Gracia Criminal Law Firm Calgary

Child Porn Charges Withdrawn for Peace Bond, instead of Mandatory Minimum Jail Sentence

  • 4 June 2015
Charge(s):

CC: s.163.1(3) – Distribution of child pornography, s.163.1(4) – Possession of child pornography, s.163.1(4.1) – Accessing child pornography.

Allegations:

A member of the Lethbridge Regional Police Service, assigned to the Southern Alberta Internet Child Exploitation (ICE) Unit was conducting an online investigation into the distribution of child pornography images on Peer to Peer networks. Following a complex investigation, and forensic computer analysis, it was determined that my client was accessing, in possession of, and was making available several child pornography files.

Result:

On the day of trial, the Crown Prosecutor offered to resolve the matter by way of a Peace Bond, and my client accepted. These charges are enormously difficult to defend against, and the mandatory minimum sentence for these 3 charges, when proceeded by indictment, is a combined minimum of 2 years in prison. However, in these circumstances, my client simply agreed to abide by certain conditions for a period of one year, and all of the criminal charges were withdrawn that same day. No criminal convictions.…

Charge Withdrawn in Domestic Assault Against Daughter

  • 4 June 2015
Charge(s):

CC: s. 266 – Assault (domestic)

Allegations:

Police were notified by Child and Family Services that my client’s 11 year-old daughter reported to them that my client assaulted her the day prior. She told police that my client was angry with her and was trying to physically discipline her, so she was hiding behind her sister on her bed. Her sister was upset, crying, and asking him to stop. He reached around her, hit her once on her arm. He then pulled her out of the bedroom by her wrist and by her hair, and dragged her half way down the hall before letting her go, causing her to hit her head on the floor. He then hit her on her arm and side with the top of an open bottle of water, causing the water to fall out. He then got his shoes on and left, saying that he was going to kill himself. That night, she had trouble sleeping. She felt dizzy and vommitted twice throughout the early morning, believing that she might have suffered a concussion. My client had a dated but related record, consisting of prior convictions for offences, such as possession of an offensive weapon and assault.

Result:

The day before the scheduled trial date, the Crown directed Stay of Proceedings. The charge was effectively withdrawn. No criminal conviction.…

Jail Avoided in Vicious 2×4 Beatings

  • 4 June 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon x 2, s.266 – Assault

Allegations:

My client first assaulted someone at a drunken house party. Then, soon after, my client and her brother attacked this same victim, as well as her husband, using 2×4’s. Both victims suffered serious injuries to their bodies, heads and faces. My client had previous history of violence, including one prior conviction for assault.

Result:

After trial, my client was only convicted of one of the three charges. The Crown was seeking a period a incarcertion. I argued that while, jail was appropriate in the circumstances, it was not contrary to the public interest for it to be served in the community. The judge agreed and sentenced my client to a Conditional Sentence Order for 6 months, followed by a period of probation for another 12 months. No jail.…

Trust Fraud Results in rare CSO, instead of Jail

  • 4 June 2015
Charge(s):

CC: s. 380(1)(a) – Fraud over $5000

Allegations:

Over a period of 9 months, my client defrauded her employer of over $23,000 by falsifying the hours worked by herself as well as her husband. As a manager, she was entrusted to submit accurate overtime hours worked by the employees within her department. This crime was only was discovered after her husband called to inquire about a T4 slip that he received. He denied having worked at all during the timeframe in question. My client had also changed his banking details, so that his paychecks would be depositted directly into her own account, without his knowledge. This triggered a full internal investigation, which resulted in her termination and a criminal charge. When confronted by the president of the company, my client provided a full confession, which was recorded.

Result:

Following extensive resolution negotiations with the assigend Crown, my client received a Conditional Sentence Order. This is a highly unusual and extremely lenient sentence for this type of offence. Normally trust thefts, in this range, result in a jail sentence of approximately 1 year. In fact, soon after this offence date, the Criminal Code was amended to prevent trust frauds from qualifying for a CSO. Now, any person convicted of a trust fraud over $5000 is certainly facing a significant period of incarceration.…

Gas Station Robbery Charge Withdrawn

  • 4 June 2015
Charge(s):

CC: s.344 – Armed Robbery

Allegations:

My client admitted to police that she helped her boyfriend to rob a gas station at knifepoint. She scoped out the location in advance and provided information about the number of employees, etc. Her boyfriend wore a a black hoodie, bandana, sunglasses and gloves, while he robbed the gas station, using a large hunting knife. He got away with cash and cigarettes. Both of them were arrested the next day.

Result:

I negotiated for my client’s charge to be diverted out of the criminal justice system and into the Extra-Judicial Sanctions program. Upon successfully completing a number of community service hours, her charge was withdrawn. No criminal record.…

Drunken Rampage and Assault Police Officer Charges Withdrawn

  • 4 June 2015
Charge(s):

CC: s.270(1)(a) – Assault Police Officer, s.129(a) – Resist Arrest

Allegations:

My client was severely intoxicated and caused a disturbance at a nice hotel. Security was called to the lounge, where my client had thrown some bar stools and was being loud and beligerant with staff members and other patrons, after being refused service. My client then attempted to engage security in a fight by taunting them and making derogatory comments. My client left the area and returned to his room. Moments later, security received another complaint tht my client had pushed some teenagers in a hallway and their parents were upset. Security confronted my client at his room, where he tried to slam the door on them and then hid in the bathroom. At this point, the RCMP were called to assist in removing him from the premises. My client then tried to start another fight with security before running away. RCMP officers assisted security in locating my client, who was hiding in a backspace near the elevators. He was talking to himself and hitting the elevators with his elbows. Police arrested him, placed him in handcuffs and, while in the process of escorting my client out of the building, my client dropped his weight to the floor, tripping and pulling the officers down with him. One officer fell on his back and the other officer fell on top of my client. My client continued to resist and to swear at the officers during his arrest processing at the police station.

Result:

I negotiated a referral to the Alternative Measures Program on the resist arrest charge only. My client was required to write letters of apology to the hotel and to the police, as well as to make a charitable donation of $100 to the local food bank. All charges were withdrawn. No criminal record.…

Shoplifting Charge Withdrawn

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole some children’s clothing from a department store.

Result:

I negotiated a diversion to the Alternative Measures Program. After making a small charitable donation of $200 and writing a letter of apology to the store, the criminal charge was withdrawn. No criminal conviction.…

Prolific Thief Gets Away with Stealing a Large Plasma Television

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft Under $5000

Allegations:

My client stole a 51” Samsung Plasma TV from The Brick. A store employee recognized my client a few days later at a local drug store and tried to detain him with his friend as the police were called, but my client got away. The employee told police that my client picked up this large, heavy television, still in its box, and ran through the store to the warehouse bay door to a waiting car. The employee gave chase to the car, but they got away. A few days later, my client was arrested in a different stolen vehicle.

Result:

This matter was scheduled for trial. My client is disabled and incapable of lifting such a large and heavy television, let alone capable of running with it in his arms. I obtained from my client’s doctor a large volume of medical records supporting this theory. In addition, my client’s friend, who is currently a serving inmate at the Drumheller Penitientiary, provided a statement to police, wherein he alone accepted full responsibility for the theft. Despite serious doubts, and despite my client’s lengthy and related criminal record, which includes approximately 30 convictions, many of which are for thefts, frauds and robberies, the Crown conceded that in the circumstances there was no reasonable likelihood of a conviction and agreed to withdraw the charge. No criminal conviction.…

Break and Enter Charges Reduced to Mischief and a Discharge

  • 15 April 2015
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations:

My client and a couple of other youths stole a key to their school from a teacher. They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result:

On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.…

B&E and PSP Charges Withdrawn

  • 15 April 2015
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.355(b) – Possession of Stolen Property

Allegations:

My client and a couple of other youths stole a key to their school from a teacher. They broke into the school and rummaged through numerous classrooms, stealing a few items.

Result:

On the day of trial, I persuaded the Crown to withdraw the B&E charge and accept a plea to only the PSP charge. My client was granted a conditional discharge. After completing 20 hours of community service, the criminal charges will be withdrawn. No criminal record.…

Gracia Criminal Law Firm Calgary
Gracia Law Firm
100, 111 - 5th Avenue SW Calgary, Alberta T2P 3Y6
Phone: (403) 975-4529 URL of Map

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