Drug Offences

>>Drug Offences
Drug Offences 2020-09-16T21:06:54+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.


Drug Offences

Charges Stayed, Withdrawn, or Acquitted

Case Number: 55582518

Our client was charged following an investigation that led to a search warrant on his property. During the search, officers found several items that led them to suspect our client of producing and trafficking controlled substances. The police report indicated that our client was never observed conducting transactions consistent with the handling or trafficking of controlled substances but was brought to the attention of investigators observing another person of interest.

Upon being retained, we requested disclosure and pointed out several weaknesses in the case against our client. We entered resolution discussions with the Crown Prosecutor and were able to negotiate the withdrawal of four charges in exchange for a guilty plea to one charge. However, before we entered a guilty plea, the charges were stayed and as a result, our client avoided a criminal record.

Successful Result: Charges Stayed; No Criminal Record

Case Number: 65680141

Our client was approached by police who suspected that him and his passenger were smoking cannabis in the vehicle in a deserted parking lot. When they questioned our client, he produced some dried cannabis and was immediately arrested for possession. When the police continued to search, they found several other bags of cannabis and weapons. Our client was subsequently charged with Possession of a Drug for the Purpose of Trafficking.

Upon being retained, we learned that the bags of cannabis and weapons were solely owned by the passenger of the vehicle, not our client. We ordered disclosure and discovered that police were aware of this at the time of arrest. After discussing the situation with the Crown Prosecutor, they agreed to withdraw the charge against our client.

Successful Result: Charge Withdrawn; No Criminal Record

Case Number: 55172297

Our client was charged as a result of an undercover operation that targeted him as a potential drug dealer. After being under police surveillance for some time, he was arrested when an undercover police officer called him and asked him to purchase cocaine. When he went to the meeting place to complete the exchange he was arrested for possession for the purposes of trafficking. Upon searching him following his arrest, the police also found a large amount of cash and charged him with possession for the purposes of trafficking. Our client never followed up with his charges, and left the province after he was released. Several years later he found that there were outstanding warrants for his arrest on this matter, and he contacted us to defend him with respect to these charges.

We ordered and did a thorough review of his disclosure, and found a number of significant weaknesses in the case against our client. We discussed these weaknesses with the Crown prosecutor prior to trial, and the Crown withdrew all charges as he realized that there was no likelihood of succeeding at trial.

Successful Result: Charges Withdrawn, No Criminal Record

Case Number: 67580191

Our client was charged after the police conducted a traffic stop of his vehicle and searched him as part of an undercover operation. The police found currency with serial numbers matching the ones they had used in a prior undercover drug deal.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We identified breaches of our client’s right against unreasonable search and seizure. We pointed out these breaches to the Crown Prosecutor and ultimately convinced them to withdraw the charges against our client. As a result, our client was able to avoid receiving a criminal record.

Successful Result: Charges Withdrawn, No Criminal Record

Charges Diverted

Case Number: Calgary Provincial Court
Case Number: 2250086

Our client was arrested and charged with Possession after he was stopped by the police for driving at an excessive speed. After being pulled over, the police smelled the scent of fresh marijuana coming from his vehicle and asked him to exit his truck. Upon searching his vehicle they found several jars of marijuana and a used pipe. The police seized all of the drugs and arrested our client.

Upon being retained we immediately obtained and reviewed disclosure. We identified several weaknesses in the case against our client and used them to secure a favorable resolution with the Crown Prosecutor. We were able to successfully place our client in the Alternative Measures Program, and upon his successful completion of the program the charges against him were withdrawn.

Successful Result: Alternative Measures, No Criminal Record

Case Number: Calgary Provincial Court
Case Number: 751942

Our client was stopped by the police after speeding approximately 50 km over the posted limit. When our client rolled his window down to speak to the police, the police were able to smell a strong scent of fresh marijuana emanating from his vehicle. They asked our client to exit his vehicle, which they then proceeded to search. Upon searching the vehicle, they found a container holding approximately 10 grams of marijuana.

Upon being retained, we immediately sought disclosure and directed our client to sign up to volunteer in the community and to attend drug addiction counselling. We used proof of our client’s efforts in conjunction with evidentiary weaknesses we had identified in the disclosure to successfully advocate for our client’s placement in the Alternative Measures Program. As a result of our effort, he was able to completely avoid a criminal record as the charges against him were withdrawn when he finished the program.

Successful Result: Alternative Measures, No Criminal Record

Case Number: 32360030

Our client was arrested and charged with possession after he accidentally forgot 18 grams of marijuana in a safe at his hotel. He had checked out of the hotel, realized that he had forgotten the drugs in the safe, and called the hotel to let them know that he was on his way back to pick up belongings he left in the room. Prior to his return, hotel security entered the room and found the drugs. The police then located our client who was arrested and charged with possession.

Upon being retained we reviewed our client’s disclosure and flushed out all weaknesses in the case against him. We then obtained strong character references for our client from his current employer, and directed our client to seek counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and were able to successfully secure his placement in the Alternative Measures Program. Upon his successful completion of the program, the charges against him were withdrawn.

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

Case Number: 53562265

Our client was charged with breaching a recognizance when he was re-arrested shortly after being released for another offence. One of the conditions of his bail for the prior offence was to refrain from entering establishments where the primary purpose of the business was the sale of alcohol. He was also to refrain from drinking alcohol and from consuming drugs. Our client was noticed when he drove erratically into a parking lot of a liquor store. Once he re-emerged from the liquor store, the police approached him and informed him that they had ran his information and noticed that he was currently in breach of his recognizance. In addition, while speaking to him at the window of his truck, the police noticed the smell of fresh marijuana coming from his vehicle and arrested him for possession. Upon searching his vehicle incident to arrest, the police located 9 grams of marijuana in his truck.

As breaching a recognizance is a very serious offence in Canadian law, the Crown prosecutor was seeking jail and considerable fines if our client was convicted. We ordered and did a thorough review of our client’s disclosure and found a number of weaknesses in the case against our client. We utilized these weaknesses in subsequent resolution discussions with the Crown, and we were able to persuade them to divert our client instead of sending him to jail. As a result, our client was placed in the Alternative Measures Program, and the charges against him were withdrawn once he had finished the program’s requirement.

Successful Result: Alternative Measures Program, Charges Withdrawn

Case Number: 2250117

Our client was charged with three counts of Possession after the police searched him and his car. Our client was sitting in the passenger seat of his vehicle in a remote location when the police approached him to ask what he was doing. While speaking to our client, the police noted that he kept on glancing towards his vehicle anxiously. The police found this behavior highly suspicious and decided to search our client’s car. During the search, the police located marijuana, cocaine, and molly and arrested our client for possession.

When we met with our client, he explained to us that it was his primary goal to avoid a criminal record. In order to secure the best possible outcome, we identified all potential weaknesses in the case against our client before beginning resolution discussions with the Crown Prosecutor. Through negotiations with the Crown, we were able to advocate for our client’s placement in the Alternative Measures Program. As a result, once our client completed the program the charges against him were withdrawn.

Successful Result: Alternative Measures, No Criminal Record

Case Number: Calgary Provincial Court
Case Number: 551980

Our client was charged with three counts of Possession after he was stopped and searched by the police at a roadside check stop. Upon approaching his vehicle, the police reported smelling fresh marijuana. They asked our client to exit his vehicle which they then searched. During their search they found over 60 grams of marijuana and approximately $200.00 worth of pills.

After we were retained we reviewed our client’s disclosure and assisted our client with developing a plan for counseling and treatment to address his problem with drugs. We then entered into negotiations with the Crown Prosecutor and were able to successfully advocate for our client’s placement in the Alternative Measures Program. Upon his successful completion of the program, all charges against him were withdrawn.

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

Case Number: 55582479

Our client was arrested and charged with possession after he was stopped by the police for swerving and being unable to maintain the centre of the traffic lane. After our client admitted to consuming alcohol, the police took a roadside sample of our client’s breath and arrested him for impaired driving. Upon searching our client at the police station, they located a vial of cocaine in his pocket and arrested him for possession. Our client then provided a sample of his breath which was not over the legal limit, so the police did not proceed with the impaired driving charge.

Upon being retained, we immediately ordered disclosure and directed our client to attend drug and alcohol addiction counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and successfully secured his placement in the Alternative Measures Program. Once our client completed the program, the charges against him were withdrawn.

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

Case Number: 65680165

Our client was arrested after the police observed him doing a hand-to-hand transaction in an alley. When the police searched our client, they found a small container of cocaine in his pocket. Our client was charged with possession of a controlled substance.

Upon being retained, we immediately ordered disclosure and directed our client to attend drug and alcohol addiction counseling. We then negotiated with the Crown Prosecutor on our client’s behalf and successfully secured his placement in the Alternative Measures Program. Once our client completed the program, the charges against him were withdrawn.

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

Charges Discharged

Case Number: 541783

Our client was arrested for possession after staff at a bar called the police and reported that our client appeared to be in possession of drugs. The police attended the scene and looked for our client’s car in the parking lot. They located the car and found that one of its windows were partially open. Upon approaching the vehicle, the police reported smelling the scent of fresh marijuana coming from the vehicle. The police also were able to see a backpack inside the car, which they took and opened. Inside, they found our client’s identification as well as almost 30 grams of marijuana, and a large quantity of morphine pills.

Upon being retained we immediately ordered and reviewed disclosure, and directed our client to enroll in counselling and begin volunteering. After thoroughly reviewing the case against our client and negotiating with the Crown Prosecutor, we determined that the best way to ensure our client was able to avoid a criminal record would be to make a conditional discharge application. Prior to making our application we obtained proof of all our client’s counselling and took the additional step of ordering a presentence report which supported the position that our client was a suitable candidate for a discharge. With these documents we were able to successfully advocate for our desired result, and our client was able to avoid a criminal record.

Successful Outcome: Conditional Discharge, No Criminal Record

Case Number: 35380179

Our client was charged with three counts of possession of a controlled substance and one count of possession for the purpose of trafficking after the police stopped his vehicle to perform a winter tire check. The police smelled a strong odour of dried cannabis. Our client told the police that he had a medicinal license and provided an expired card. The police arrested our client and searched him, finding multiple types of drugs.

Upon being retained, we ordered and reviewed disclosure. We began negotiating with the Crown Prosecutor. We pointed out weaknesses in the case against our client. We convinced the Prosecutor to agree to one guilty plea for simple possession and withdrawal of the remaining charges. We made in-court submissions arguing that our client should receive a conditional discharge and we were successful. As a result our client was able to avoid a criminal conviction.

Successful Result: Conditional Discharge, No Criminal Record

Charges Resolved with Reduced or No Jail Time

Case Number: 762078

Our client was stopped by the police for a traffic violation. While conducting the traffic stop, the police noticed that our client was on probation and asked where our client was coming from. Our client told the police that he was coming from a bar. Our client was then arrested for breaching his probation which prohibited him from entering places where the primary purpose of the business was the sale of alcohol. After the police arrested him, they searched his vehicle and located a large amount of cash and cocaine. In the event of conviction, the Crown Prosecutor was seeking jail time.

Upon being retained we ordered and reviewed disclosure, and were able to identify several instances where our client’s Charter rights were seriously violated during the investigation. We leveraged these breaches during negotiations and were able to secure a favorable resolution for our client. Instead of jail time, our client was only given a $600 fine with time to pay.

Successful Result: No Jail Time

Case Number: 5362240

Our client was charged with possession for the purpose of trafficking on three separate occasions after controlled substances were found in his possession.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor and convinced them to accept a guilty plea to the lesser offence of possession on two of the counts. On the third count, we identified a significant breach of our client’s Charter rights and proceeded to trial. The Crown Prosecutor indicated that they would be seeking three years of jail upon conviction. We were successful in our application to have some of the evidence against our client excluded. As a result, our client was only convicted of the lesser offence of possession, and received a fine instead of jail.

Successful Result: Fine, No Jail

Case Number: 44470337

Our client was charged with 15 counts of selling drugs without a prescription, 15 counts of trafficking, fraud over $5000, theft over $5000, and breach of trust after she created false patient prescriptions while employed at a pharmacy. Our client admitted to the police that she had created the false prescriptions and that she was using the drugs for her own personal use. The Crown Prosecutor was seeking jail time.

Upon being retained we ordered and reviewed disclosure. We had meetings with our client and gathered more information about her circumstances and the circumstances surrounding the offences. We began negotiating with the Crown Prosecutor and provided more information about our client’s efforts to address her addiction issues. We leveraged this information during our negotiations and were able to convince the Crown Prosecutor and the Court to allow our client to serve her sentence by way of a Conditional Sentence Order. As a result, our client was able to serve her sentence in the community and avoid jail.

Successful Result: Conditional Sentence Order, No Jail

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