Cases tagged as Probation

Cases in 2021

• R. v. J.B.2021

  The client was charged with breaching a no contact order in relation to a main charge of domestic  2021 R. v. J.B. Release Conditions, Probation and Conditional Sentences 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 I was able to have the breach charges withdrawn so the client was left without a conviction and without a criminal record.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

• 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

Cases in 2020

• 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 I wrote to the crown to point out the issue, and all of the charges were brought forward into court and withdrawn (dropped) by the crown.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

Cases in 2019

• 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

Cases in 2018

• 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

• R. v. R.J.2018

  The client was charged with distributing, possessing and accessing child pornography. A guilty plea was entered to the possession charge, and the other charges were withdrawn. I negotiated a significantly reduced sentence with the crown, on the basis of my client's early guilty plea, and on the basis of extensive counselling the client had undertaken. Wherein the client would have incurred a much lengthier sentence, the client was instead sentenced to six months in jail, followed by two years probation with conditions.

  Child Pornography Probation

• R. v. H.C.2018

  The client was charged with multiple counts of fraud, possession of stolen property, identity theft, and other similar property and fraud related charges. The client was facing significant jail time, but I convicted the prosecutor to reduce the amount of jail time to time served, with probation to follow for some of the charges. The remaining charges were withdrawn.

  Theft Probation Fraud

• R. v. Z.M.2018

  The client was charged with six counts of using a forged document and four counts of possession of stolen property. The client pleaded guilty to three counts of using a forged document and three counts of possessing stolen property. The remaining four charges were withdrawn. As a result of the guilty plea, the client was sentenced to a nine-month conditional sentence order, followed by nine months of probation. A victim fine surcharge was also imposed. This is a matter where the client was facing lengthy jail time. However, I was able to negotiate with the crown so that the client avoided jail time and could serve his sentence in the community while maintaining their employment.

  Theft Probation Fraud

• R. v. L.M.2018

  The client was charged with three counts of breaching a probation order that the client was sentenced to in relation to fraud charges. The pleaded guilty to two of the counts and the third was withdrawn. The client received a sentence of 14 days in jail given his prior related record for which the client had received a lengthier sentence than the one I was able to secure for the client.

  Breaches Probation Fraud

Cases in 2017

• R. v. B.P.2017

  The client was charged with sexual assault and sexual interference. He plead guilty to sexual interference and received a jail term of 2 years, plus 18 months’ probation with conditions. The crown had sought a 3-year jail sentence, but the judge agreed with Ms. Karpa's position.

  Sexual Assault Probation Sexual Interference

• R. v. N.E.2017

  The client was charged with robbery. After a lengthy discussion with the crown, and much legal research and preparation for a trial, the crown agreed to a plea to simple assault at the last minute. The client received a short term of probation.

  Probation Robbery

• R. v. J.J.2017

  The client was charged with a breach of probation. In discussions with the crown, I was able to have the charge withdrawn.

  Probation Breaches

• R. v. C.R.2017

  The client was charged with possession over $5000.00, possession of drugs, possession of a weapon, possessing a break in instrument, breach of probation, FTA, failing to comply. I determined that there was a very weak case against her client. The matter was set for trial after a not guilty plea was entered. At trial, crown withdrew all of the charges.

  Drugs Probation Crime over $5000 Breaches Administrative Offences

• R. v. B.D.2017

  The client was charged with a breach of probation. The client plead guilty to the charge and received a fine. The crown agreed not to apply to revoke the client'’s curative discharge.

  Probation Breaches

• R. v. L.S.2017

  The client was charged with the indictable offence of theft over $5000. Ms. Karpa was able to convince the crown to lay a new information with separate theft under $5000 counts, so that they would be summary offences, thereby allowing a conditional sentence outcome and no real jail. The client hacond to pay full restitution and received a conditional sentence order of 18 months, followed by 12 months'’ probation. Normally, these types of offences would garner real jail.

  Crime under $5000 Theft Probation Crime over $5000

Cases in 2016

• R. v. G.R.2016

  The client was charged with breaching a probation order in relation to a previous robbery matter. Ms. Karpa had the breach dropped/withdrawn altogether.

  Probation Breaches Robbery

• R. v. K.J.2016

  The client was charged with trafficking drugs (cocaine and marijuana), possession of a weapon (knife), and assault with a weapon (knife). Initially the crown wanted a jail sentence for guilty pleas to all counts. Instead, Ms. Karpa successfully argued for a term of probation. No jail.

  Assaults Drugs Weapons Probation

• R. v. S.H.2016

  The client was charged with theft of mail. Originally an indictable offence, Ms. Karpa was able to convince the crown to re-elect summarily after the client entered a guilty plea to an offence under a different quasi-criminal Act. The client received probation for two years and no criminal conviction.

  Theft Probation

Cases in 2015

• R. v. M.P.2015

  Client was charged with breach of probation, and assault. On the day of trial, Ms. Karpa had the charges withdrawn. No criminal record/no conviction.

  Assaults Probation Breaches

• R. v. T.N.2015

  The client was charged was a very serious assault against a domestic partner. Despite the Crown'’s position that jail was warranted, Ms. Karpa secured a sentence of probation for the client.

  Assaults Probation

• R. v. D.P.2015

  The client was charged with two counts of breaking and entering into a dwelling house (B & E). Calgary criminal lawyer Susan Karpa was able to secure the withdrawal of one count for a plea to a lesser included offence of unlawfully in a dwelling house (as a summary conviction matter) instead. Client received probation versus jail.

  Property Offences Probation

• R. v. C.W.2015

  The client was charged with two counts of robbery, one count of break and enter, and one count of uttering threats. Ms. Karpa had the charges reduced to two counts of theft under $5000.00 and uttering threats for 1 year probation.

  Threats Crime under $5000 Theft Probation Robbery Property Offences

Cases in 2014

• R. v. R.S.2014

  The client was charged with several firearms and assault/threats criminal offences in relation to a serious domestic assault allegation. Ms. Karpa used her experience with firearms related offences and had the Crown agree to withdraw all major firearms related charges and reduced the charge to carless storage and simple assault for probation.

  Assaults Threats Weapons Probation

• R. v. J.C.2014

  Allegation of minor sexual assault. Ms. Karpa succeeded in arguing for a plea to simple assault only. Client received probation on a plea to assault only.

  Assaults Sexual Assault Probation

• R. v. G.L.2014

  The client was charged with a serious assault involving a serious fight (kicking and punching) that was caught on video. The Crown sought a term of probation which would mean the client would have had a conviction and criminal record. After a careful review of the file, and the relevant case law, Ms. Karpa argued before the Judge that the client should instead receive a conditional discharge. The Judge sided with Ms. Karpa, and the client received a conditional discharge. No conviction.

  Assaults Probation Conditional Discharge

• R. v. N.B.2014

  Client was charged with assault with a weapon, assault, and uttering threats. The incident involved an allegation that a knife was used. Ms. Karpa successfully argued for a term of probation versus jail for her client.

  Assaults Threats Weapons Probation

• R. v. M.J.2014

  The client was charged with uttering threats, assault with a weapon, possession of a weapon for a purpose dangerous, and multiple counts of simple assault. Ms. Karpa got the Crown to withdraw several counts against her client. For the remaining counts, although the client had a related record, Ms. Karpa secured a short term of probation for her client.

  Assaults Threats Weapons Probation

• R. v. A.A.2014

  The client was charged with failing to remain at the scene of an accident, obstruction of justice and dangerous driving. Ms. Karpa succeeded in having the allegations reduced from indictable to summary conviction proceedings. Further, pleas were entered to Traffic Safety Act offences (to avoid criminal convictions for those matters) for fines and probation. The client had been facing jail time.

  Probation Obstruction Dangerous Driving

Cases in 2013

• R. v. N.L.2013

  Client was charged with break and enter, possession of stolen property, theft of a motor vehicle, breaches of bail conditions, and failures to appear in court. Ms. Karpa successfully negotiated for a plea to less serious offences for the break and enter and possession/theft offences. Client received a term of probation.

  Theft Probation Bail Breaches Administrative Offences Property Offences

• R. v. S.H.2013

  Criminal harassment and multiple breach of bail charges. Client had a prior criminal record. Crown sought jail. Judge agreed with Ms. Karpa and the client was sentenced to a conditional sentence and probation , no jail.

  Harassment Bail Breaches Probation Conditional Discharge

• R. v. C.L.2013

  Client was charged with break and enter, assault, and uttering threats. Client received a term of probation with minimal conditions.

  Assaults Threats Probation Property Offences

• R. v. B.F.2013

  Client was charged with assaulting a young child. Client plead guilty and was sentenced to a short term of probation with minimal conditions.

  Assaults Probation