Cases tagged as Probation

• R. v. S.V.2024

  The client was charged with breaching a court order. The allegation was that the client did not adhere to no contact conditions. This was clearly a case of the complainant wanting to use the allegation for family court proceedings. I was able to ultimately have the charge dropped. This left my client with no conviction and no criminal record.

  Probation Bail

• R. v. C.D.2024

  The client was charged with breaching the condition of his peace bond. The allegation was that the client violated the condition not to contact one of the complainants. I reviewed the disclosure, and confirmed that in fact there was no contact as the complainant alleged. I spoke with the prosecutor. The prosecutor agreed and the charge was dropped. The client was left with no conviction and no criminal record.

  Probation Bail

• R. v. C.W.2024

  The client was charged with failure to comply with a release order. The client breached the conditions of the release order by texting a mutual friend of the complainant to advise of a death in the client's family. There were no safety concerns in relation to the client's breach. Following resolution discussions with the prosecutor, the client entered into a peace bond on his substantive file and this charge was withdrawn in result. The client was left with no convictions and no criminal record.

  Probation

• R. v. B.P. 2022

  The client was charged with not following an Emergency Protection Order and several charges of breaching a probation order. Unfortunately the client struggled with an alcohol addiction. I was able to provide him with some supportive referrals. With confirmation from the client that he accessed those referrals, I was able to speak to the prosecutor and convince them to refer my client to the Mental Health Diversion program, which was unusual for them to agree to given the type of file we were dealing with. Once the client was enrolled he completed the requirements of the program, and I had all of the charges against him dropped.

  Assaults Threats Harassment Probation

• R. v. J.B.2021

  The client was charged with breaching a no contact order in relation to a main charge of domestic assault. I was able to have the breach charges withdrawn so the client was left without a conviction and without a criminal record.

  Probation Domestic

• R. v. J.S.2021

  The client was charged with breaching his release (bail) conditions. The client plead not guilty and a trial date was set. I was able to provide the crown with enough information that the crown agreed with me that the charge should be dropped. The client was left without a criminal record and without a conviction.

  Probation

• R. v. R.S.2020

  The client was charged with two counts of breaching the conditions of a probation order, two counts of breaching a Protection Against Family Violence Act order (EPO) and two counts of failing to appear at court. I reviewed the file and determined that the allegations had really been subsumed within the facts associated with the client's previous sentence. I wrote to the crown to point out the issue, and all of the charges were brought forward into court and withdrawn (dropped) by the crown.

  Probation Breaches

• R. v. C.W.2020

  The client had a matter that was at warrant status from years prior. It related to a failure to appear at court for an amendment to a conditional sentence order. It took a lot of investigating and phone calls to achieve the result of having the charge dismissed.

  Probation

• R. v. M.B.2020

  The client was charged with four counts of failing to comply with a protection order under the Protection Against Family Violence Act. I reviewed the disclosure and determined that there was no reasonable likelihood of conviction. I spoke with the prosecutor who agreed that there was no chance of success, and agreed to withdraw the charges. The client was left without a criminal conviction.

  Probation Domestic

• R. v. U.M.2019

  The client was charged with assault with a weapon. The client pleaded guilty and the matter was set down for sentencing. A pre-sentence report was ordered, which outlined some of the neurological issues the client faced after brain surgery. This was helpful because even though he had two prior convictions for assault, he was able to avoid a jail sentence, as the judge factored this in to her decision. He was given a 12 month conditional sentence order and 12 months of probation.

  Assaults Weapons Probation

• R. v. M.H.2019

  The client was charged with possession of a forged document, fraud under $5000, possession of drugs, breaching a CSO condition, failing to comply with a probation order, and failing to attend court. He pleaded guilty to uttering a forged document and possession of drugs. The remaining charges were withdrawn. The client was in custody at the time of his guilty plea. He was given a 15 day global sentence and 18 months probation on his previous conviction.

  Drugs Crime under $5000 Probation Fraud Breaches

• R. v. P.M.2019

  The client was charged with two counts of breaching probation and failing to appear with a summons. The charges were from a few years back when the client failed to finish counseling sessions she was required to take. She was a young mom in her 20s and had trouble completing counseling due to transportation issues, affordability, and childcare. She had spoken with her probation officer about this and left numerous messages, but she did not hear back from him and so she assumed it was fine. She was served with a summons, however at the time it was delivered to an old address. She had shown her probation officer her lease of residence but it was not recorded on her file. She was unaware she had court. After discussions with the crown, they were agreeable to allowing her to complete the counseling which was initially required. Upon doing so, and proof being provided, the charges were withdrawn.

  Probation Breaches

• R. v. W.W.2019

  The client was charged on multiple files and his offences included two charges of possession of property obtained by crime under $5000.00, two charges of fraud under $5000.00, mischief to property under $5000.00, possessing a weapon for a dangerous purpose, carrying a concealed weapon, and two charges of failing to comply with an undertaking (release/bail). The crown was initially seeking probation for the charges. However, I negotiated a resolution whereby my client was referred for a second time to the Mental Health Diversion program. The client was accepted into the program and upon completion of the requirements, all the charges on all of the files were withdrawn.

  Theft Probation Bail Weapons Crime under $5000 Fraud

• R. v. J.S.2019

  The client was initially charged with theft under $5000.00 and pointing a firearm. The crown proceeded with filing a new information with additional charges including assault, theft under $5000.00, using an imitation firearm and possessing a weapon. The client pleaded guilty to assault, theft under $5000.00, and possessing a weapon. Originally the crown was seeking a term of incarceration, but after resolution discussions with the crown, they agreed to a term of probation instead. The remaining charge against him was withdrawn.

  Weapons Crime under $5000 Theft Probation

• R. v. J.L.2019

  The client was charged with domestic assault. The client had a related record for serious allegations of assault where he received jail time. The crown was initially seeking jail time. However, I worked with the client to have him attend at counselling and treatment which assisted me in securing a non-custodial sentence for him when he pleaded guilty. The client was sentenced to probation.

  Assaults Probation

• R. v. A.L.2019

  The client was charged with sexual assault and sexual interference with a minor. The client elected to plead guilty to the sexual assault charge. The crown was initially seeking extensive jail time. However, in negotiations with the crown, I was able to convince them to proceed with a significantly reduced sentence, six months incarceration, followed by 18 months of probation. The sexual interference charge was dropped (withdrawn).

  Sexual Assault Probation

• R. v. A.O.2019

  The client was charged with voyeurism. The crown was at first seeking a sentence of jail, but after I spoke with them, they agreed to reduce their sentence submissions to that of a suspended sentence and probation. I conducted extensive research and made submissions to the judge that a conditional discharge would be appropriate. The judge agreed, and my client received a conditional discharge. No conviction was entered.

  Sexual Assault Probation Conditional Discharge

• R. v. B.N.2019

  The client was charged with sexual assault against a co-worker. He pleaded not guilty and the matter was set down for trial. On the day of trial, the client crown agreed to a plea to a charge of simple assault, and the client received probation.

  Sexual Assault Probation

• R. v. A.T.2019

  The client was charged with sexual assault, sexual interference, and invitation to sexual touching. He pleaded not guilty and the matter was set down for trial. After pre-trial discussions with the crown, the client decided to accept the resolution offer presented. He pleaded guilty to an amended charge of simple assault for probation, and the charges of sexual assault, sexual interference and invitation to sexual touching were dropped.

  Assaults Sexual Assault Probation Sexual Interference

• R. v. B.S.2019

  The client was charged with three counts of possession of drugs (morphine and cocaine) and two counts of failing to comply with conditions of release (bail). He pleaded guilty to two of the possession of drugs charges. The third possession of drugs charge was dropped, as were both of the failures to comply with release. The client received a suspended sentence and a probation for a period of one year.

  Drugs Probation

• R. v. J.T.2019

  The client was charged with impaired operation and operation at or over 0.08. He decided to plead guilty to operation at or over 0.08. He received a fine in the amount of $1500.00 and a one-year driving prohibition. The impaired charge was withdrawn.

  DUI Probation

• R. v. S.J.2019

  The client was charged with multiple driving offences including theft of a motor vehicle, failing to stop at the scene of an accident and dangerous operation of a motor vehicle. He was also charged with possession of property obtained by crime under $5000.00, three counts of breaching probation, six counts of failing to comply and one count of failing to appear. He pleaded guilty to the driving offences, possession of stolen property and breaching probation, along with failures to comply and failing to appear. The remaining charges were withdrawn. The client had an extensive related criminal record. The crown was initially seeking substantial jail time, but I was able to have the jail time reduced significantly for the client. The remainder of his charges were withdrawn.

  Crime under $5000 Theft Probation Obstruction

• R. v. C.K.2018

  The client was charged with assault with a weapon, assault, mischief to property, failing to comply with an undertaking, two counts of failing to comply, and failing to comply with a provision of a protection order. The client pleaded guilty to assault with a weapon, failing to comply with an undertaking and failing to comply with a provision of a protection order. The crown was initially seeking a term of incarceration, however, upon negotiating with the crown, I was able to convince them to agree to a term of probation. This took into account a prior related record.

  Assaults Weapons Mischief Probation Obstruction

• R. v. M.H.2018

  The client was charged with possessing a restricted weapon, careless use of a firearm, two counts of improper storage of a firearm and assaulting a peace officer. The client plead guilty to careless use of a firearm, improper storage of a firearm and possessing a restricted weapon. The remaining improper storage charge and the assault charge were withdrawn. The client received a suspended sentence plus probation for 18 months. A weapons prohibition clause was implemented. The client was also required to complete community services hours and pay a victim fine surcharge. This is a matter where the crown sought a term of incarceration to be served within the community. I managed to convince the judge that a suspended sentence and probation would adequately address the purpose and principles of sentencing and a term of incarceration within the community was thus avoided.

  Assaults Weapons Probation

• R. v. A.M.2018

  The client was charged with assault and failing to comply with conditions of release (bail). Initially the crown was seeking a sentence of probation. Instead, I worked with my client to have her enter into residential treatment, thus addressing any addictions issues. Once the treatment was concluded, I was able to negotiate with the crown to have the client enter into a peace bond, with the substantive charges of assault and failing to comply with conditions of release dropped. My client was left without a criminal record and without a conviction.

  Assaults Probation Bail