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Withdrawn

DUI Offence

Charges Withdrawn

D.B.

Mr. B. contacted our office after being charged with refusing to provide a breath sample. The client had relatively few defences but instructed our office to proceed to trial as he did not have a criminal record. At trial, the primary officer was asked if he could identify the type of roadside screening device that was used in the investigation, he could not. Crown counsel then sought to assist the officer by posing a question that suggested the appropriate answer. Mr. Wyman properly objected as the question was leading and impermissible. The trial judge agreed and the crown was unable to establish that the roadside sample was taken from an approved device. As such, the charges were withdrawn mid trial. This case is an example that anything can happen at trial. The result was unexpected by obviously welcomed by our client.

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Withdrawn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Charges Withdrawn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Withdrawn

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Charges Withdrawn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.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

A.W.

Our client was found asleep in his vehicle in the early afternoon outside his apartment complex in Airdrie. Concerned citizens called 911 which prompted the RCMP to intervene. Once on scene, officers attempted to rouse A without success. After numerous efforts, the client came to and the officers detected and odor of alcohol and significant indicia of impairment. A roadside breath demand was requested and the client adamantly refused. Mr. W. was then charged with impaired operation and refusal to provide a breath sample. On account of prior convictions for impaired driving, the client was looking at a mandatory jail sentence if convicted. As this was a strong case for the Crown, Mr. Wyman got the client enrolled in residential treatment. Following his completion of the residential treatment, the prosecution discontinued the prosecution.

Charges
Withdrawn

Sexual Assault Offence

Charges Withdrawn

I.S.

Our client was a middle-aged business professional who had been charged with historical sexual assault allegations against his wife. The couple had engaged in a Bondage, Dominance, submission, sadomasochism (BDSM) relationship. Following the couple’s separation, the complainant asserted that she was forced into this relationship against her will by our client. The allegations were extremely serious as the complainant alleged that the client had burned her with cigars, cut and confined her. The matter was set down for a 2-week trial in which Mr. Wyman cross-examined the complainant for a day and half, catching her in numerous inconsistencies. On account of said cross, the client was acquitted of all charges.

Charges
Withdrawn

Youth Offence

Charges Withdrawn

Y.P.

We were contacted by a Professional Engineer and his son regarding charges that had been laid under the Youth Criminal Justice Act. Y was an excellent grade 11 student who had been charged with vandalizing another student’s car. The family was very involved from the outset and wished to make amends. Early in the court proceedings Mr. Wyman was able to convince Crown counsel to withdraw the charges following restitution being made.

Charges
Withdrawn

Theft/Fraud Offence

Charges Withdrawn

M.C.

A former client had returned with new charges of theft under $5000. It was alleged that Ms. C had attended a grocery store in town and left without paying for a great deal of merchandise. The client had prior charges that had been successfully dealt with. As such she had no Criminal Record. A plea bargain was reached whereby the client would make a charitable donation and would in exchange have her criminal charges withdrawn. The client made the donation and consequently can say she has a clean criminal history.

Charges
Withdrawn

Domestic Assault Offence

Charges Withdrawn

J.B.

After observing an argument between his mother and her boyfriend, our client made the unfortunate decision to intervene with a walking staff that was situated in the home. During the altercation, he struck the man dozens of times which resulted in significant injuries to the boyfriend and resulted in hospitalization. J.B. was subsequently charged with assault with a weapon and faced certain jail time if convicted. After hiring our office, a plan was formulated in which the client completed comprehensive anger management counselling. After doing so, Mr. Wyman solicited the help of a senior prosecutor who ultimately agreed to withdraw the charges.

Charges
Withdrawn

Miscellaneous

Charges Withdrawn

C.L.

This client was referred to our office by a prominent Calgary lawyer. The client had and a longtime friend went out for a night on the town. After spending many hours drinking in a local bar they set out to walk home. Given their state of intoxication they made the unfortunate decision to begin smashing windshields on the cars parked along the road. Police were contacted and both were charged with 6 counts of mischief to property. Ultimately our officer was able to broker a deal whereby the clients were able to make restitution and complete community service hours. After providing the Crown proof of this the charges were withdrawn.

Charges
Withdrawn

Miscellaneous

Charges Withdrawn

J.F.

A senior lawyer in the city was charged with breaching a no-contact order with his then wife. The client had been referred to our office by other civil counsel. While the charge itself was relatively minor, the implications of a conviction were considerable given the client’s good standing with the law society. Mr. Wyman was successful in convincing Crown counsel that there was little public interest in this prosecution, thus resulting in the charges being withdrawn.

Not
Guilty

Sexual Assault Offence

Not Guilty

D.K. and A.K.

Our office represented a husband and wife that were charged with the offences of uttering threats and sexual interference with a minor. The allegations were serious and involved allegations of sexual touching that had supposedly taken place at a family function years earlier. The case was historical in nature and hinged on credibility. The clients were emphatic that nothing inappropriate had occurred and the matter proceeded to a week-long trial. During lengthy cross-examination, the complainant was adamant that she had disclosed the incident to her Junior High gym teacher and received counselling from him to this effect.  Unbeknownst to her, Mr. Wyman had located and subpoenaed her former teacher who testified for the defence. After hearing the teacher’s evidence that nothing of the sort had been disclosed, the trial judge acquitted both clients of these extremely serious charges.

Charges
Withdrawn

Sexual Assault Offence

Charges Withdrawn

G.W.

Our client was charged with sexual assault with a weapon following an incident at a Calgary park. It was alleged that our client threatened a woman with a knife and forced her to the ground while touching her in a sexual fashion. The client had no criminal record and was facing 4 years in Jail if convicted. Appreciating the jeopardy involved, a Preliminary Inquiry was scheduled where Mr. Wyman was able to reveal many holes in the crown’s case in his cross-examination of the witnesses. Ultimately, the Crown made numerous concessions and the client pled guilty to an amended offence which did not involve jail time.

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