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
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DUI Offence

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S.F.

Ms. F., a repeat client, retained Mr. Wyman to defend her against impaired driving charges. Out client attended a local restaurant here in the city and collided with a parked car. Once inside the restaurant, other patrons became concerned that she was impaired. Calgary Police were called and an officer attended and placed Ms. F. under arrest. The file was set down for trial with Mr. Wyman filing a comprehensive brief alleging numerous violations of the client’s section 8, 9 and 10(b) Charter rights. On the eve of trial Crown counsel recognized that the likelihood of conviction was negligible and terminated the prosecution against our client.

Charges
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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Charges Withdrawn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
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Theft/Fraud Offence

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L.H.

Mr. H was a landlord here in Calgary. One of the tenants he rented to ran a trucking company. When the lease was up the tenant signed on for another year. Shortly thereafter, the tenant changed their mind and left without notice. When Mr. H. went to the home it had been extensively damaged. Such that H. and his family had to put tens of thousands of dollars to bring it up to code. Furthermore, the tenants continued to not honor the lease agreement. Sometime thereafter, a check arrived for the former tenants. Rather than forward it on, Mr. H. made the unfortunate decision to endorse the check to himself and deposit it into his account. To make matters worse, L. then contacted the former tenants and attempted to use the cheques as leverage to prompt payment. The plan backfired and L. was charged with Fraud over $5000, Forgery and Extortion. L. was a permanent resident and at the outset failed to appreciate the severity of the allegations. That said, his case was a sympathetic one. The sentencing Judge agreed and granted the client an absolute discharge. Given this outcome, the client was able to avoid a conviction on his record.

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Sexual Assault Offence

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C.L.

Our client, a permanent resident, was charged with sexual assault/sexual interference. It was alleged that C.L. routinely touched his 13-year old niece in a sexual fashion many years ago while they stayed in his home. Should the client be convicted of this offence, a jail sentence was certain, and he’d likely be deported from the country. While the file was initially set for trial, Mr. Wyman was able to negotiate a section 810 peace bond on the client’s behalf. This resolution resulted in the client completing counselling courses in exchange for the criminal charges being withdrawn. As a result of this disposition, the client was able to remain in the country with his family and avoid a criminal record.

Charges
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Miscellaneous

Charges Withdrawn

R. v. E.D

The client was charged with flight from police/dangerous driving following an incident in an Alberta park. Officers attempted to stop the client’s vehicle when he accelerated, striking one of them with his vehicle. A police helicopter was then called in and an hour-long chase ensued. During the pursuit, the client drove through numerous stop signs and stop lights at speeds exceeding 90 km/hr over the speed limit. Police ultimately dispatched a spike belt which resulted in all of the tires being flattened. When he continued to drive on the flattened tires, officers rammed the vehicle into the ditch. As no defence existed, a contested sentencing was held in which the Crown sought a 15-month jail sentence. Mr. Wyman was successful in keeping the client from jail, instead convincing the learned Judge to impose a Conditional Sentence Order. This sentence permitted the client to retain his job and serve the sentence while in the community.

Charges
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DUI Offence

Charges Withdrawn

B.B.

Mr. B. retained our office to represent him at trial in Strathmore. The charges were impaired operation and the client had been pulled over on his way home from work. Little did he know that an ex of his had contacted the police and reported him as a suspected impaired driver. A few kilometers from his house a traffic stop was conducted and a roadside breath test requested. A failure resulted and the client was placed under arrest. Our office filed a constitutional argument alleging that the officer improperly relied upon the fail reading on the roadside. The argument was a successful one and the client walked out of the courthouse without a criminal record.

Charges
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DUI Offence

Charges Withdrawn

J.P.

Our office was retained by Mr. P’s sister, a prominent lawyer. Mr. P.’s wife had called the police as her husband had passed out in his vehicle in front of their home. Officers attended and brought Mr. P. back to the RCMP detachment where he provided breath samples more than 3 times the legal limit (300 mg/%). Mr. P. was a professional and his livelihood was dependent upon ensuring an unblemished criminal record. At trial, our office filed written argument alleging that Mr. P’s constitutional rights were violated by police. It was argued that the officers lacked the grounds to arrest Mr. P. and further, their decision to keep Mr. P. in cells overnight constituted an arbitrary detention. In the end, the charges were withdrawn on the first day of trial.

Charges
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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
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Miscellaneous

Charges Withdrawn

T.W.

Mr. W. contacted our office after being charged with one count of obstruction of justice and 1 count of resisting arrest. It was alleged that Mr. W turned onto 17th avenue and nearly struck a police officer who was crossing the road. The officer slapped the side of the client’s truck and ordered him to stop. Not hearing the officer our client proceeded westbound down the road. Unbeknownst to him, the officer had entered his car and taken a variety of side streets to cut of our client’s truck. Sometime thereafter, the officer pinned our client’s vehicle with his cruiser. The officer alleged attempted to arrest our client and a struggle ensued. After reviewing the disclosure material, it became evident that it was the officer who was in fact in the wrong. After meeting with a prosecutor and having them review the media in relation to the matter the charges were withdrawn.

Charges
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Domestic Assault Offence

Charges Withdrawn

D.M.

Mr. M. was a high-ranking executive who had been charged with domestic assault arising from an incident in his Bearspaw home. Mr. M. had come home to find his girlfriend inebriated. An argument ensued and his girlfriend entered the wine cellar and began to break bottles from his collection. Mr. M. physically intervened and his girlfriend contacted the police. RCMP subsequently arrived and our client was charged with assault. After retaining our office, it became evident that a conviction would have a devastating effect on our client professionally. Furthermore, he travelled internationally frequently and owned a home in the United States. Ultimately the matter was set down for trial. At trial, it would be argued that the client acted in self defence and in defence of one’s property. After becoming aware of the problems with its case, crown counsel discontinued the prosecution against our client.

Charges
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DUI Offence

Charges Withdrawn

K.G.

Mr. G. was referred to our office by his father a retired police officer. Mr. G. had been charged with impaired/.08 offences following an accident on his motorcycle. The collision was a serious one that required the attendance of emergency personnel. Following an examination by EMS the officers brought our client to the police station where breath sample readings exceeded 200 mg/%. The client was a welder with no criminal record. After reviewing the disclosure material, it became apparent that no witnesses would be capable of establishing the time of driving, an essential prerequisite for admissibility of the Certificate of Analyst. The matter proceeded to trial where Mr. Wyman put the Crown on notice of this fatal flaw. As this piece of evidence could no longer be corrected the charges were withdrawn prior to the hearing’s commencement.

Charges
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Miscellaneous

Charges Withdrawn

C.T.

Our client was 22 years old with no criminal record. She was working out of Fort McMurray and went to Canmore with her boyfriend during her days off. After dinner, an argument ensued and she got out of her boyfriend’s truck. After exiting, she saw an RCMP member attempt to conduct a traffic stop. Her boyfriend took off and ultimately caused a major collision. When she arrived at the scene, she made the foolish decision to take off her boyfriend’s license plate. Police stopped her in the act and charged her with obstruction of Justice. While there is a significant risk of jail for such offences, our office was able to work with Crown counsel and negotiate a resolution whereby the client received a 6-month Conditional Discharge. This was a favorable result given that C avoided 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