Cocaine, Ecstasy, Hydromorphone & Marijuana Trafficking – NO JAIL
R. v. S.O. (2014 B.C. Supreme Court)
Client’s vehicle was searched and subsequently police located what the Crown called a “mobile pharmacy” of drugs including more than two pounds of marijuana, more than an ounce of cocaine, an ounce of ecstasy, almost 800 hydromorphone pills and ketamine. Client had no criminal record and was traveling from British Columbia to Alberta. Crown counsel asked the Supreme Court justice to impose more than a year of actual imprisonment, citing the quantity, type and amount of drugs, as well as the inter-provincial trafficking component, all as aggravating features. Vancouver Criminal Defence Lawyer Emmet J. Duncan was able to persuade the Supreme Court justice that Client was young, had no criminal record and had taken significant steps towards his own rehabilitation. She agreed and she agreed to allow Client to serve his sentence in the community, meaning that client received NO JAIL TIME for the offences.
Drugs and Impaired Driving at Border – NO CHARGES
R. v. U.M. (2013 Border Investigation)
Client arrested at Canadian / United States Border and detained on investigation of importing marihuana as well as driving under the influence of alcohol. Despite the time of the day (late evening), Vancouver Criminal Lawyer Emmet J. Duncan’s office successfully intervened and negotiated with Canadian Border Services peace officers and then with the Royal Canadian Mounted Police to secure Client’s release with no charges, with no jail and with no criminal record.
Grow Operation – NO CHARGES
R. v. C.K. (2013 Investigation)
Client’s home was searched pursuant to a warrant, during which police discovered a reasonably sizable grow operation. In discussions Vancouver Criminal Lawyer Emmet J. Duncan had with Crown counsel, Prosecutor accepted that the Crown would not be able to prove that the Client intended to distribute (or traffic) in any of the marijuana. As a result, Crown decided to lay no charges. Client received no jail and no criminal record.
Multiple Charges of Cocaine Trafficking – No Jail
R. v. D.B. (2012 B.C. Provincial Court)
Client caught selling drugs in a “dial-a-dope” (roving retail drug-selling) operation. Vancouver Criminal Lawyer Emmet J. Duncan succeeded in obtaining the Client’s release on bail. Client required to maintain good behaviour, to stay out of certain motor vehicles, to not possess cell phones and to not be found in the company of a particular individual, who was also charged. While on bail, Client was caught selling drugs again, with the same individual, using cell phones and while occupying the wrong kind of motor vehicle. Client was charged again. Vancouver Criminal Lawyer Emmet J. Duncan persuaded Crown counsel that the first set of charges had significant Charter problems and would likely lead to an acquittal. Client plead guilty to the second set of charges. Crown sought substantial jail, particularly because Client had committed new offences while on bail. Mr. Duncan persuaded the Court that because of the Client’s commitment to tackling his drug problem, and because of his solid family support, the Court could take a chance on Client, and permit him to serve his sentence in the community, under supervision.
Client Acquitted of Trafficking-Related Cocaine Charges
R. v. W.C. (2012 B.C. Provincial Court)
Client’s residence was searched pursuant to a search warrant, during which police found a large quantity of cocaine, some of which appeared to be packaged for distribution and re-sale. Vancouver Criminal Lawyer Emmet J. Duncan successfully challenged the validity of the search warrant in a hearing which included the lengthy cross-examination of the police officer who obtained the warrant. In that hearing, it was established that the police relied on outdated information; that the police failed to follow up on certain leads; and that much of the information in the warrant application was so vague and non-specific that the Court found that the warrant application could not support a lawful search. The Court went on to decide that it would bring the administration of justice into disrepute to allow the drugs to be entered as evidence. As a result, the drugs were excluded, and the Client was acquitted (found not guilty).
Assault Allegation – NO CHARGES
R. v. M.R. (2012 Investigation)
Client experimented with marijuana for the first time and had an extremely adverse reaction, during which he went into serious physical distress, and then assaulted three paramedics who were attempting to assist him. Vancouver Criminal Lawyer Emmet J. Duncan obtained a preliminary psychiatric opinion as to the Client’s state of mind and likely causes of the behaviour, following which he successfully persuaded Crown counsel to not lay charges. Client was in Canada on a working visa, according to which criminal record could lead to removal from Canada. Client received no jail and no criminal record.
Drug Trafficking Charges Dropped
R. v. J.K. (2012 B.C. Provincial Court)
Client was the passenger in a vehicle pulled over by police. Police searched the vehicle and located a large quantity of drugs. Each occupant was arrested and charged. For several months, Vancouver Criminal Defence Lawyer Emmet J. Duncan negotiated with Crown counsel regarding the lawfulness of the search and whether the evidence supported the conclusion that the Client was even aware of the presence of the drugs in the vehicle. Crown counsel ultimately agreed with all of Mr. Duncan’s submissions and dropped all charges without the matter ever being set for trial. Client received no jail and no criminal convictions as a result of this incident.
Conditional Sentence RESTORED After Breach Hearing
R. v. V.B. (2009 British Columbia Supreme Court)
Client was arrested for carrying a cellular phone and a small amount of marijuana, both of which were breaches of a Conditional Sentence Order imposed by the British Columbia Supreme Court for Possessing Cocaine for the Purpose of Trafficking. At the bail hearing the Crown sought a DETENTION ORDER. Vancouver Criminal Defense Lawyer Emmet J. Duncan successfully argued for Client’s RELEASE on BAIL until the file could go before the court to address the Breach. At the Breach Hearing, the Crown sought TERMINATION of the CSO, which would have put client into JAIL for approximately SEVEN months. Vancouver Criminal Defense Lawyer Emmet J. Duncan successfully argued that Client should NOT go back to jail and should be allowed to complete the sentence IN THE COMMUNITY. Client RELEASED.
Drug Trafficking Charges – Bail GRANTED
R. v. D.R. (B.C. Provincial Court 2009)
Client arrested following undercover police operation in which a known drug purchaser was placed under surveillance and followed to a point of purchase. Client was driving a vehicle that appeared to stop and the suspected purchaser appeared to buy drugs from him. Without conducting any further investigation, police “boxed in” Client’s car, arrested Client and other person in the vehicle and then searched them, finding a large quantity of cocaine, heroin, cash and cell phones. Client charged with trafficking in cocaine and possessing cocaine and heroin for the purposes of trafficking.
Vancouver Criminal Lawyer Emmet J. Duncan persuaded the Crown that although the Crown position was that Client should receive a SENTENCE of 9-12 months of JAIL in a provincial prison (even though Client has no criminal record), the Crown must recognize Client’s right to be PRESUMED INNOCENT and Client’s right to REASONABLE BAIL. Crown agreed and the Court ordered Crown’s RELEASE.
Bail Granted Despite Multiple Charges of Trafficking – Even While On Bail for Trafficking
R. v. A YOUTH (2011 B.C. Provincial Court)
Youth Client arrested following a search of residence in which he was found in virtual possession of substantial quantities of controlled substances. Client charged with Possession of ecstasy for the Purpose of Trafficking and RELEASED ON BAIL. Approximately two months later, police execute a second search warrant on the same residence and as a result Client is charged with a second set of charges for Possession for Purpose of Trafficking. Crown sought Client’s DETENTION until Trial on the basis that committing two serious trafficking offences, including doing so while on BAIL, constitutes a substantial danger to the public. Vancouver Criminal Lawyer Emmet J. Duncan persuaded Provincial Court Judge that with the right terms and conditions, along with a substantial surety, Client could be RELEASED. BAIL GRANTED.