C.S. was pulled over for running a red light on 17th avenue SW at approximately 2:00am. The police detected an odor of alcohol coming from the vehicle. C.S. maintained that she had not drank any alcohol and that the odor of alcohol was coming from her three intoxicated passengers, for whom she was the designated driver. A demand for a roadside sample of her breath was made and for whatever reason, C.S. was unable to provide a suitable sample. She …

D. A. had spent the day snowboarding and as he was driving from the ski hill he ran into a check stop. At the check stop it was noted that there was a smell of burnt cannabis coming from the vehicle. D. A. had glossy bloodshot eyes and the smell of cannabis was still present when D. A. got out of the vehicle. D. A. admitted to smoking cannabis 1 hour prior. A Standard Field Sobriety Test was administered, which …

The police received multiple calls about an impaired driver. Each of these calls detailed that the driver almost hit a child on a bicycle, that he was falling asleep at red lights, that he was running other vehicles of the road and that he was erratically weaving in and out of traffic. A civilian witness followed M.K.’s car into a cul de sac in a residential area and watched him fall asleep at the wheel of his vehicle in the …

F.J. was pulled over for running a stop sign at approximately 2:00am. The police detected alcohol on his breath, observed that he had slurred speech and alcohol was observed throughout the vehicle.  F.J. was arrested for impaired driving. The in-car audio visual recording showed that F.J. was less than courteous with police … this eventually led to an altercation in which the police were allegedly injured by F.J.  F. J. was charged with impaired driving, refusing to provide a breath …

The Calgary Police Service received a complaint that someone was illegally selling software (valued at $17,000) on Kijiji for $500.00. An investigation was started and the police ultimately purchased a copy of this software from a person they believed to be D.J.. In doing so they were directed to make an e-transfer to a specified account, which they did. A production order was obtained for the bank information relating to this account, which was in the name of D.B. A …

A member of the Calgary Police Service responded to a single motor vehicle crash where a vehicle had crashed into the center median in the City’s northeast due to icy conditions. The police arrived and spoke with S.A. about the crash. S.A. asked if he could sit in the police vehicle to stay warm, as it was -30’C. The police officer obliged and put him in the back of the police vehicle. While S.A. was seated there, the police ran …

E.K. was charged with possession of fentanyl. E.K. was an addict who had been using fentanyl for years and was eventually arrested when a cab driver called the police because she was passed out in the back seat of his taxi. When the police arrived they located the fentanyl on her person. In light of the well-publicized dangers of fentanyl, the Crown Prosecutor’s office had been asking courts to impose jail terms on those convicted of simple possession, even where …

S.T. was pulled over for failing to signal and for apparently swearing at the police as he drove by. The police smelled fresh raw marijuana and proceeded to ask S.T. questions relative to the existence and quantity of same. This was all captured on the police in-car audio-visual recording system and disclosed to defence. The police found what was described as a “moving pharmacy” – S.T. was charged with illegal possession of clonazepam, diazepam, oxycodone, oxycontin, apo-oxycodone-aceaminphen, morphine, oxycocet and …

For the third time in two years M.J. was charged with a litany of offences relating to the alleged possession of and trafficking in cocaine. Each time Ms. Fagan successfully secured his release on bail. For M.J.’s third arrest he retained the services of another lawyer for the purposes of bail and was ordered detained in custody by the presiding Justice of the Peace. He then retained Ms. Fagan to conduct a bail review. BOTTOM LINE: Ms. Fagan successfully obtained …

C.A. was charged with robbery contrary to section 344 of the Criminal Code; aggravated assault under s. 268 of the Criminal Code and uttering death threats contrary to s. 264.1 of Criminal Code. The complainant alleged that C.A., who he knew socially, attacked and robbed him in an alley leaving him with devastating and permanent damage to his face. C.A.’s position was that the fight was consensual and there was no robbery. BOTTOM LINE: Ms. Fagan was able to get …

M.J. faced twenty-two (22) charges which included possession of proceeds of crime and trafficking in cocaine. On ten occasions M.J. was alleged to have sold cocaine to an undercover police officer over the course of seven months. Most of these transactions were captured in a high quality audio-visual recording in which the seller (allegedly M.J.) was clearly identifiable. The challenges that this presented from a Defence perspective were obvious. The Crown’s position on sentence for a pre-trial guilty plea was …

Z.R. was out at a local drinking establishment one night when he and his friends allegedly exchanged words with a group of intoxicated women. Z.R. and his friends left the bar in a vehicle. They were followed by the complainant and her friends in a second vehicle. After being followed for several blocks all parties exited their vehicles at a stop light and further words were exchanged. Ultimately, one of the females ended up needing significant dental work after an …

A.D. was driving along the TransCanada Highway heading east when he was pulled over by members of the RCMP. When they approached the vehicle to speak with A.D., the driver and lone occupant, the officers sensed that he was nervous and noted what they believed to be several indicia of a person transporting drugs including that he was driving a rental car which was rented for a short period of time, and was travelling from a “source” Province to a …

Police observed J.C. fail to stop at a stop sign. When they pulled him over he was unable to produce his vehicle documentation and the police detected alcohol on his breath. J.C.’s partner was in the vehicle and advised the police that J.C. had been drinking. J.C. was asked to and did provide a roadside sample of his breath, which showed a FAIL and gave the police the ostensible grounds to arrest him. He was taken to the police station …

Members of the Calgary Police Service conducted a traffic stop on a vehicle when the driver failed to signal before turning. M.A. was seated in the back seat of the vehicle. The police noted indicia consistent with the possession of drugs – an odor of marijuana, nervousness and evasiveness by the occupants of the vehicle. The driver and M.A. were arrested. A bag of 61.9g of crack cocaine was located in a bag draped around M.A.’s shoulder along with two …

G.A. was charged under s. 268 of the Criminal Code with aggravated assault (i.e. one step below manslaughter) following a “brawl” outside of a local bar. The police alleged that G.A. had kicked the complainant in the head and permanently paralyzed him from the neck down. There were multiple witnesses, and the kick and subsequent paralysis was captured on CCTV video. If convicted G.A. faced significant jail time. The matter was scheduled for a preliminary inquiry. In advance of the …

N.R. was facing almost 30 charges stemming from multiple seperate investigations, in three different jurisdictions. In one rural Alberta town he was alleged to have driven by a police officer going double the speed limit and a police chase ensued. They ultimately traced N.R. to a residence which the police entered and searched finding a loaded handgun and cocaine. N.R. was charged with a number of firearm offences and possession of cocaine for the purpose of trafficking. He was released …

B.M. was charged with a single count of sexual assault. B.M. and his friends met two women at a liquor store. They invited them to drink in their hotel room and as a group they later went out to a local bar. When the bar closed, the group including two women returned to the hotel room. One of the women alleged that B.M. had non-consensual sexual intercourse with her at that time. The other woman told police that she had …

W.O. was charged with sexually assaulting one of his employees, contrary to s. 271 of the Criminal Code. This alleged sexual assault was captured on video. W.O. retained Ms. Fagan initially for bail and later for trial. BOTTOM LINE: Ms. Fagan was able to secure W.O.’s release on minimal conditions promptly following his arrest.

In early 2017 the Calgary Police Service was involved in an undercover drug investigation targeting V.H.. The police eventually made an evidentiary purchase of cocaine from V.H. (allegedly), which was captured on film. Further attempts were made to purchase cocaine by the police without any luck for several weeks. Finally a second transaction was arranged. When V.H. attended for the meet the police arrested him and searched his vehicle. There they located large amounts of cocaine, marijuana and cash. V.H. …