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Drug Offences

POSSESSION FOR THE PURPOSES OF TRAFFICKING – CHARGES DROPPED

R. v. V.B. (2009 BC Provincial Court)

Client retained Vancouver Criminal Defense Lawyer Emmet J. Duncan to represent him on an allegation that he was transporting a large quantity of crack cocaine for the purposes of trafficking.  After extensive negotiations with the Federal Crown, Mr. Duncan successfully demonstrated that there was NO PROSPECT FOR SUCCESS based on the Crown evidence, and based on evidence that Mr. Duncan was going to present at trial.  On the day of trial, Federal Crown DROPPED all charges so that Client faces NO JAIL, NO CRIMINAL RECORD and is entitled to a return of all of the property that the police seized during the arrest.

TRAFFICKING CHARGES – DROPPED

R. v. K.H. (2010 B.C. Provincial Court)

Client charged with possession of marijuana for the purposes of trafficking after he was randomly stopped, searched, and found with a large quantity of marijuana, some cash and a scale. Vancouver Criminal Defence Lawyer Emmet J. Duncan persuaded the Federal Prosecutor that even though there was a large quantity of marijuana involved, the Crown would not be able to satisfy the Court that the drugs were not for personal consumption. The Federal Prosecutor agreed to DROP the charge of Possession for the Purpose of Trafficking (or “PPT”) and Client agreed to plead guilty to simple possession of marijuana. The Federal Prosecutor asked the Court to impose a FINE and PROBATION. Vancouver Criminal Defence Lawyer Emmet J. Duncan persuaded the Court that due to the Client’s age and lack of a criminal record, a CONDITIONAL DISHCARGE would be a more just and appropriate result. The Court granted a CONDITIONAL DISCHARGE, which means that the Client does NOT go to jail and does NOT have a criminal record.

POSSESSION FOR THE PURPOSE OF TRAFFICKING – NO JAIL

R. v. K.O. (2010 B.C. Provincial Court)

A Police investigation lead them to find a large quantity of crack cocaine in Client’s vehicle and on her person. Client charged with possession of cocaine for the purpose of trafficking. Despite the case authorities that suggest that even first-time offenders involved in “dial-a-dope” drug trafficking should be sent to jail in order to “send the message” that the Courts will not tolerate that activity, Vancouver Criminal Defence Lawyer Emmet J. Duncan persuaded BOTH the Crown AND the Court to support a sentence that recognized the Client’s young age, the impressive steps she had taken to turn her life around, and the family and community support that she has.  As a result, the Court permitted the Client to serve her sentence at home so that she could continue to work and turn her life around WITHOUT having to go to jail.

Drug Trafficking Charges – NOT GUILTY

R. v. W.C. (2009-2010 B.C. Provincial Court)

Client charged with possession of cocaine for the purpose of trafficking after a random traffic stop and a vehicle search revealed pre-packaged “rock” or “crack” cocaine; quantities of cash; scales; cell phones and numerous weapons.  Over the course of more than six days of trial in which a number of police officers were cross-examined, Vancouver Criminal Defense Lawyer Emmet J. Duncan persuaded the Court that there was INSUFFICIENT evidence to support a conclusion that Client KNEW the drugs were in the vehicle, despite the fact that Client was driving and the car was registered to him.  Client receives NO JAIL and receives NO CRIMINAL RECORD.

DRUG TRAFFICKING – CHARGES DROPPED

R. v. D.R. (2010 B.C. Provincial Court)

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 argued that this constituted the Police “jumping the gun” and engaging in an illegal arrest and and an unlawful search.  Crown took the position that although Client had NO CRIMINAL RECORD, the Court should nevertheless sentence Client to 9-12 months of JAIL in a provincial prison.

Result: on the morning of Trial, the Crown DROPPED all charges.  Client receivs NO JAIL and NO CRIMINAL RECORD.

Possession for the Purposes of Trafficking – NO JAIL

R. v. A.P. (2010 B.C. Provincial Court)

Client caught “red-handed” in a “dial-a-dope” drug trafficking operation.  Although Client was young, had no criminal record, had performed very well on bail and had turned his life around, Federal Crown, citing legal authorities, sought a jail sentence of approximately 3 months.  Vancouver Criminal Lawyer Emmet J. Duncan persuaded the Judge that because of the Client’s outstanding background and demonstrated commitment to a law-abiding lifestyle (including working and going to school), that the Client should receive a fine and probation including “community work service” to educate other youth about the dangers of getting involved in drug trafficking operations. NO JAIL imposed.

Drug trafficking charges – NO JAIL

R. v. B.P. (2010 B.C. Provincial Court)

Client caught “red handed” in a cocaine and heroin drug trafficking operation.  Federal Crown argued that because Client trafficking in “hard street drugs” in a “dial-a-dope” operation and with a criminal record for violence and breaches, then a long custodial sentence of actual, real jail time was required by law.  Over the course of three separate days of legal argument, comprising more than 4 months, Vancouver Criminal Lawyer Emmet J. Duncan persuaded provincial court judge to allow Client to serve sentence in the community with strict supervision, including the wearing of an electronic monitoring bracelet.  This allowed Client to continue developing her legal home business and to care for her teenaged daughter.

Prostitution & Cocaine Possession – No Charges

2010-2011 Investigation

Client arrested in a “Vice Sting” in which Client communicated for a sexual purpose with an undercover police officer.  Upon arrest, Client was searched and police located a quantity of cocaine in Client’s possession.  Police arrested Client for Solicitation and for Possession of Cocaine.  Vancouver Criminal Lawyer Emmet J. Duncan persuaded provincial and federal crown counsel that the circumstances of the evening were exceptional in that Client was facing extreme personal problems just before the Christmas season.  The Client’s behaviour and decision-making was out-of-the-ordinary and did not affect the Client’s character.  Crown counsel agreed to refer the matter for alternative measures INSTEAD of laying charges, as the police had requested.  Client successfully completed diversion and there were NO CHARGES; NO JAIL and NO CRIMINAL RECORD.

Serious Drug Charges in the United Stated – Bail Pending Extradition Hearing Granted

R. v. J.B. (2011 B.C. Supreme Court)

Client arrested in Canada on allegations of trafficking in exceptionally large amounts of marijuana and laundering millions of dollars in the United States.  The Canadian Federal Government is representing the United States of America in its application to have the Client extradited (or transferred) in custody to face charges in the United States Federal Court.  Vancouver Criminal Lawyer Emmet J. Duncan persuaded the B.C. Supreme Court that because the Client has no criminal record anywhere in Canada and has the right to be presumed innocent, the Client should be granted bail while awaiting the Court hearing in which the Court will ultimately decide whether the Client must be extradited to the United States.