21. Regina v. D.I. [Provincial Court of Alberta, Calgary – September 2014]

During the course of a street level police undercover operation DI allegedly sold a small quantity of cannabis marijuana to an undercover officer. At first glance DI would appear to have been “dead in the water” but because the Crown adopted a harsh stance relative to sentence (i.e.: “jail”) we had nothing to lose by entering a plea of not guilty and making the Crown prove its case. Bottom Line: As the trial date approached the Crown was faced with …

22. Regina v. D.E.M. [Provincial Court of Alberta, Calgary – September 2014]

Police pulled DEM over for tinted windows and not wearing a seat belt. As the police approached DEM’s vehicle they detected the overwhelming scent of marijuana. The police arrested DEM and a subsequent search of the vehicle resulted in the seizure of a number of oxycodone (morphine) pills and a small quantity of marijuana. DEM was charged with two counts of possession of a controlled substance. Bottom Line: Patrick Fagan was successful in resolving this prosecution in a manner which …

23. Regina v. P.D.L. [Provincial Court of Alberta, Calgary – September 2014]

PDL entered a residence that was the target of surveillance by the “Guns and Gangs Unit”. The police observed PDL depart the residence carrying a bag and when they took him down they discovered the bag contained a half pound of cannabis marijuana and approximately $1,000.00. The police charged PDL with possession of marijuana for the purpose of trafficking and possession of proceeds of crime. Pleas of not guilty were entered to both charges and a trial scheduled. Bottom Line: …

24. Regina v. S.S.I. [Provincial Court of Alberta, Calgary – September 2014]

Police conducted a “routine” check on a suspicious vehicle parked in a high-crime area. As they approached the vehicle they detected a strong odor of marijuana whereupon all four occupants of the vehicle (including SSI) were placed under arrest for possession of marijuana. According to the police SSI admitted to just smoking a joint. A police search of the vehicle revealed six individually wrapped baggies of cannabis marijuana; according to the police, SSI claimed ownership of that marijuana. Not surprisingly, …

25. Regina v. A.M.A. [Court of Queen’s Bench of Alberta, Calgary – September 2014]

AMA was the target of a drug investigation initiated by the Street Enforcement Team. During the course of a 3 month investigation the police conducted extensive surveillance during which they observed activity consistent with drug trafficking. At the conclusion of the investigation AMA was arrested and his home was searched by way of warrant. As a consequence of that search the police seized over half a brick (kilogram) of cocaine, approximately $110,000.00 cash, 4 electronic scales, score sheets, a money …

26. Regina v. XXX [Court of Queen’s Bench of Alberta, Calgary – September 2014]

XXX was charged with 11 counts of direct trafficking in n-methyl-3,4-methylenedioxyamphetamine to an undercover officer, 10 charges of possessing proceeds of crime, 3 weapons offences and 2 counts of possession for the purpose of trafficking. Patrick Fagan was successful in killing (securing discharges) on 16 of the charges at preliminary inquiry. The remaining 9 charges were scheduled for trial. Bottom Line: As a consequence of insurmountable witness problems this prosecution was resolved in its entry by way of the entry …

27. Regina v. E.O. [Provincial Court of Alberta, Calgary – September 2014]

During the course of surveillance the police observed what they believed to be three separate drug (cocaine) transactions involving the same vehicle. Consequently, the police stopped that vehicle and arrested the four occupants. A search of the vehicle failed to turn up any cocaine but a search of EO revealed the presence of approximately $8,000.00 cash. The police charged EO with possessing proceeds of crime. Bottom Line: Through negotiation Patrick Fagan was successful in resolving this prosecution by way of …

28. Regina v. M.M.M. [Court of Queen’s Bench of Alberta, Calgary – October 2014]

The police received a tip from a confidential source that there was a marijuana grow operation in the residence of MMM and his roommate. Consequently, the police conducted an investigation involving extensive surveillance and the installation of a DRA device to measure the electrical draw and cyclical patterns within the target residence. The police thereafter obtained a warrant to search the premises and upon entry located a sophisticated three stage marijuana grow operation with approximately 422 mature plants valued at …

29. Regina v. D.P.J. [Court of Queen’s Bench of Saskatchewan, Regina – October 2014]

Client was the target of a lengthy sophisticated police investigation involving the execution of multiple warrants to search (including authorized covert entries), the interception of text messages by way of judicially authorized production orders, extensive surveillance, etc., etc. Police made seizures in relation to the trafficking of multiple kilograms of cocaine and marijuana. DPJ was charged (along with a co-accused) with possession of cocaine (and marijuana) for the purpose of trafficking and possessing proceeds of crime (approximately $25,000.00). DPJ retained …

30. Regina v. A.S. [Provincial Court of Alberta, Calgary – October, 2014]

Client charged with possession of marijuana for the purpose of trafficking and possessing proceeds of crime as a consequence of events which occurred back in March 2010. Patrick Fagan actually secured verdicts of not guilty on all charges at trial back in February 2012 (see 2012 Cases at case #3) but the Crown successfully appealed those verdicts which resulted in the rescheduling of a new trial in Provincial Court. Bottom Line: After well over 4 years of litigation and protracted …

31. Regina v. B.D.D. [Provincial Court of Alberta, Lethbridge – November 2014]

BDD was charged with possession of multiple kilograms of marijuana for the purpose of trafficking, possession of ecstasy and possessing proceeds of crime. BDD was the target of a 9 month sophisticated investigation involving the execution of multiple production orders, tracking warrants, warrants to search, a forensic audit and extensive surveillance. Bottom Line: Patrick Fagan rejected an offer of 15 months imprisonment in exchange for a guilty plea to possession of marijuana for the purpose of trafficking and scheduled the …

32. Regina v. M.E.A. [Provincial Court of Alberta, Calgary – December 2014]

While conducting surveillance on an unrelated investigation the police observed a suspicious vehicle in a theater parking lot. When the police approached the vehicle they detected the scent of burned and fresh marijuana. Consequently, the police arrested MEA for possession of marijuana and conducted a search of the vehicle. That search yielded 5.1 grams of marijuana. MEA waived his right to a lawyer and thereafter provided the police with a statement claiming ownership of the marijuana. Not surprisingly . . …