Prosecution: Criminal Mischief

Result: Criminal Charges withdrawn

Regina v. X.X. – January 2019

Lawyer: Sean Fagan

Charge: 430(1)(a) of the Criminal Code of Canada

X.X.. was charged with criminal Mischief as a consequence of a road rage incident in Calgary, AB. X.X.. was travelling down a major throughway in Calgary, when a vehicle changed lanes directly in front of him, nearly missing X.X.’s vehicle and requiring X.X. to suddenly hit the brakes to avoid a collision. X.X.. was then alleged to have tailgated the vehicle, causing the driver of the other vehicle to slam on the brakes numerous times.

X.X. then went to pass the vehicle, and at this time X.X. was alleged to have thrown a full, bottled beverage from his vehicle through the open driver’s side of the other vehicle, striking a window and cracking it. Of course this is only one version of the events, but one version is all that is required for a criminal charge to be laid against someone. The police lay the charge, and leave it to the Courts to sort out the truth.

X.X.. was alleged to have driven from the location of incident, and the driver of the other vehicle called the police. Ultimately, the police tracked down X.X. at a different location, now outside of his vehicle. The police questioned X.X., without having given him the benefit of talking to a lawyer, and without telling him that he was under investigation for a criminal offence. In the course of that conversation, X.X. provided the police with sufficient information for them to believe that he was the driver of the vehicle, and consequently he was charged with the criminal offence of mischief. This demonstrates the importance of talking to a criminal lawyer before speaking to the police. If X.X. didn’t speak with the police, they likely would not have had sufficient evidence to lay the charge against him.

X.X. retained the services of criminal defence lawyer, Sean Fagan, who was successful at having the criminal charge before the Court withdrawn, without having to schedule a trial date.