Gracia Criminal Law Firm Calgary

Time Served & Probation for Multiple High Speed Chases & Stolen Property

  • 8 April 2015
Charge(s):

CC: 129(a) – Obstruct Peace Officer, s.334(b) – Theft x 2, s.249.1(1) – Fail to Stop Motor Vehicle in order to Evade a Peace Officer, s.430(1)(a) – Mischief, s.355(b) – Possession of Stolen Property – s.145(5) Fail to Attend Court x 3; TSA: s.53(1)(b) – Display unauthorized licence plate x 2, s.54(1)(a) – Drive without Insurance, s.94(2) – Drive while unauthorized x 3; s.166(2)(c) – Fail to Remain Stopped until Permitted to Leave by Peace Officer – PTA: s.2(1)(a) – Trespassing.

Allegations:

After having served numerous months in prison for engaging the police in a high speed car chase with his five year-old son as a passenger, my client became homeless, jobless and alone, surviving on the streets by stealing and squatting in other people’s property. After stealing gasoline, my client was pursued by the police. He initially pulled over, but then accelarated as the police officer approached his vehicle. The officer gave chase, but my client got away. 30 minutes later, the police caught up to him and again, he escaped after a high speed chase. My client had warrants for his arrest, he had no insurance and his license had been suspended for failing to pay child support. While on release for these offences, he stole a camping trailer, in order to have a place to live. Again, while on release, the police tried to detain my client for driving a vehicle with a license plate that belonged to a different vehicle. My client initially pulled over, but then sped away when the officer approached his window, causing the officer to run after the vehicle. He then engaged the police in a high speed chase, resulting in his escape, only to be tracked down and arrested shortly therafter. Again, while on release, my client continued to drive while unauthorized and with a licence plate that belonged to a different vehicle. He also failed to attend court on a few occasions. The final incident which caused him to remain detained until disposition is that he was found living inside someone’s camping trailer within the grounds of the storage facility. When the owner went to check on her trailer, she noticed that someone appeared to living inside. The police located my client hiding in the bathroom at the rear of the trailer. My client confessed to all of his crimes during police interviews.

Result:

A Pre-Sentence Report and a Psychological Assessment were completed prior to sentencing. He was sentenced to one day, no warrant of committal, taking into account nearly four months of pre-trial custody, followed by a period of probation for 18 months. He was also required to pay several fines in relation to the traffic safety offences.…

Community Service Hours for Extensive Graffitti

  • 8 April 2015
Charge(s):

CC: s.430(1)(a) – Mischief x 7, RSA: s.41(1)(1) – Trespassing on Railway Property

Allegations:

My client spray painted a number of property items around Calgary, including a fence, cement barriers, and a bridge. One year later, he was caught on CPR property in rural Alberta, having spray painted several railway cars on different occasions.

Result:

My client received a suspended sentence and probation for a period of one year, with a condition that he perform community service hours by assisting the City of Calgary to remove grafitti around the city. The Crown was initially seeking restitution in an amount exceeding $15,000. No restitution was ordered.…

Violent Man Gets 3 Months & Probation For Tormenting Girlfriend

  • 8 April 2015
Charge(s):

CC: s.348(1)(b)/266 – Break and Enter and Commit Assault, s.266 – Assault, s.264.1(1)(a) – Uttering Death Threats, s.430(1)(a) – Mischief; PAFVA: s.13.1(1)(a) x 12 – Breach of Emergency Protection Order.

Allegations:

My client had just gotten out of jail, after serving a two-month sentence for assaulting his girlfriend. He went straight to her residence, contrary to the provisions of an Emergency Protection Order. A physical altercation ensued, during which he forced her to the floor, took the phone from her, ripped her hair out and punched her in the face several times. He threatened to kill her if she tried to call the police. She calmed him down. He then left to meet up with a friend to do some business. While he was out, she called 911. He returned shortly thereafter. She locked herself in the bathroom. He kicked in her front door and found her to be on the phone with the police, so he fled the residence, vowing to kill her, as he fled. She suffered numerous injuries. He had also assaulted her the year before and threatened to burn down her entire apartment building. She has an ongoing fear that he will in fact kill her. Two days later, he showed up at her front door and was trying to get in. She did not respond. Instead, she called 911 again. While waiting for the police to arrive, he sent her numerous sexual messages, followed by threatening text messages, including the following words: “I’ll be waiting for you in the darkness when you leave to go to work. I’m going to knock you right the fuck out and drag your lifeless body into my world. I hate you with a passion…Hope you’re ready to die, you greedy fucked slut. See you in the morning. I’m gonna smash your fucking brains in, pull your dead corpse back upstairs and take everything you have. You’re dead as soon as you come outside!!! DEAD!!! You ruined my life…I can’t wait to ejaculate over your dead body. You’ve got me out on the streets for the last time. I’m gonna make sure you lose everything.” He was arrested later that day. While in the Remand Centre, he attempted to contact her at least 10 more times.

Result:

In advance of the trial date, I persuaded the Crown to withdraw the B&E charge, and to agree to time served (3 months), followed by probation for one year, with a focus on mental health counseling. The judge refused to accept the joint proposal and sentenced him to an additional 3 months, followed by probation for 18 months. My client had a lengthy and related criminal record, including two prior convictions for assaulting and threatening to kill the same victim.…

Dangerous Driving Charge Reduced to a Ticket

  • 8 April 2015
Charge(s):

CC: s.249(1)(a) – Dangerous Driving

Allegations:

My client was driving one vehicle, while his friend was driving another. Both vehicles contained numerous other friends. They were driving fast through back alleys around their neighbourhood, following each other closely and causing people to jump out of the way. The alleys were very wet with numerous puddles of muddy water. A young mother was walking down the alley, holding her new born baby in her arms, when my client and his friend drove toward her, at a high rate of speed, and deliberately splashed her – twice. She and her baby were completely soaked with dirty water. As the vehicles continued driving, passengers in the second vehicle were hanging out of the window, pumping their fists, yelling “yes!”

Result:

Close to the day of trial, I persuaded the Crown to agree to resolve this matter by way of a guilty plea to a separate offence of “stunting,” under the Traffic Safety Act. The penalty consisted of only a $500 fine and 3 demerits. No criminal conviction.…

No Jail for Violent Attack on Girlfriend and Car Chase Hit & Run

  • 8 April 2015
Charge(s):

CC: s.252(1)(b) – Hit and Run, s.266 – Assault, s.249(1)(a) – Dangerous Driving

Allegations:

My client met with his ex-girlfriend and her friend in a parking lot. He became enraged with her, swore at her and threatened her, then punched her in the face several times through her car window. When her friend tried to drive away, he pursued them in his truck, initially blocking their path, then chasing after them and overtaking them at a red light. When they tried to escape, by driving away in reverse, he chased after them, also in reverse, smashed into the front end of their vehicle, and then fled the scene.

Result:

On the day of trial, the complainant showed up, so he changed his plea to guilty on the assault and hit and run charges. The Crown withdrew the more serious dangerous driving charge. He paid a fine for his actions, compensated the owner of the vehicle for the cost of the insurance deductible and was placed on probation for one year. No jail.…

Drug Charge Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of a Controlled Substance

Allegations:

My client was pulled over for rolling through a stop sign while turning right, and then speeding through a playground zone. While dealing with my client, the police could smell marijuana. My client admited to being in possession of marijuana.

Result:

My client was referred to the Alternative Measures Program and the criminal charge was withdrawn, after he completed 30 hours of community service. No criminal conviction.…

No Jail for Suspended Driver Following 5th Impaired Conviction

  • 8 April 2015
Charge(s):

CC: s.259(4) – Drive While Disqualified and TSA; s.94(2) – Drive While Unauthorized

Allegations:

My client was caught driving while his operator’s license was suspended due to an impaired driving conviction, entered almost 12 months earlier. Because it was his 5th impaired driving conviction in the past 20 years, he was prohibited from operating a motor vehicle for 3 years.

Result:

The Crown was seeking a substantial period of incarceration and a further driving prohibition of 5 years. The standard penalty for this offence is for a period of incarceration, even for a first offence. However, the judge agreed with my submissions instead, that incarceration was not required in my client’s particular circumstances, and imposed a $2000 fine and the minimum driving prohibition of 3 years. After 12 months, he will again be eligible to drive with an alcohol ignition interlock device. No jail.…

Charges Withdrawn on Subsequent Impaired Hit and Run

  • 8 April 2015
Charge(s):

CC: s.259(4) – Driving while Disqualified, s.252(1)(B) – Hit and Run; TSA: s.167(A)(A) – No Licence, s.115(2)(B) – Careless Driving, s.167(1)(C) – Fail to Produce Insurance, s.54(1)(A) – Drive with no Insurance, s.94(2) – Drive while Unauthorized.

Allegations:

My client was a suspended driver due to an Impaired/Refusal conviction. While driving his vehicle, he lost control and slid into a parked vehicle. He failed to remain at the scene and drove away without making any attempt to contact the owner. This was observed by 5 witnesses.

Result:

After resolution discussions with the Crown, all charges and tickets were withdrawn. No criminal convictions.…

Meth Dealer Had a Good Defence but Counsel Had to Withdraw

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking (meth), s.5(2) – Possession for the Purpose of Trafficking (marijuana); CC: s.354 – Proceeds of Crime, s.90(1) – Carrying a concealed weapon (baton), s.86(2) – Contravention of Storage Regulations (Ammunition), s.88(1) – Possession of a Weapon for a Dangerous Purpose (baton); TSA offences (no insurance, no license, plate improperly secured).

Allegations:

My client was pulled over for not having his license plate properly secured. While looking in a bag for his registration, the police noticed a large bag of marijuana. Search incident to arrest revealed a bag full of other items in support of drug trafficking (a large bag of meth, a weigh scale, baggies, cash, a collapsible baton, 5 cell phones and a box full of ammo for a 9mm handgun). Moreover, the phones were ringing during his arrest with numerous people seeking what police believed to be drugs.

Result:

My client had a strong defence that would have secured for him an acquittal on all charges. Unfortunately, due to ethical considerations, I was forced to seek to be removed as counsel of record on the day of trial. He will need to obtain new counsel to assist him with his defence at a new trial date. The Crown was seeking 3 or 4 years in jail. He would most likely have been found “not guilty” on everything.…

Drunk Driver Crashes Through Neighbours’ Property – Charges Withdrawn

  • 8 April 2015
Charge(s):

CC: s.430(1)(a) – Mischief over $5000, TSA: s.115(2)(b) – Careless Driving, s.69(1)(a) – Fail to Remain at the Scene of an Accident.

Allegations:

My client lost control of his vehicle and drove through a gate and a fence, knocking over fence posts and trees and taking out a shelter for some mailboxes. He abandoned his vehicle in a ditch because it was disabled. The police investigated and found him at home. He smelled strongly of alcohol.

Result:

All charges were withdrawn after he repaired the damages. No 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

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