Sexual Offences

>>Sexual Offences
Sexual Offences 2017-11-19T20:16:33+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.


Sexual Offences

Charges Diverted

Case Number: 531492

Our client was arrested for soliciting prostitution after he was caught in the act by an undercover police operation. It is alleged that our client drove into an area well known for prostitution. He approached an undercover officer posed as prostitute, and offered her cash in exchange for sexual services. After making his offer, he was informed that he was under arrest, and was charged for soliciting prostitution.

Upon being retained, we immediately ordered disclosure and reviewed the evidence against our client. Even though the evidence against him was very strong, we were able to persuade the Crown prosecutor to divert our client into the Alternative Measures Program. Upon our client’s successful completion of the program, the charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Charges Stayed or Withdrawn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Successful Result: Alternative Measures Program, Charges Withdrawn, No Criminal Record

Case Number: 35370056

Our client was charged with an indecent act after he attended a grocery store and completely exposed himself to a staff member. The staff member reported the incident to her supervisor, who then contacted the police. The police located our client shortly thereafter and arrested him for the indecent act.

Upon being retained, we did a detailed review of our client’s disclosure and found a number of inconsistencies between the police report and the statement given by the complainant. We then began resolution discussions with the Crown Prosecutor, and were able to use the inconsistencies to persuade the Crown to withdraw the charges against our client.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 551866

Our client was charged with voyeurism after he tried to make an inappropriate visual recording of a staff member at a tanning salon. The complainant alleged that after she had taken off all of her clothing in a tanning room prior to entering a tanning booth, that she looked up and saw that a cellphone was being held over the wall from the adjacent tanning room. She also reported that she could tell that the phone was recording her. She yelled at a fellow staff member to bring her a robe and quickly called the police. Our client who was holding the phone and making the recording was then arrested and charged with Voyeurism.

Once retained we ordered and thoroughly reviewed disclosure and found a significant weakness in the case against our client. We were able to successfully leverage this weakness in subsequent negotiations with the Crown Prosecutor, and we were able to persuade her to withdraw the charges against our client in exchange for a charitable donation.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 311023

Our client was arrested and charged with sexual assault of a minor and sexual interference of a child under 16. Our client was charged after his stepson told his mother and the police about an incident that had recently occurred between himself and his stepdad. The complainant alleged that our client had the child touch him sexually, and it was further alleged that there was at least one instance where our client had sexual intercourse with his stepson. Our client maintained his innocence in the face of these allegations, so we set the matter to be tried before a jury.

While preparing for the trial, we did a thorough review of the complainant’s statement and found areas of potential inconsistency. We meticulously reviewed our client’s disclosure found a number of inconsistencies in the complainant’s statement. We also issued multiple disclosure requests that allowed us to discover new evidence that was not even known to the Crown. Prior to our client’s trial, we also conducted a successful, full-day hearing where we vigorously argued for access to the complainant’s medical records. The medical records that we obtained as a result of this hearing contained a medical assessment that was performed on the complainant after the allegation of sexual assault. These records showed that contrary to the complainant’s claims, there was absolutely no physical or medical evidence to support the allegation that our client had sexually assaulted his stepson. As a result of our efforts, the Crown ceased their prosecution and our client walked away from the charges with no criminal record.

Successful Result: Charges Stayed, No Criminal Record

Charges Resolved with a 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

Discharges

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

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Glowing Reviews From Our Clients

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.

I would definitely recommend Michael Oykhman and his team. Not only were my charges dropped but the professionalism and empathy I was shown gave you confidence knowing someone was working just as hard as you would be to obtain the best possible result. For anyone looking for lawyer he is one of the best hands down.

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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