Posts Tagged ‘Charges Withdrawn’

Theft Charge Withdrawn

Posted in Criminal Cases (Non-Driving)

Client contacted by police and advised of warrant for her arrest for an alleged theft that was caught on camera – Arranged for Client to surrender herself to police – At bail hearing Crown agrees to withdraw charge and client released unconditionally – No Criminal Record.

Charges Withdrawn for Possession of Property Obtained by Crime and Possession for the Purpose of Trafficking

Posted in Criminal Cases (Non-Driving)

Drugs and stolen property found in client’s apartment after police search apartment when responding to an unrelated call – Crown agreed that search of apartment was illegal and a breach of Client’s right under section 8 of the Charter to be free from unreasonable search and seizure. Crown agreed that there was a good chance evidence of drugs and stolen property would be excluded at trial – All Charges withdrawn by Crown after client completes some community service – No Criminal Record.

Breath Test Charges Stayed

Posted in Criminal Driving Cases, Refusing to Provide a Breath Sample

My client was charged with Refusing to Provide a Breath Sample at the side of the road.  The police stopped M.F.’s vehicle after seeing it mount the curb as it made a turn.  The police could smell alcohol on my client’s breath and demanded that he do a roadside breath test.  My client made several attempts to provide a sample but none registered and the officer thought my client was screwing around and arrested him for Refuse.  He was then taken to the police station where the police held him for several hours because they thought he was being belligerent.  Prior to the trial, I filed an Charter application alleging that my client’s right to be free from arbitrary detention was violated because there was no need for him to be taken to the police station and held for several hours.  On the morning of trial, I spoke to the Crown who decided not to oppose my application and stayed the charge against my client.  For my client, this result meant the same thing as an acquittal or a withdrawal of the charge.

Failure to Remain Charges Withdrawn

Posted in Criminal Driving Cases

F.M. contacted me after receiving a call from police who were investigating an incident in which a vehicle registered in his name hit a parked car late at night.  Both vehicles sustained serious damage and F.M.’s vehicle was then driven to his home.  The police attended the home shortly after the accident occurred and knocked on the door but no one answered.  They suspected that F.M. had been driving impaired and had not remained on the scene of the accident in order to avoid being charged.  The following day, I attended the police station with my client and the police tried to get him to give a statement.  My client exercised his right to silence and the police subsequently charged him with Failing to Remain at the Scene of a Collision (7 demerit points), Careless Driving (6 demerit points) and Operate Unsafe Motor Vehicle, all under the Highway Traffic Act.  At Provincial Offences Court, I convinced the prosecutor that they would have a very difficult time proving that my client was the driver of the vehicle.  The prosecutor ultimately agreed to withdraw the Fail to Remain and the Careless Driving and my client entered a guilty plea to the Operate Unsafe Motor Vehicle.  He received a fine and no demerit points.

Drug and Resisting Arrest Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving), Drug Charges

After a long night of drinking at a bar, N.G. was staggering home when he was approached by the police who, after speaking with my client, gave him a ticket for being intoxicated in a public place.  My client was upset by this and spat in the officer’s face.  This in turn upset the officer who attempted to arrest N.G.  An altercation ensued and my client was ultimately arrested and charged with Assault Resist Arrest as well as Possession of a Controlled Substance since they found marijuana in his pocket.  My client admitted to me that he had issues with alcohol and agreed to go for treatment.  He also participated in a drug diversion program in return for having the Possession charge withdrawn.  I was then able to convince the Crown that my client was addressing his problems and that he was a good young man with a bright future.  The Crown ultimately agreed to withdraw the assault charges against my client in return for him doing some community service. [CHARGES WITHDRAWN][NO CRIMINAL RECORD]

Convenience Store Owner Assault Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving)

My client ran a convenience store and was concerned with a particular group of kids that he felt was stealing from him.  One day he confronted a young girl about this in the store.  A short while later, the police showed up and arrested my client for Assault.  The girl had gone home and told her mother that my client had yelled at her and tripped her as she exited the store.  After negotiations with the Crown, it was agreed that the Crown would withdraw the charge against my client in return for him entering a peace bond for one year with the condition that he not communicate or have any contact with the girl.

Entertainment District Assault Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving)

My client was charged with several counts of Assault and Assault Bodily Harm stemming from a brawl that occurred at a club in the entertainment district.  After a meeting with the Crown prosecutor and a judge where I argued that the Crown would have a very difficult time proving the charges against my client considering the chaotic scene at the club and the alcohol involved, the Crown agreed to withdraw the charges against my client in return for him entering into a peace bond requiring him to stay out of downtown Toronto for one year.  This was not a problem for my client who did not reside in the downtown core and had no reason to go there.

Charges Withdrawn for School Bus Mischief

Posted in Criminal Cases (Non-Driving), Youth Charges

My client, a young offender, was charged with Mischief along with several other youths for breaking into and causing significant damage to a school bus. Negotiation with the Crown resulted in the Crown agreeing to withdraw the criminal charge in return for my client completing ten hours of community service and entering into a common law peace bond with the condition that he stay away from the location where the incident occurred for one year.

Posted in Criminal Cases (Non-Driving), Drug Charges

My client was charged with Failing to Remain at the scene of an accident, Possession of a Controlled Substance and Breach of an Undertaking to a Peace Officer.  These charges all stemmed from a single motor vehicle accident in which it was alleged that my client had crashed his car and afterwards had fled the scene.  At the time he was on an Undertaking from previous outstanding charges with conditions that he not drive and that he not consume alcohol or non-prescription drugs.  The police also found a garbage bag with approximately one pound of marijuana outside the car.  I convinced the Crown that although there was some circumstantial evidence to suggest my client had been driving the vehicle, there was not enough to sustain a finding of guilt at trial.  Ultimately the Crown agreed to withdraw the charges in return for a $300 charitable donation.

Drug Charges Dropped

Posted in Criminal Cases (Non-Driving), Drug Charges

My client was charged with Possession of a Controlled Substance stemming from a police search of his vehicle.  He had intentions of going to medical school in the United States and could not face the prospect of a conviction for a drug offence.  At first he tried to handle the matter without hiring a lawyer, and the Crown’s position was tough — they wanted to proceed on the charge and would not consider any sort of diversion program.  After T. came to see me, I reviewed the disclosure and had a meeting with the Crown to negotiate my client’s position.  Within a month, the charged were dropped, and medical school is still in the cards.

Page 1 of 212»