Gracia Criminal Law Firm Calgary

3rd Conviction for Sophisticated Marijuana Grow-Op – No Jail Again

  • 8 April 2015
Charge(s):

CDSA: s.7 – Production of Marijuana

Allegations:

My client was operating a sophisticated hydroponics marijuana grow operation, hidden within the walls in his basement. The operation was new and only 7 plants were seized.

Result:

Due to my client having two prior convictions on his record for marijuana grow-ops, the Crown was seeking a custodial sentence. However, the judge agreed with my submissions instead, that incarceration was not required in my client’s particular circumstances, and imposed a fine of $1000 and a period of probation, with the only condition being that he attend for some personal counseling to address an unresolved issue from his past. No jail.…

Drug Charge Withdrawn

  • 8 April 2015
Charge(s):

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

Allegations:

My client was visiting an inmate at the Drumheller Penitentiary. When passing through their scanning instruments, he was found to have had recent contact with certain drugs, including opiates and morphine. A service dog was dispatched and demonstrated interest in his pockets, so my client was searched. A subsequent search of his vehicle in the parking lot revealed a couple of grams of marijuana.

Result:

I negotiated with the federal Crown the withdrawal of this charge on the basis of the search of his vehicle being highly suspect. No criminal conviction.…

Charges Withdrawn at Prelim on Sophisticated Marijuana Grow-Op

  • 8 April 2015
Charge(s):

CDSA: s.7(1) – Production (Marijuana Grow Op), s.5(2) – Possession for the Purpose of Trafficking

Allegations:

My client was involved in a marijuana grow operation, located within one of his barns on his rural property. Police found a sophisticated grow-op, consisting of equipment, drug paraphernalia and 63 marijuana plants. He has a criminal record, which included one prior conviction for drug trafficking.

Result:

On the day scheduled for the Preliminary Inquiry, I convinced the Crown that there was insufficient evidence to warrant committing this matter to trial. He agreed and withdrew all charges against my client. No criminal convictions.…

No Jail Again for Repeat Drug Dealer

  • 8 April 2015
Charge(s):

CDSA: s.5(1) – Drug Trafficking

Allegations:

The police drove by and observed my client selling marijuana. He had five prior convictions on his record.

Result:

The Crown stayed the charge on the day of trial, upon proof of payment by my client of a $100 charitable donation. No criminal conviction.…

Drug & Weapon Charges Withdrawn

  • 8 April 2015
Charge(s):

CDSA: s.4(1) – Possession of Crack Cocaine, s.5(2) – Possession of Cannabis Resin for the Purpose of Trafficking; CC: s.354 – Proceeds of Crime, s.90(1) – Carry a Concealed Weapon

Allegations:

My client was pulled over for speeding and committing other traffic violations. The police saw a baggie containing hashish in his center console. After being arrested and searched, the police found a knife, other drug paraphernalia and some crack cocaine.

Result:

I negotiated a referral to the Federal Alternative Measures Program. My client performed 40 hours of community service work and all of the criminal charges were withdrawn. No criminal convictions.…

Drug Charges Withdrawn

  • 8 April 2015
Charge(s):

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

Allegations:

My client was pulled over while driving for some traffic violation. The police could smell fresh marijuana. He was arrested and searched. They found a total of 15 grams of marijuana, and an extensive amount of drug paraphernalia, including rolling papers, rollers, glass pipes, a bong, grinders, flavor drops, and an electric vaporizer.

Result:

He was referred to the Extra-Judicial Sanctions program, where he performed some community service hours and then the charge was withdrawn. No criminal conviction.…

Notorious Drug Dealer Gets a CSO

  • 8 April 2015
Charge(s):

CDSA: s.5(2) – Possession for the Purpose of Trafficking

Allegations:

My client was selling drugs from his parked vehicle. In addition to finding approx. 50 grams of marihuana, police also found numerous drug paraphernalia, indicative of trafficking, plus nearly $1500 cash in small bills.

Result:

The Crown was seeking a period of incarceration. He had a lengthy and related criminal record, including 25 prior convictions. He received a Conditional Sentence Order for 3 months, followed by probation for 6 months. No Jail.…

Probation for Repeated Domestic Violence

  • 8 April 2015
Charge(s):

CC: s.266 x 2 – Assault, s.264.1(1)(a) x 2 – Uttering Threats, s.267(a) – Assault with a Weapon, s.88(1) – Possession of a Weapon for a Dangerous Purpose, s.145(5) x 2 – Failing to Attend Court

Allegations:

My client was accused of inflicting harm on his wife on several occasions within the past eight years of their marriage. On one occasion, he threw a telephone at her, causing bruising and swelling to her hand. On another occasion, he hit her with a garbage can in the face and almost broke her nose. She lied to the hospital staff about what happened. After completing a 14-week domestic violence course, earlier charges were withdrawn. A few years later, following a heated argument, my client threw his wife down on their bed and held her down, threatening to kick out her teeth and shove a boot up her @%%. When she tried to leave, he body checked her into the wall and then left. One month later, again during a heated argument, while my client was verbally abusing his wife, she tried to calm him down by hugging him, he threw her down on the couch and held her down for about one minute, making threatening remarks, then lifted her off the couch, tearing her night gown in the process, and walked away into the kitchen. She followed him. He grabbed a hammer off the counter, pointed it at her and said: “I will break every bone in your body,” then hit a kettle with the hammer. She ran upstairs and locked herself in a room with their two small children and called police. She had visible bruising to her neck area. After being arrested and released, my client failed to attend court on two separate occasions.

Result:

Since he had already been given the benefit of a peace bond, that option was not available, so I negotiated a plea deal where my client would plead guilty to only one charge of assault. Instead of jail, my client received a suspended sentence, and probation for one year, with one condition that he participate in domestic violence counseling. All other charges were withdrawn.…

Assault with a Weapon and Other Charges Dropped for Counseling

  • 8 April 2015
Charge(s):

CC: s.267(a) – Assault with a Weapon, s.430(1)(a) – Mischief, s.129(a) – Resisting Arrest, s.264(2)(b) – Criminal Harrassment (repeated communication), s.264(2)(c) – Criminal Harrassment (besetting dwelling house)

Allegations:

My client and his wife had recently separated and he was having great difficulty accepting their failing relationship. While picking up some personal items, that his wife left for him, he saw her in the parking lot with their two kids. She was with her friend and her two small children too. He approached them and attempted to persuade her into reconciling their relationship. She was not interested and refused to listen to him. He became enraged and started yelling at her, forcing her and her friend and the four children to lock themselves inside the vehicle as they feared for their safety. He went to his vehicle and retrieved a tire iron, returned to her vehicle and smashed her driver’s side glass, causing minor injuries to her left arm. He fled the scene prior to police arrival, yelling to her that he would return and cause further damages to her vehicle. A warrant issued for his arrest, as his whereabouts remained unknown.His wife soon after obtained an Emergency Protection Order against my client.Three weeks later, my client attended at his wife’s residence again. She called 911, while he was at her front door, trying to talk to her and gain access inside her apartment. She barricaded the door with a dresser and took her children to a safe room. She was ferful for her safety and for the safety of her children. Police located my client inside the stairwell to the building and advised him that he was under arrest. He provided police with a different name and then tried to escape by pushing his way past the offciers and run down the stairs. He was taken into custody and handcuffed.

Result:

I persuaded the Crown to withdraw the assault with a weapon charge, in exchange for guilty pleas to the charges of mischief, resisting arrest and one count of harrassment. Given my client’s fragile emotional state, I requested a Pre-Sentence Report, as well as a Psychological Assessment. Neither report was prepared in time for the sentencing, so ratehr than adjourning, we proceeded without them. By way of penatly, he received a suspended sentence and a period of probation for 18 months, with conditions that he attend for assessment and counseling as directed in order to assist him in coming to terms with the probems in his life.…

Three-Time Drunk Driver Causing Two Accidents Avoids Jail

  • 8 April 2015
Charge(s):

CC: s.253(1)(a) x 2 – Impaired Driving, s.254(5) x 2 – Refusal to Provide a Breath Sample, s.145(5) – Fail to Attend to Identification, s.145(5) – Fail to Attend Court

Allegations:

While driving under the influence of alchol, my client was reported by witnesses to be driving erratically on McNight Blvd. weaving through traffic, trying to squeeze in between two cars and eventually colliding into the rear of another vehicle. My client then tried to drive away, but hit the other car again. The driver of the other vechile wrestled the keys out of my client’s ignition, as he believed my client to be drunk. Police arrived while EMS were attending to my client. Upon opening the side door to the ambulance, my client tried to grab a hold of the police officer’s duty belt. The officer my client reeked of alcohol and had a blank stare through glossy eyes. My client stumbled out of the ambulance, losing his balance. After placing my client under arrest, and making a breath demand, my client replied: “owwwwweeeee!” (howling like a wolf). He then told the officer that he loved him and wanted a hug, stating: “we don’t need the police.”. He was staggering, slurring and mumbling incoherent words, was repeatedly falling asleep while officers were dealing with him. He evenutally fell to the floor of his cell and passed out. A couple of months later, he failed to attend for fingerprinting and later failed to attend court as well, so warrants issued for his arrest.One year later, while driving under the influence again, my client failed to stop at a red light and collided with the rear of a van. He exited his veichle and began yelling at the female driver of the van. Upon arrival at the scene, police noted that my client was having difficulty handling his documents, was extremely unsteady on his feet and almost tripped over backwards while trying to pick up his dropped registration. He had red, glassy eyes and a strong smell of alcohol coming from his breath. Again, he refused to provide a breath sample. Police also found a crack pipe in his pocket.

Result:

My client pleaded guilty to two of the impaired charges and failing to attend court. The other charges were withdrawn. He had a prior conviction on his record for impaired driving and failing to stop at the scene of an accident. However, the Crown did not rely upon these convictions to seek a greater punishment. Nonetheless, he ought to have received a sentence involving a minimum term of imprisonment of 30 days. However, I argued a technical legal principle from the Supreme Court and the Court did not impose any jail. Instead, my client was ordered to pay a total of $3600 in fines, with 16 months time to pay.…

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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