Gracia Criminal Law Firm Calgary

Breaches of an Ontario Matter Withdrawn

  • 8 April 2015
Charge(s):

CC: s.145(5.1) – Fail to Comply with Undertaking, s.145(5) – Fail to Attend Court

Allegations:

My client was released on an undertaking to a Peace Officer, in relation to charges in Ontario. After getting pepper sprayed in relation to an incident in Calgary, CPS discovered that he was bound by these terms of release, one of which was a requirement to carry a copy of his conditions at all times. Police also discovered that the Ontario matters were at warrant status for failing to attend court as directed.

Result:

Given that the Crown would most likely be unable to prove these charges, as they stem from Ontario, I tendered pleas of “not guilty,” and scheduled both matters for trial. Within a short time, the Crown sent me a letter, indicating that they were withdrawing both charges. No criminal convictions.…

Violent Offender Gets Probation Again for Attacking Police While on Release

  • 8 April 2015
Charge(s):

CC: s.270(1)(a) – Assault Peace Officer, s.129(a) – Obstruct Peace Officer, s.264.1(1)(a) – Uttering Death Threats, s.733.1(1) – Breach Probation

Allegations:

My client was observed by police to be acting beligerantly with security staff at the Drop-In Centre. The police intervened and tried to get him to leave. My client, who was extremely intoxicated, began to fight with the police and threatened to kill them, as well as several D.I. patrons. He was swearing, yelling, spitting and acting completely out of control, so the police tasered him a couple of times. He had just been released from custody that day for other violent offences, including assault causing bodily harm. He was also bound by a probation order.

Result:

He received a sentence of time served in pre-trial custody, followed by another probation order, requiring him to attend for residential treatment for his alcohol addiction and other personal issues.…

Serious Violent Offender Gets Probation and Charges Withdrawn

  • 8 April 2015
Charge(s):

1) CC: s.267(B) – Assault Causing Bodily Harm; 2) Assault with a Weapon x 2, Possession of a Weapon for a Dangerous Purpose, Breach of Undertaking x 2.

Allegations:

My client had two separate sets of charges. First, my client admitted to punching and kicking the victim to the point of unconsciousness. Then, five days later, while on release for the first offence, he attacked two other people, by striking them in the head with a rock inside a sock, knocking one unconscious and sending both to the hospital.

Result:

Regarding the first offence, he pleaded guilty and received a sentence of time served (42 days) in pre-trial custody, followed by a period of probation. Considering his criminal record, the Crown was seeking a lengthier period of incarceration. Regarding the second set of charges, he pleaded “not guilty.” The victims were unable to be located for the purpose of serving them with a subpoena to attend the trial. Consequently, all charges were withdrawn.…

Crack Dealer gets a CSO

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of trafficking (crack cocaine), s.4(1) – Possession (Marijuana); CC: s.354: Proceeds of Crime, 129(a) – Resisting arrest, 145(2)(a) – Failure to Attend Court.

Allegations:

My client was selling crack cocaine in a back corner of the Cecil Tavern. A search incident to arrest revealed that he had some marijuana on his person, as well as a total of 49 rocks of crack cocaine. He was combative with police during his arrest. He subsequently failed to attend court and a warrant for his arrest issued.

Result:

The Crown was initially seeking a custodial sentence in the range for a penitentiary term of imprisonment. He ended up receiving a conditional sentence order for 18 months, with conditions including house arrest for 6 months. No jail.…

Two Weeks for Multiple and Repeated Breaches

  • 8 April 2015
Charge(s):

CC: s.137 x 8 – Breach of Youth Court Order, s.145(3) x 18 – Breach of Recognizance, s.811 – Breach of Court Order, s.334(b) – Theft

Allegations:

My client repeatedly breached numerous conditions of several different court orders.

Result:

The court refused to release him again after the last set of breaches. He got out with time served (2 weeks) and a global fine of $500.…

Charges Withdrawn in Violent B&E and Assault with a Butcher Knife

  • 8 April 2015
Charge(s):

CC: s.348(1)(b) – Break & Enter and Commit Indictable Offence, s.127 x 2 – Disobey Court Order, s.267(a) – Assault with a Weapon

Allegations:

My client attended at her estranged husband’s residence, where he was having dinner with their 3 children and the new nanny. There was a restraining order in place to prevent her from having any contact with him. She was extremely upset and had tried to kill herself. Despite being told to leave repeatedly, and refusing to do so, she managed to storm into the house. She was quickly forced back out and left, only to return shortly thereafter, when she eventually managed to kick in the front door and gain entry. The kids were told to hide in the basement, while he tried to prevent her from getting to them. She ran to the kitchen, pulled out a butcher’s knife and tried to stab him. His son, grabbed a bayonet and was about to stab her with it, when his father wrestled the knife away from her. He then picked her up and threw her off the deck, whereupon she sustained some injuries. After laying unconscious on the ground for a while, she got back up and again tried to kick in the door while yelling and screaming. They held the door shut and barricaded it closed until the police arrived.

Result:

The Crown was seeking a custodial sentence. However, on the day of trial, and after extensive negotiations, the Crown entered a stay of proceedings on all charges, resulting in no criminal convictions.…

Drunk Driver Avoids Jail Again

  • 8 April 2015
Charge(s):

CC: s.254(2) – Refusal to Comply with a Breath Demand, s.259(4) – Drive While Disqualified, s.145(2)(a) x 2 – Fail to Attend Court

Allegations:

My client was pulled over after being observed pulling out of the parking lot of a bar at 2:30am, with a car full of drunk people. Her licence was suspended 3 months earlier for impaired driving conviction. She refused to provide a sample of her breath into a roadside screening device. She then failed to attend court twice.

Result:

On the day of trial, the Crown agreed to withdraw the refusal charge. My client pleaded guilty to driving while disqualified and one failure to attend court charge. The Crown was seeking 2 months jail. Instead, my client received fines totaling $850, with 8 months time to pay. No jail time.…

Repeat Suspended Driver Gets 14 days

  • 8 April 2015
Charge(s):

CC: s.249(4) – Drive while Disqualified, TSA: s.94(2) – Drive while Unauthorized, CC: s.145(5) – Fail to Attend Court.

Allegations:

My client’s licence was suspended for an impaired conviction. A few months later, he was caught driving again. He had a long and related record, meaning that he has done this before. The Crown was initially seeking a period of jail for 30-60 days.

Result:

He received a sentence of 14 days, which he was able to serve on weekends only. That way, he could maintain his employment and not suffer any financial prejudice.…

Repeat Offender Gets Lenient Sentence for B&E and Assault While Unlawfully At Large

  • 8 April 2015
Charge(s):

CC: s.266 – Assault, s.733.1(1) – Breach Probation x 4, s.145(1(b) – Escape Custody / Unlawfully at Large x 3, 145(3) – Breach Recognizance x 10, s.348(1)(a) – Break and Enter a welling house with Intent to Commit an Indictable Offence, s.129(a) – Obstructing a Peace Officer.

Allegations:

My client failed to present himself, on three separate occasions, to the correctional facility where he was required to be a serving inmate on weekends. He was also on probation for prior convictions. He broke into his ex-girlfriend’s house, assaulted her, and breached the conditions of several Court Orders, including violating the terms of his release numerous times.

Result:

He pleaded guilty to some of the breaches, the UAL’s and to the amended charge of being Unlawfully in a Dwelling House (instead of B&E). In the end, he received a jail sentence of only 90 days, minus the cumulative time he spent in pre-trial custody. Considering his lengthy criminal record, the input from the victim, and a negative pre-sentence report, this was a very lenient sentence. All other charges were withdrawn.…

Charges Withdrawn for Death Threats and Misleading Police

  • 8 April 2015
Charge(s):

CC: s.264.1(1)(a) – Uttering threats, s.137 x 3 – Breach Youth Court Order, s.129(a) – Obstruct Police Officer by giving a false name, s.145(2)(a) – Fail to Attend Court.

Allegations:

My client was on probation for other offences when she attended at a party one night, in contravention of her conditions, and threatened to stab someone with a knife. She then lied to the police about her name when they arrested her.

Result:

All charges withdrawn on day of trial. No criminal convictions.…

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