Recent Cases

A full service defence firm

Calgary Criminal Defence Lawyers Success Stories

Our practice is devoted to the defence of those charged with Criminal Code offences. We have experience with files ranging from shoplifting to murder and have appeared in all levels of court within the province of Alberta, as well as before the Supreme Court of Canada. While we pride ourselves on our trial work, many of our cases are resolved without the client having to make a court appearance. That said, a firm is only as good as the results they deliver. Below are some recent cases that have been handled by our office.

Charges
Withdrawn

Theft/Fraud Offence

Charges Withdrawn

S.C.

Our client was a Masters student at a local University. While a wonderful student, Ms. C had amassed 2 separate shoplifting charges over the span of 2 weeks. These charges posed devastating consequences to our client’s employment career. Cognizant that the client needed assistance emotionally, our office coordinated an intensive counseling program. The client made great strides with respect to self-betterment. After completing the program the Prosecution agreed to withdraw the charges against Ms. C.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

K.R.

Mr. R. was a financial trader here in town who had no experience with the criminal justice system. Following a recreational hockey game, he partook in some drinks with his teammates. Upon returning home, he collided with another vehicle at a stop sign. The other motorist believed he may be inebriated and called the police. Once on scene officers placed Mr. R. under arrest and charged him with impaired operation. After being retained Mr. Wyman obtained the disclosure material which revealed a fatal error by the officers involved. After contacting the assigned Crown prosecutor, the charges were withdrawn shortly after the first appearance.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

C.V.

Mr. V. retained our office to represent him regarding an impaired driving matter. Our client had been out with friends having beers when he was stopped on his way home. Mr. V. failed the roadside and was brought back to the police station where he provided breath samples in excess of the legal limit. The matter proceeded to trial where Mr. Wyman filed a constitutional argument alleging that the officer had improperly conducted the roadside breath test. Specifically, it was alleged that the client was subjected to a de facto arrest when he was placed into handcuffs and taken to the back of the police cruiser for samples. It was argued that the sample should be excluded as the client did not receive his section 10(b) rights to counsel prior to performing the test. The novel argument was a successful one and our client avoided a criminal record.

Suspension
Overturned

DUI Offence

Suspension Overturned

B.S.

We were hired to represent Mr. S. when he had been pulled over and issued a driving suspension for impaired operation of a motor vehicle. The suspension was appealed and argued by Mr. Wyman in front of an administrative panel. The client had been pulled over by the officer for having burnt out tail lights. In his discussion with Mr. S., he detected an odor of alcohol and placed him under arrest. Back at the police station, the client attempted to contact a lawyer but then changed his mind and ultimately provided breath samples. Mr. Wyman argued that the brevity of the investigation made the detention arbitrary in nature. It was further argued that the officer ought to have provided a formal waiver of the right to counsel to the client after he had changed his mind about talking to a lawyer. The panel agreed with Mr. Wyman and the administrative driving suspension was overturned.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

D.C.

Mr. Wyman represented Mr. C. in his matter for over 8 years. As a younger man, Mr. C. was convicted of impaired operation of a motor vehicle causing death. At the sentencing hearing in 1992 Mr. C. received a penitentiary sentence and a lifetime driving prohibition. After serving more than 10 years of the driving prohibition a client can apply to the Parole Board of Canada to have their driving prohibition cancelled. To satisfy this application it must be established that undue hardship exists and that the public would not be placed in harm’s way through the cancelation of the prohibition. Mr. C. had previously submitted such and application without representation and once through another lawyer. Both applications were unsuccessful. Once retained Mr. Wyman procured assessments from well recognized forensic Psychologists that deemed the client to be low risk to reoffend. Notwithstanding this our application was denied. That said, an oral appeal was granted whereby Mr. Wyman appeared in front of the Parole Board and provided submissions. At this level of proceedings, we were successful. After 25 years without a license our client could get back on the road.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

J.T.

Mr. T was charged with impaired driving and had no criminal record. He intended to plead guilty but was persuaded by a family law lawyer to speak with our office. After speaking with Mr. Wyman, he retained our services and the matter was set down for trial. Upon review of the file, our office identified a deficiency with the Certificate of Analyst that would prohibit its entry into evidence at trial. A novel argument also existed with respect to legitimacy of the stop. The issues which arose were sufficient to convince the prosecution to discontinue the prosecution. Instead of pleading guilty at the first occasion, Mr. T continues to maintain an unblemished criminal record.

Charges
Withdrawn

Miscellaneous

Charges Withdrawn

R.B.

Another former client, Mr. B hired our office to assist with new charges he had incurred. Mr. B. was employed as a sheriff under the Provincial regulations. His job entitled enforcing judicial orders and seizing property of debtors. The charges he had incurred all dealt with the offence of Impersonating a Police Officer. It was alleged that on multiple occasions throughout the city, our client had represented himself to others as an officer and had in fact brandished a prohibited handgun consistent with that of CPS officers. The matter was set for trial and hinged on statutory interpretation affiliated with the roles of an officer and the duties of a sheriff under the relevant regulations. Ultimately our office was successful and the charges were dismissed.

Charges
Withdrawn

Sexual Assault Offence

Charges Withdrawn

E.C.

Our client was a 72-year-old grandfather with no criminal record. His world was turned upside down when one of his granddaughters alleged to police that he had touched her in a sexual manner a number of years earlier in a Calgary hotel room. The trial lasted 3 days and required the testimony of multiple child witnesses. Cross-examination of a complainant in a sexual assault case is an exceedingly delicate and difficult task in the most favorable of circumstances. This is especially so in a case involving minors recounting difficult subject matter. Following a considerate yet firm cross-examination of the complainant, the presiding Queen’s Bench Justice acquitted E.C. of sexual assault and sexual interference.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

K.B.

Our client was a youth pastor from the United States. He was here in Canada on a work visa with a local church. After a night of drinking at a friend’s home, K. elected to stay the night as he shouldn’t be driving. When he woke up in the morning he proceeded home and was stopped by a Cochrane RCMP officer following a perceived traffic violation. When the officer smelled alcohol, a roadside breath test was requested. The client declined to blow as he feared that he may be over the limit. While the client was not facing jail, the stakes were truly high on account of the client’s profession and the immigration consequences. Ultimately, at trial it was argued that the officer violated Mr. B’s constitutional rights to be free from unreasonable search or seizure. The argument was a persuasive one as the criminal charges against him were dismissed.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

J.H

The client was 18 years old with no prior criminal record. He was observed by Banff RCMP with an obstructed license plate. When a traffic stop ensued, officers noted indicia of impairment and requested a roadside breath sample. When a “fail” was registered on the device, the client was arrested for impaired operation of a motor vehicle and brought to the RCMP detachment for breath testing. The client ultimately provided 2 breath samples at the detachment, both of which exceeded .08 mg/%. At trial, Mr. Wyman argued that the client’s section 10(b) Charter rights had been violated, in that the client was not given an adequate opportunity to speak with counsel. This argument carried the day and resulted in our client walking away with an unblemished criminal record.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

T.B

The client, a northern Alberta welder, was charged with his 5th impaired driving offence out in Peace River. Should a conviction follow, the client was looking at a very lengthy jail sentence. Prior to trial, Mr. Wyman filed written argument, alleging that the client’s arrest was unlawful and that the breath samples procured (which were more than 3 times the legal limit) ought to be suppressed. The argument focused on the brevity of the officer’s investigation as well as the lack of indicia of impairment which on which the officer grounded the arrest. Notwithstanding the high blood alcohol readings and the prior convictions, this argument carried the day. All charges against the accused were withdrawn.

Charges
Withdrawn

Sexual Assault Offence

Charges Withdrawn

A.F.

Mr. F. was charged with sexual assault in relation to an incident that took place in his Banff apartment. It was alleged that our client sexually assaulted his roommate following her return from work one evening. Mr. F retained our services as he was adamant that nothing improper took place. A. had no prior record and was facing a jail sentence as well as registration on the Sex Offender Registry if a conviction resulted. Mr. Wyman entered not guilty pleas and the matter was set down for trial. After meticulous preparation for trial our office came through for the client. Mr. F. is now able to walk the streets of his home town without a criminal record.

Learn more about Batting, Wyman

Batting, Wyman was founded upon counsel recognizing the need for a different type of criminal defence firm in our city. One focused on professionalism, availability, and the quality of work. These are our office’s core values, upon which we’ve built the reputation we carry throughout this province. We represent clients charged with all forms of criminal matters, with a focus upon impaired driving offences and sexual assault charges. Regardless of the offence, we will take control of this often foreign situation and will provide guidance to achieve the most favorable outcome. Given the consequences affiliated with a conviction, it is imperative that you leave nothing to chance. Contact our office today

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