Domestic violence drug stash
OFFENCE: Possession for the purpose of trafficking – Assault
RESULT: Charges withdrawn
LAWYER: Sean Fagan
Regina v. D.W. – Jan 2019
Charges: Section 266 of the Criminal Code of Canada
The police were called to a residence in response to a call for help regarding domestic violence. When the police arrived, the complainant was present, but D.W. was nowhere to be found. The police searched the residence for safety purposes and discovered a significant amount of drugs.
Following the discovery of the drugs, the Calgary Police Service drafted a drug warrant and executed it on the house in order to lawfully seize the drugs. Again, D.W. was nowhere to be found.
Following the seizure from the home, the police issued a warrant for the arrest of D.W. for assault. D.W. was ultimately apprehended, arrested and charged in relation to the alleged assault. However, the police forgot to arrest and charge D.W. in relation to the much more serious possession for the purpose of trafficking charges.
D.W. retained the services of Calgary Drug charge lawyer Sean Fagan, who managed to ensure that the assault charge against D.W. was withdrawn. And more importantly, Sean Fagan was successful at ensuring that the serious drug charges that could have been laid, were never initiated. This saved D.W. the cost and risk associated with facing drug charges, and the lengthy period of incarceration that would have resulted if a conviction was entered.