DRUG CHARGES: 1) Possession of crack cocaine for the purpose of trafficking 2) Possession of proceeds of crime The Guns & Gang Unit executed a drug warrant on residential premises associate to RSS. The police seized in excess of 40 grams of cocaine and approximately $4,000.00 cash. According to the police the cocaine was packaged in small amounts consistent with trafficking. In addition to the foregoing the police had conducted surveillance on RSS during which they observed multiple meetings of …
19. Regina v. B.G.G. [Provincial Court, Calgary – August 2015]
DRUG CHARGE: 1) Possession of cocaine BGG was a passenger in a vehicle which had been stopped for speeding. BGG, as a mere passenger, refused to provide identification to the police or answer any of their questions. The police arrested BGG for obstruction and a subsequent search of his person revealed the presence of several grams of cocaine. Bottom Line: The Crown wisely conceded the problematic nature (from a constitutional perspective) of the arrest and search of BGG and the …
20. Regina v. P.T.T. [Calgary Provincial Court – September 2015]
DRUG CHARGE: 1) Possession of cannabis marijuana PTT was stopped by police for not wearing a seatbelt. When the police attended the vehicle they immediately detected the strong scent of fresh marijuana. The police arrested PTT and a subsequent search of the truck revealed the presence of approximately 10 grams of marijuana. The police charged PTT accordingly. Bottom Line: Patrick Fagan arranged to have the charge completely withdrawn.
21. Regina v. L.L.L. [Provincial Court, Calgary – September 2015]
DRUG CHARGES: 1) Possession of cannabis marijuana for the purpose of trafficking. 2) Possess proceeds of crime. As a result of a two month investigation conducted by the Drug Unit the police executed a warrant on residential premises occupied by LLL. As a consequence of that search police seized approximately 3 kilograms of marijuana, “score sheets”, approximately $7,000.00 cash, a cocaine press, packaging materials and “11” cellular telephones. Pleas of not guilty were entered to both charges and a trial …
22. Regina v. E.E.E. [Court of Queen’s Bench of Alberta, Calgary – September 2015]
DRUG CHARGE: 1) Possession of cannabis marijuana for the purpose of trafficking. 2) Possess proceeds of crime. This was a classic “Pipeline/ Interdiction” investigation – i.e.: a drug investigation conducted under the guise of a traffic stop. A search of the motor vehicle operated by EEE resulted in the seizure of approximately 18 pounds of cannabis marijuana. According to the police, the estimated street value of the marijuana was approximately $120,000.00. In addition to the “dope” police also seized approximately …
23. R. v. Z.Y.Z [Superior Court, Kenora, Ontario – October 2015]
CHARGE: Possession of cannabis marihuana for the purpose of trafficking. RESULT: All evidence seized by police excluded at trial under the Canadian Charter of Rights & Freedoms. ZYZ was operating his rental vehicle eastbound on Hwy #1 near Kenora when he was apprehended for speeding by the OPP. As the Constable was a highway drug cop with interdiction (Pipeline) expertise the traffic stop was quickly transformed into a drug investigatiion. ZYZ was detained, cuffed and placed in the rear of …
24. Regina v. K.M.K. [Provincial Court, Calgary – October 2015]
CHARGES: (1) Possession of crack cocaine for the purpose of trafficking. (2) Possession of proceeds of crime. RESULT: Verdicts of NOT guilty were entered on all charges at the conclusion of trial proceedings. The police were conducting surveillance on a cocaine trafficking target in an attempt to identify her supplier. The police arranged to purchase crack cocaine from the target and minutes before that transaction unfolded the target is observed meeting with KMK. The target is busted and KMK is …
25. Regina v. GGG [Provincial Court, Calgary – October 2015]
CHARGES: (1) Possession of morphine for the purpose of trafficking. (2) Possession of methamphetimine (‘speed”) for the purpose of trafficking. (3) Possession of cannabis marihuana. RESULT: Verdicts of NOT guilty entered at conclusion of trial proceedings. GGG was pulled over in a rental vehiclefor speeding– he was the driver. When the officer attended at GGG’s vehicle he immediately detected the odour of fresh cannabis marihuana. GGG (unwisely) told the officer that someone had been smoking marihuana in the vehicle earlier. …
26. Regina v. Z.Y.Z. [Superior Court, Kenora, Ontario – October 2015]
This relates to case #23 of 2015 Drug Offences. Specifically, once we received a ruling as to the exclusion of all evidence seized by the police pursuant to section 24(2) of the Charter as a consequence of the violation of ZYZ’s right to be secure against unreasonable search or seizure (as guaranteed by section 8 of the Charter) the Crown sought a ruling from the trial Justice on an application that had been brought earlier by Patrick Fagan. In that …
27. Regina v. S.K.Y. [Provincial Court, Calgary – November 2015]
CHARGES: 1) Possession of cocaine for the purpose of trafficking. 2) Possession of marijuana for the purpose of trafficking. 3) Possess proceeds of crime. 4) Dangerous driving causing bodily harm. Result: entered on all charges. The police received a complaint from a hotel manager that drugs had been observed by hotel cleaning staff in a room occupied by SKY. The police, with the assistance of the hotel manager, entered the room where they seized a quantity of marijuana, cocaine, cash …
R. v. V.N. [Provincial Court, Calgary, February, 2015]
Ms. Fagan was retained by V.N. for bail. When he was arrested for V.N. was on already on bail for possession for the purpose of trafficking in cocaine (at the kilogram level), possession of proceeds of crime ($60,000) and a number of weapons offences. The new charges stemmed from the execution of a search warrant in his home in which a significant amount of cocaine and cash was allegedly found. Notwithstanding that the Crown was strongly opposed to V.N.’s release, …
Regina v. E.W.L. [Provincial Court – February 2015]
EWL was a married middle aged man with no prior history of adverse involvement with the police. A disgruntled female co-worker accused EWL of touching her breasts on two separate occasions. On one of those occasions, according to the alleged victim, a second female employee was standing right beside them and witnessed the entire event. As part of the police investigation they conducted an indepth interview of the eye witness. Well . . . this person told the police that …
R. v. N.J. [Provincial Court, Calgary, January 2015]
N.J. was charged with four counts of assault against a female with whom he was in an intimate relationship. Police responded to a “check on welfare” call and found the female covered in bruises and crying. She alleged that N.J. had assaulted her over a four day period. Ms. Fagan secured the withdrawal of all charges prior to trial.
Regina v. V.P.J. [Provincial Court – January 2015]
VPJ was an elderly gentleman and proprietor of an establishment that was somewhat notorious for persons of ill-repute. VPJ became involved in a heated dispute with one of his female residential tenants over a substantial unpaid hotel bill. Well, the female tenant absconded without paying the bill and accused VPJ of touching her 10 year old daughter (over her clothing) during the course of their lengthy stay at his establishment. VPJ, a grandfather with no prior criminal convictions, was arrested …
R. v. C.J. [Provincial Court, Calgary, December 2014]
C.J. was charged with causing death by criminal negligence and failing to provide the necessities of life as a result of the death of an infant in his care. Ms. Fagan secured his release on bail on reasonable terms. IN THE NEWS: Calgary Herald Calgary parents accused of malnutrition in death of boy granted bail IN THE NEWS: Calgary Sun Calgary couple charged in death of toddler seeking bail
R. v. Y.Z. [Provincial Court, Calgary, December 2014]
Y.Z. retained Ms. Fagan to defend him on two separate matters. The first set of allegations were that Y.Z. was driving while impaired. Police observed Y.Z. driving erratically in a northwest neighborhood and pulled him over. Y.Z. admitted to drinking alcohol, had open alcohol in the vehicle and blew well over the legal blood alcohol limit. At trial Ms. Fagan successfully argued that Y.Z.’s right to a lawyer had been violated and verdicts of “not guilty” were entered. While awaiting …
R. v. F.J. [Provincial Court, Calgary, December 2014]
F.J. was charged with a number of charges stemming from a former intimate relationship. Two trial dates were scheduled. With respect to the first trial date, F.J. was alleged to have assaulted his girlfriend with a crowbar. He was charged with possession of a weapon for a purpose dangerous to the public peace, assault with a weapon and assault causing bodily harm. In regards to the second trial date, F.J. was alleged to have broken into his girlfriend’s home. He …
R. v. T.C. [Provincial Court, Calgary, December 2014]
T.C. was charged with five counts of trafficking cocaine and one count of possession of cocaine for the purpose of trafficking. He was alleged to have sold cocaine/ crack cocaine to an undercover police officer on five separate occasions. Upon his arrest a search warrant was executed on T.C.’s home yielding cocaine, digital scales and personal documents. Ms. Fagan obtained a (i.e. T.C. walked free with no criminal record).
Gun Toting Hero
If you are charged with a criminal offence call Patrick Fagan at (403) 517-1777.