SUMMARY – Calgary family charged with drug trafficking offences
RESULT – Win
DEFENCE LAWYER – Sean Fagan
CHARGES: Possession for the purpose of trafficking
The Calgary Police Service (“CPS”) conducted an investigation into trafficking in schedule I controlled substances (cocaine/heroin/opioids / Meth) within the city of Calgary. Like most drug investigations in Calgary, this was a surveillance-based investigation where CPS officers tracked and watched the movement of individuals to gather evidence to obtain a warrant. In this case, the CPS ultimately applied for and were granted a warrant to search the family residence of X X. The search resulted in the seizure of significant amounts of:
- Crack Cocaine
- Methadone pills
- 10,000 in currency
X.X. and his entire family were charged with drug trafficking charges in relation to this seizure. Sentences for most of these offences carry with it a maximum period of life imprisonment.
Most people are surprised to learn that trafficking in schedule I controlled substances in Canada carries a maximum life sentence penalty. Although it is highly unusual to receive a sentence of life for drug trafficking offences, a lengthy period of incarceration will be imposed if a conviction for trafficking in a schedule I controlled substance is entered.
The Alberta Court of Appeal recently held that the starting point for trafficking in fentanyl on the wholesale level is NINE years. The starting point for trafficking in cocaine in Alberta is THREE years for a person who has no criminal record.
A person charged with criminal offences cannot be penalized for running a trial. Although a person may receive some leniency for an early guilty plea, often it is of minimal value when one looks at the overall sentencing circumstance, and frequently, the offer that the prosecutor makes in the first instance is worse than the sentence a person can receive after a hard-fought trial.
X.X. and his entire family were faced with two options:
- Plead guilty and go to jail for a lengthy period of time.
In light of this, XX and his family retained Sean Fagan, who they knew to be a criminal lawyer with extensive experience successfully defending drug prosecutions. Sean Fagan was ultimately successful at winning this most serious prosecution, saving XX and his entire family a criminal conviction and a lengthy period of incarceration.