Flee from police with a substantial amount of currency

Flee from police with a substantial amount of currency

OFFENCE: Proceeds of crime

RESULT: Charges Stayed

LAWYER: Sean Fagan

Regina v. M.N. – September 2018

Charges: Section 354(1)(a) of the Criminal Code of Canada et al

M.N was on bail awaiting trial for charges of possession of a controlled substance for the purpose of trafficking. M.N was driving through, what the police described as a high crime area, in Calgary Alberta, when he caught the eye of members of the Calgary Police Service members on patrol. M.N purportedly drove away from the area at a high rate of speed, and the police followed in pursuit. It is alleged that M.N sped through multiple intersections without stopping. Ultimately, the police officers caught up to M.N. and executed a traffic stop.

The police asked for the usual license, insurance, and registration, and from those documents, they confirmed M.N’s identity and the fact that he was on release for drug trafficking charges. They further learned that he was subject to a number of bail conditions, including a limitation to only possess one cell phone. As M.N. was gathering his documents for the police officers, they had noted that there were multiple cell phones in the vehicle. Consequently, they arrested M.N. for breach of his bail conditions and searched him incident to that arrest. They discovered a substantial sum of currency, which they believed was obtained through the commission of a crime. M.N. was charged with a criminal offence – possession of proceeds of crime, as well as breaching his bail conditions.

Although it is not illegal to possess large amounts of currency, if you are a person who is known to police, and you do not have proof of the source of the money, you run a risk of being charged with proceeds of crime, and then being forced to hire the best criminal lawyer you can afford to defend the charges. M.N. retained criminal lawyer Sean Fagan who is experienced in successfully defending these charges. Within weeks of Sean Fagan being on the case, he was successful at securing a stay of proceedings on all charges.