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Withdrawn

Domestic Assault Offence

Charges Withdrawn

W.B.

Mr. B had been involved in an argument with his girlfriend over the phone after she had come home from the bar. After attempting to calm her down, she refused to answer his calls or texts. As a result, he attended at her home and forced his way into the home. His intoxicated girlfriend came at him and a short physical altercation ensured. The neighbors called the police and soon thereafter our client was charged with Break and Enter and Assault. The consequences of a conviction for this serious indictable offence were considerable for our client, a third-year University student. Mr. Wyman entered not guilty pleas to the charges and set the matter down for trial. At trial, the truth about the incident came out and the charges against our client were dismissed.

Charges
Withdrawn

Miscellaneous

Charges Withdrawn

J.F.

Mr. F. contacted our office after being charged with break and enter as well as mischief to property. The incident was fairly innocuous but serious charges resulted. Our client was from out of town and met some friends for dinner. Prior to attending the restaurant, they parked his vehicle in a parkade. When they returned several hours later the parkade was locked. Rather that locate security, the elected to force their way in through a side door. When they drove to the exit the toll the barrier was down and he elected to drive right through it. Security cameras caught the entire episode and charges were eventually brought. Given that our client was a University student it was imperative that no record result. Mr. Wyman was able to work with the assigned prosecutor over the coming months and resolution was brokered whereby the client made restitution and completed charitable hours. Because of this his charges were withdrawn without the need for a trial.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

M.E.

Our client was a successful business owner who was staying at the Jasper Park Lodge when he went into town for dinner with a friend. After leaving the pub he was immediately pulled over by an RCMP officer who demanded a roadside sample. Mr. E. made numerous attempts to do so and was charged with the criminal offence of refusal when he failed to register a valid sample. The trial proceeded in Jasper Provincial Court where Mr. Wyman argued that the client had a reasonable excuse, that being he was having an anxiety attack. After presenting the Court with the applicable case law the presiding Judge acquitted Mr. E. of all criminal charges. As a result, Mr. E. walked out of the courthouse without a criminal record.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

J.G.

Our client was an elementary school teacher who had been charged with impaired driving and failing to provide a breath sample. She had no prior involvement with the criminal justice system. A cold night in October she had been at her boyfriend’s hockey game when she got a flat tire on her way to meet friends. Her boyfriend later arrived and assisted her with changing her tire in subzero temperatures. After the tire had been changed she went through a CPS Check-stop where she admitted to having a drink earlier in the evening. A roadside was requested and she was asked to exit her vehicle for this purpose. After numerous unsuccessful attempts, she was arrested and charged. The matter proceeded to trial on the basis that the client had a reasonable excuse for failing to provide a sample. Prior to trial, Mr. Wyman had procured medical evidence demonstrating that the client suffers from an iron deficiency which leads to a shortness of breath. After hearing the client’s testimony affiliated with this condition the court had no difficulty acquitting.

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

DUI Offence

Charges Withdrawn

B.M.

Our client retained Mr. Wyman after he had been charged with impaired and .08 offences. The client had been pulled over in a Checkstop where he was arrested and provided breath samples at the local District Office. While the file was a run of the mill impaired prosecution, Mr. Wyman identified a strong argument concerning the manner in which the officer administered the applicant’s Charter rights. When the matter proceeded to trial, the Crown recognized that issues existed. As such, it was decided that our client would make a charitable donation. Following B. doing so the charges against him were withdrawn.

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

DUI Offence

Charges Withdrawn

M.V.

M.V. was a single mother of two. Her ex-husband had a new girlfriend and the relationship with this woman was strained to say the least. The history had gotten to be such that an incident took place when the two got into an argument in a local retail store. During said argument it was alleged that M. assaulted the woman with a weapon. M.V. had no criminal record and ensuring no conviction was the priority. After dealing with a senior prosecutor a resolution was reached in which the client’s charges were withdrawn following a written apology.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

Y.E.

Our client’s Mercedes was pulled over in Banff after the officer purportedly observed traffic infraction. When a traffic stop was initiated the officer requested a roadside breath sample that he eventually failed. He was taken back to the Banff detachment where he provided 2 breath samples which exceeded the legal limit. Mr. Wyman requested production of the on-board camera from the officer’s cruiser. After reviewing the media, it became evident that no such driving infractions took place and the officer was merely trying to justify an arbitrary traffic stop. Crown counsel agreed and withdrew the charges in advance of trial.

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

Domestic Assault Offence

Charges Withdrawn

A.I.

Our client retained Mr. Wyman to represent him regarding domestic charges. During the course of an argument with his wife it was alleged that the client trashed the family home. The dispute purportedly involved Mr. I ripping the door from its hinges and throwing the television to the ground. It was also alleged that the incident occurred in front of the couples’ 2 young children, an aggravating factor. Mr. I was a professional engineer and avoiding a criminal record was imperative. Also, problematic for our client was the involvement of child and family services who at first wished to limit A’s access to his children. Mr. Wyman liaised with both CFS as well as the Crown’s office to navigate this prosecution. In the end, the client was able to successfully complete a counselling program that had been coordinated by our office. Once this had occurred Mr. Wyman was successful in having the charges withdrawn.

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.

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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