Client faced a conspiracy charge along with eleven other charges stemming from his alleged involvement in a sophisticated motor vehicle trafficking ring. This was a complex case involving extensive surveillance and the interception of private communications (i.e. “wiretap”). Ms. Fagan killed the prosecution in its entirety by way of the complete withdrawal of all charges.
Regina v. K.A.A. [Provincial Court – August 2012]
KAA was a middle aged family man with no prior history with the police. KAA and his wife accepted an invitation to a dinner party at the residence of a couple with whom they’ve had a someone tenuous relationship. According to the female host of the dinner party, KAA sexually assaulted her when no one was looking. The alleged victim said nothing at the time to suggest that KAA had done anything wrong but two weeks later a complaint of …
Regina v. M.K. [Okotoks Provincial Court, June 2012]
Client was charged with possession of cocaine for the purpose of trafficking, proceeds of crime and three counts of simple possession of cocaine. Ms. Fagan secured a conditional discharge relating to the charge of simple possession and all other charges were completely withdrawn (i.e. no entry of a criminal record).
Regina v. D.S. [Arrest Processing Unit before a Justice of the Peace, April 2012]
As a result of a nine month investigation by police, D.S. was charged with eight counts of possession for the purpose of trafficking in crack cocaine, crystal meth, ecstasy and marijuana as well as two counts of possession of proceeds of crime. D.S. had an extensive criminal record and allegedly committed these offences while out on bail for other charges. Ms. Fagan was able to secure his release within 8 hours of his arrest.
Regina v. A.M. [Peace River Provincial Court, March 2012]
A.M. was the target of ongoing police surveillance during which the police observed activity consistent with drug trafficking. Police allegedly made several undercover purchases of cocaine from A.M. and thereafter executed a search warrant on his vehicle and home. A.M. was charged with possession for the purpose of trafficking, weapons and possession of proceeds of crime. In the final result this matter was dealt with by way of a finding of guilt to simple possession of a controlled substance and …
Regina v. L.A. [Calgary Provincial Court, February 2012]
Client was charged with possession for the purpose of trafficking, production and possession of proceeds of crime. He was the subject of an extensive inter-provincial undercover investigation that culminated in his arrest. He allegedly had 8 kilograms of cocaine in his possession. Ms. Fagan secured his release within 48 hours of his arrest. Calgary Herald: “Calgary Man faces charges after $400,000 cocaine bust” (Feb 29, 2012) 660 News: “Major Cocaine Seizure” (Feb 29th 2012) CTV.ca: “Police make big Cocaine Bust” …
Regina v. P.K. [Calgary Provincial Court, February 2012]
Client was the subject of an extensive inter-provincial undercover investigation. Police linked this seizure to other seizures made during the same week which prompted them to call it “one of the biggest cocaine seizures in the history of Alberta”. Client was charged with trafficking and possession for the purpose of trafficking. When arrested P.K. was alleged to have been found in possession of 11 kilograms of cocaine and $140,000 in cash. Ms. Fagan secured P.K.’s release within 12 hour of …
Regina v. C.J. [Calgary Provincial Court, February 2012]
“The Tainted Ecstasy Case” – Client charged with two counts of possession for the purpose of trafficking (ecstasy); ten counts of trafficking (ecstasy) and several proceeds of crime and weapons charges. The ecstasy seized was tested and determined to have been cut with the lethal compound “PMMA” that had been linked to ten deaths in the city of Calgary. As a result, this file received extensive coverage in the media and was “front page news”. The Crown vehemently opposed the …
Regina v. N.P. [Calgary Provincial Court, February 2012]
N.P. was charged with assault with a weapon, common assault and possession of a weapon for a purpose dangerous to the public peace as a result of an alleged beating at a C-Train station. The primary issue was identification. Ms. Fagan was able to have all charges completely withdrawn on the first day of trial.
Regina v. D.K.J. [Provincial Court – February 2012]
DKJ was charged with sexually assaulting his adult step-daughter. DKJ’s account of events and that of the complainant were diametrically opposed – the critical issue was that of “consent”. DKJ maintained his innocence and the matter scheduled for trial. On the date scheduled for trial the complainant had a complete change of heart with respect to what actually transpired. Bottom Line: Patrick Fagan was successful in having all charges completely withdrawn.
1. Regina v. S.K. [Youth Justice Court, Provincial Court of Alberta, Calgary – January, 2011]
Client charged with possession of controlled substances for the purpose of trafficking and proceeds relative to crack cocaine, powder cocaine, temazepan, cannabis marijuana and cash. Police executed a warrant to search on business premises located in downtown Calgary. At the time of police entry our client was in the company of several males behind the counter of the premises. After 5 months of court appearances and ongoing negotiation with the Crown this prosecution was killed/ terminated by way of a …
2. Regina v. D.S. [Provincial Court of Alberta, Calgary – January 2011]
While conducting surveillance in a local drinking establishment the police observed our client socializing with persons believed to be members of a well-known motorcycle “club”. Consequently, the police came up with a bogus excuse to apprehend, identify and search our client. As a consequence of that search the police located a quantity of cocaine and our client was charged accordingly. A plea of not guilty was entered and a trial date scheduled. Nine months later the Crown concedes the abundantly …
3. Regina v. D.V. [ Court of Queen’s Bench of Alberta, Calgary – January 2011]
This prosecution arises from the facts germane to the truck BBQ on the Deerfoot Trail case as set out in Drug Cases 2010 at paragraph 24. After killing this prosecution relative to the brick of cocaine (located in the snow bank) the Crown pressed on with a charge of possession of methamphetamine (speed). While at the scene of the BBQ aforesaid our client was searched by the police and found to be in possession of (i.e.: the dope was in …
4. Regina v. P.J. [Provincial court of Alberta, Calgary – January, 2011
Client was a passenger in a motor vehicle stopped by the police as a result of an impaired driving complaint. The police observed a crack pipe protruding from beneath the front passenger seat so they searched the vehicle and occupants. A search of the vehicle revealed the presence of 2 ounces of crack cocaine and related paraphernalia. Client was charged with possession of cocaine for the purpose of trafficking; a plea of not guilty was entered and the matter scheduled …
Regina v. P.J. [Calgary Provincial Court, November 2011]
P.J. was charged with seven weapons/firearms offences, two counts of uttering threats (including to blow up a drug treatment facility) and four counts of possession for the purpose of trafficking. The Crown strongly opposed P.J.’s release but Ms. Fagan was able to secure his release within days of his release.
5. Regina v. R. T. [Provincial Court of Alberta, Calgary – March, 2011]
Tough case. Client charged with three counts of direct trafficking as a consequence of three separate sales of cocaine involving two undercover peace officers during an operation extending over several months. At trial both undercover officers pointed to our client as the person from whom they purchased cocaine BUT through cross-examination it was revealed that identification was tainted due to a highly problematic photographic line-up (i.e.: they had a fat guy in with a bunch of skinny guys) and investigative …
6. Regina v. R.D. [Provincial Court of Alberta, Calgary – March, 2011]
Client was targeted by the police during the course of an ongoing investigation of a so-called Dial-a-Dope operation. Undercover peace officers arranged a meet by telephone to purchase cocaine and when our client arrived at the scene he was arrested, searched and found to be in possession of a quantity of cocaine – he was charged with possession for the purpose of trafficking. During our review and analysis of Crown disclosure (police reports, etc.) we identified certain subtle but potentially …
7. Regina v. S.J. [Provincial Court of Alberta, Calgary – March, 2011]
This matter arises from the facts germane to the case set out in Drug Cases 2010 at paragraph 25. After killing the proceeds prosecution by way of a in November, 2010 we redirected our attention to recovering the cash seized by the police from the home of our client. After four months our efforts in this regard were successful and the entire amount was recovered and restored to our client
8. Regina v. S.B. [Court of Queen’s Bench of Alberta, Calgary – March – April, 2011]
Regina v. S.B. [Court of Queen’s Bench of Alberta, Calgary – March – April, 2011] Client had a heated oral exchange with a school official regarding his daughter. Within 24 hours of the non-threatening conversation child welfare investigators were on our client’s front door step in the company of two uniformed policemen demanding entry to his home. Upon entering the home all four intruders immediately confirmed that our client’s daughter was a normal, happy, healthy child who did not present …
9. Regina v. T.E.H. [Provincial Court of Alberta, Calgary – April, 2011]
RegClient charged with possession of a controlled substance for the purpose of trafficking, proceeds of crime and multiple weapons offences (including possession of a handgun with readily accessible ammunition. . . an offence that carries a minimum sentence on conviction of 3 years imprisonment) as a consequence of police search of a motor vehicle and our client’s home. The matter was scheduled for preliminary inquiry where the co-accused entered a plea of guilty; our client maintained his “innocence” and we …