed our client to enroll in anger management counselling and ensure that restitution was paid to the complainant. Despite the seriousness of the charges, we were able to leverage our client’s post charge actions and the weaknesses we found in the Crown’s case to successfully resolve the matter by diverting our client into the Alternative Measures Program. As a result, once our client completed the program the charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

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

Charges Withdrawn or 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

Case Number: 2350089

Our client was arrested and charged after he was allegedly found inside the complainant’s house with a wrench, and holding some of her property. It is alleged that our client came home with her children and found our client, who was unknown to her, coming down her stairs. She pressed the button on her home security system, and the police attended the scene shortly thereafter.  The complainant described our client to the police, and video footage from a neighboring property caught images of him entering and leaving the complainant’s home.

Upon being retained we immediately ordered and reviewed disclosure. Prior to trial, we began negotiation discussions with the Crown and were able to point out detrimental weaknesses in their ability to prove the identity of the offender. In response, the Crown withdrew all charges against our client prior to trial, and our client received no criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items. Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt. We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Case Number: 53662253

Our client was charged with breaking and entering and mischief after he broke into his ex-wife’s home. He had attended the property to take items that he felt he were his. He broke a window in the downstairs of the home, and then entered the house through an unlocked door. Once inside, he was seen by his daughter. Knowing that her father was not supposed to be in the residence, she called her mother who then called the police. The Crime Scenes Unit was quickly dispatched to the residence, and our client was arrested shortly thereafter.

Due to the domestic and very serious nature of the offence, the Crown prosecutor’s starting position was 60 days in jail following a conviction. Notwithstanding the Crown’s hard stance and the aggravating nature of the charges, we spent the better part of a day in Court discussing the case and negotiating with the Crown. Owing to our efforts, we were able to convince the Crown to divert charges that would have almost certainly resulted in a conviction had they proceeded to trial. As a result, our client was placed in the Alternative Measures Program (AMP) and the charges against him were withdrawn once he finished AMP.

Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 3260042

Our client got into an altercation with his girlfriend in their home. The Police were dispatched to the scene and found a number of broken items on the floor, and our client in his home. His girlfriend told the police that he was intoxicated, and they noticed a strong smell of alcohol coming from the garage. The police checked their system to see if our client had any outstanding warrants, and noticed that he was on probation and had been ordered not consume any alcohol.

The police then arrested our client for breaching a condition of his probation. Upon retaining us, we immediately ordered disclosure and began canvassing possible resolutions with the Crown Prosecutor. During these discussions we were able to point out several weaknesses against our client that ultimately led to his charges being withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 741774

Our client was employed as a Cashier at a restaurant in Calgary and was arrested for Theft Under $5000.00 after the manager at her place of employment found that one of the daily deposits were short $160.00. The manager then reviewed the CCTV footage in the store, which revealed our client taking cash out of the register and putting it in her sock. Shortly thereafter, it was discovered that for some time our client had been taking orders, cancelling them on the register, and pocketing the money. After reviewing all CCTV footage and the financial records of the restaurant, it was found that our client had stolen almost $1000.00 from her place of work.

Upon being retained we ordered disclosure and immediately directed our client to enter counselling, to draft a letter of apology, and ensured that she paid restitution to her former employer. Notwithstanding the strength of the evidence against her and aggravating factors like the fact that she had taken advantage of a position of trust when committing the offence, we were still able to persuade the Crown Prosecutor to divert her charges. On the basis of our advocacy our client was accepted into the Alternative Measures Program and once completed, all charges against our client were withdrawn.

Successful Outcome: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 762001

Our client was charged with Theft Under when she walked out of a local grocery store with a number of items in her cart without paying. Our client was observed by two loss prevention officers taking items from the shelves and putting them in her cart. Once in her cart, she concealed the items with grocery bags. She was also seen taking an item from a shelf and placing it in her purse. The loss prevention officers then witnessed her leave the store without making any attempt to pay. The entire event was also captured on CCTV. Once outside the store, the loss prevention officers stopped her and noticed that she had placed an old receipt from the same store on top of the items. When asked about the goods and the receipt, she told the officers that she had simply forgotten to pay, and that she was organizing her receipts.

Once retained, we ordered and reviewed disclosure to identify any weaknesses in the Crown Prosecutor’s case against our client. We subsequently learned that our client was suffering from postpartum depression, and was receiving counselling to address that issue. We asked our client to provide us with documentation of her medical condition, as well as proof of the counselling she had done. We also instructed her to compose a letter of apology to submit to the grocery store. Once we had gathered all exculpatory evidence for our client, we began resolution discussions with the Crown. Within a few weeks, the charges against our client were withdrawn.

Successful Result: Charges Withdrawn, No Criminal Record

Calgary Provincial Court
Case Number: 22601571

Our client was charged with Theft Under $5000 after it was alleged that she had stolen money from her employer.
Once we were retained we sought disclosure and reviewed it with our client. We got our client into the Alternative Measures Program, and the charge was withdrawn upon completion of the program. As a result, our client does not have a criminal record and she was able to continue working abroad teaching English.

Successful Result: Charge Withdrawn, No Criminal Record

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

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Calgary Provincial Court
Case Number: 22601281

Our client was charged with unlawfully being in a dwelling house after it was alleged that he was heavily intoxicated and entered another person’s home without permission, frightening the homeowner who was watching TV in the living room.

Upon being retained we immediately requested disclosure. We were able to get our client into the Alternative Measures Program, and his charge was withdrawn once he completed the program.

Successful Result: Charges Withdrawn, No Criminal Record

Discharges

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

No Jail Time

Case Number: 762106

Our client was charged with one count of Fraud Under $5000.00 for conducting fraudulent transactions in her healthcare account. The Crown was seeking jail time in the event of conviction.

Upon being retained we immediately requested disclosure and reviewed it thoroughly with our client. As our client’s primary goal was to avoid jail time, we negotiated with the Crown to find a resolution that would ensure our client spent no time in prison.

Prior to entering an early guilty plea, we obtained a pre-sentence report that allowed us to successfully obtain a sentence of 4 months of house arrest, and a one-year conditional sentence order instead of jail.

Successful Result: House Arrest and Conditional Sentence Order

Case Number: 762226

Over the course of several months our client stole and deposited several cheques issued to her former employer into her own bank account. Once her employer noticed that some of their cheques were missing, they contacted the police who quickly found out that our client’s bank was the account into which the missing cheques were being deposited. At the time of her arrest, she had stolen over $8000.00 of funds from her former employer. Upon being arrested, she also admitted to stealing and depositing the cheques.

Due to the nature of the offence, if convicted our client was likely facing jail time. Upon being retained, we immediately ordered disclosure and started negotiating with the Crown Prosecutor. We were able to successfully advocate for a period of probation and our client was able to avoid any time spent in jail.

Successful Outcome: No Jail Time, Probation

Case Number: 4650146

Our client was arrested for Forcible Entry and Breach of Probation shortly after being released from prison. He was initially arrested and released from prison after being taken into custody for multiple violent offences and failures to appear. When released, one of the conditions of his probation was that he did not consume any alcohol. However, after he had gotten into an argument with his girlfriend, he broke into her place of residence and sat on the couch drinking beer until she came home. As his girlfriend had reason to fear that our client would act violently towards her, she called the police who attended her residence and arrested our client.

Upon being retained we immediately ordered and reviewed disclosure, and discussed potential courses of action with our client. As the evidence against our client was very strong, but our client’s primary goal was to avoid more time in prison, we entered an early guilty plea to increase the likelihood that he would receive a favorable outcome. Despite our client’s lengthy criminal record, on the basis of our submissions our client was able to any time spent in prison for this offence.

Successful Outcome: No Jail Time

Case Number: 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

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Charges from outside of Calgary near Okotoks: Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

D.P.

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R.D.

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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.

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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.

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