Gracia Criminal Law Firm Calgary

Charges Withdrawn for Theft from Mail

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft

Allegations:

My clients kept a package that was delivered to their residence, but intended for their former tenant. They opened it and took the contents, including: cash, clothing, food, electronics, photographs and other items.

Result:

I negotiated a referral to the Alternative Measures Program for both clients. Upon payment of a small charitable donation, the charges against both of them were withdrawn. No criminal convictions.…

Charges Dropped in $122,000 Fraud

  • 15 April 2015
Charge(s):

CC: s.380(1)(a) – Fraud over $5000; WCA: s.152(1) – Providing False or Misleading Information

Allegations:

My client was accused of providing false information to the Worker’s Compensation Board regarding her inability to work, following an historical event, which occurred at her workplace. WCB was seeking compensation in the amount of nearly $122,000.

Result:

This matter was destined for a judge and jury trial. On the eve of a week-long Preliminary Inquiry, the Crown stayed all charges (withdrawn). No compensation required. No criminal convictions.…

Theft Charge Withdrawn at Trial

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft

Allegations:

My client and her friend were caught with a sweater that had been stolen from the lockers at the local pool. Both accused the other of taking it.

Result:

My client refused the Crown’s offer to divert her to the Extra-Judicial Sanctions program, insisting on her innocence. On the day of trial, the Crown withdrew the charge. No criminal conviction.…

$50 fine for 6th Theft Conviction

  • 15 April 2015
Charge(s):

CC: s. 334(b) – Theft under $5000

Allegations:

My client was recognized by a loss prevention officer as she entered the store. She was observed to place several items inside her bag and then exit the store without paying.

Result:

She had several prior convictions, including 2 frauds, one impersonation, and 3 thefts. Ordinarily this additional conviction would have resulted in a period of incarceration. However, I was able to negotiate a mere fine of only $50.…

CSO on Massive Grow-Op

  • 15 April 2015
Charge(s):

CDSA: s. 7(1) – Production of Marijuana in Excess of 3 kg., s. 5(2) – Possession of Marijuana for the Purpose of Trafficking, s. 4(1) – Possession of Marijuana; CC: s. 326(1)(a) – Theft of Electricity, s. 334(b) – Theft of Water.

Allegations:

My client was house-sitting a residence where an elaborate marijuana grow operation was occurring. The police found nearly 2000 marijuana plants, with an estimated value of almost 2.5 million dollars.

Result:

After a Preliminary Inquiry, and on the eve of a Judge and Jury Trial, the Crown offered a CSO (conditional sentence order), which my client accepted. He was placed on probation for a period of 18 months, with a curfew for the first 12 months. No jail.…

Prolific Thief Avoids Jail on 45th Conviction!

  • 15 April 2015
Charge(s):

CC: s.334(b) – Theft

Allegations:

My client attempted to steal a bag full of booze from a liquor store, was apprehended by the clerk, who removed the liquor from him, then he grabbed a large bottle of vodka and ran out the door. In the process, he dropped his wallet and was easily identified and apprehended.

Result:

Because he had 44 prior criminal convictions, and he had only just turned 18 years of age, the Crown was seeking a custodial sentence. After some negotiations, my client received a suspended sentence, instead, with probation for a period of one year.…

Discharge for Using a Stolen License Plate Again

  • 15 April 2015
Charge(s):

CC: s.355(b) – Possession of stolen property

Allegations:

My client stole a license plate and got a photo radar ticket with the stolen plate on the back of his car, on the same day that it was stolen. He also incurred additional tickets on that same stolen plate. Several months later, he crashed his car and abandoned it. The police found him at home, shortly thereafter, and he was clearly intoxicated. The stolen license plate was found inside his crashed vehicle. He lied to the police about finding it recently in a car wash and just not having had the time to turn it in yet. He had previously been referred to alternative measures for stealing a different license plate as well. He ran the first part of his trial without counsel, then hired me because he was going to be convicted and the Crown was seeking a jail term.

Result:

I negotiated a plea deal to avoid jail time. After presenting lengthy arguments, the judge very reluctantly granted a conditional discharge, with a charitable donation. No criminal conviction!…

Charges Withdrawn on Fraudulent Driver’s Licence

  • 15 April 2015
Charge(s):

CC: s.380(1)(b) – Fraud, s.368(1)(a) – Uttering a Forged Document

Allegations:

My client obtained a driver’s license and claimed that he was not under suspension. Later, they discovered that he had another driver’s license, under a different name, and that he had seven outstanding suspensions. He had a very lengthy criminal record and was not entitled to drive.

Result:

On the day of trial, the Crown called no evidence and all charges were dismissed. No criminal convictions.…

Fine on Trust Theft – B&E Charge Withdrawn

  • 15 April 2015
Charge(s):

CC: s.348(1)(a) – Break and Enter with Intent to Commit an Indictable Offence, s.334(b) – Theft

Allegations:

My client broke into the place where he used to work and stole approximately $1000 worth of materials. He was observed by several employees to do this in their presence. When police spoke to him, he denied even being there.

Result:

After the pre-trial conference, a deal was negotiated, whereby he would plead guilty to the theft only. Despite having a lengthy and related record, he received only a fine for the theft, and the Break and Enter charge was withdrawn.…

Repeat Offender Gets Only 4 Months for 6th Impaired Conviction

  • 15 April 2015
Charge(s):

CC: s.253(1)(a) – Impaired driving, s.253(1)(b) – Driving with blood alcohol level over .08%, s.254(3)(5) – Refusal to provide a breath sample.

Allegations:

My client was down from Cold Lake to spend time with family and to attend the annual Tsuu Tina Pow Wow. At 3:00 am, he was observed by police to be driving his pick up truck erratically. The police attempted to pull him over. He slowed down and pulled over onto the shoulder initially, but then sped up again. The police pursued him at a high rate of speed, with the emergency lights activated and air horn engaged. He eventually pulled over and was stopped by two police vehicles. He was extremely intoxicated and police observed open beer in the vehicle. There were warrants for his arrest relating to impaired driving charges from 2 months prior, as well as failing to attend court.

Result:

My client has a very long and related criminal record, which includes serving a combined total of 85 months in prison (just over 7 years), since 1988. His most recent conviction was for impaired driving, dated one month prior to this incident. This was his 6th impaired driving conviction. The Crown was initially seeking 6 to 9 months, but I negotiated them down to only 4 months, which is the statutory minimum for a 3rd conviction. This being his 6th impaired, he got a sweet deal.…

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