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Withdrawn

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Charges Withdrawn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Withdrawn

DUI Offence

Charges Withdrawn

M.B.

Our client was employed as the head chef at a highly successful Calgary Restaurant. While on his way home from work, he was stopped by officers for speeding. When they came to his window, they detected the odor of alcohol and the client had difficulty communicating. Mr. B. was then placed under arrest for impaired operation of a motor vehicle and taken to the local detachment. After being given an opportunity to speak with a lawyer he refused to take the breath test. M. B. was a past client who had previously been charged with Impaired driving. We successfully dealt with his first set of charges so he thus had no criminal record. With respect to this matter, it was a strong Crown case. As such, Mr. Wyman was able to procure enrollment for Mr. B. at a comprehensive rehabilitative treatment program. After completing the program, Mr. Wyman was able to negotiate a curative discharge whereby the client completed court ordered counseling and received no criminal record.

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Withdrawn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Charges Withdrawn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

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

Sexual Assault Offence

Charges Withdrawn

P.B.

Our client and his brother were charged with several sexual offences resulting from allegations made by his sister to the authorities. The charges were the most serious imaginable and included counts of incest. The purported incidents were historical in nature as they were said to have occurred more than 20 years ago. The matter was set down for a weeklong trial in the Court of Queen’s Bench. During this heated affair, Mr. Wyman caught the complainant in numerous inconsistencies and ultimately erased any form of credibility that she had before the Court. Furthermore, after being meticulously prepped, Mr. B.’s testimony was flawless and unshaken in cross-examination. When it came time for oral argument, Crown Counsel invited an acquittal of both brothers.

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

T.C.

Mr. C was charged with sexual assault following a night of drinking at a female friend’s house. Both consumed a great deal of alcohol and it was alleged that T kissed and groped the complainant without her consent. T had a supportive family and no prior criminal record. The collateral fall out from a sexual assault conviction would be devastating for this young man. After plea negotiations with the assigned Crown Prosecutor, the sexual assault charges were dropped and Mr. C plead guilty to the offence of common assault. After doing so, despite the Crown asking that a conviction being entered on his record, Mr. Wyman was able to persuade the presiding Judge to impose a conditional discharge. This was a fantastic result for the client and ensured that he would not have a criminal record for this unfortunate incident.

Charges
Withdrawn

Assault Offence

Charges Withdrawn

B.B.

Another repeat client, Mr. B. was charged out of Fort Saskatchewan with assaulting a peace officer. After a night of drinking it was decided that a friend would drive Mr. B.’s truck home. While on route the truck was pulled over by officers and an impaired investigation was conducted. During the incident, our client exited his vehicle to have a cigarette. He then made the unfortunate decision to intervene. The officers directed him to get back in the vehicle several times and he refused. When he did not they attempted to place him under arrest and it was alleged that he assaulted the officer. Mr. B. had no criminal record and was now facing a jail sentence. Here, the legal argument focused on whether the client was arrestable in the first place. It was argued that the client was certainly being belligerent to the officers yet this did not provide sufficient grounds to legitimize the arrest. As the arrest was unlawful, it was argued that the altercation with the officer ought be excluded from evidence. In the end the Crown agreed and withdrew the charges without the need for a trial.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

B.B.

Mr. B was charged with impaired driving after multiple individuals contacted the RCMP regarding a suspected impaired driver near Strathmore on Hwy 1. Officers located the vehicle and conducted a traffic stop. After interacting with the driver an arrest was made and the client provided breath samples that were almost 3 times the legal limit. Mr. B retained our office as we had previously been successful at trial for his son with respect to an impaired driving file. While the case seemed unwinnable, Mr. Wyman identified an unlawful arrest argument which would exclude the breath samples if successful. The plan worked out and Mr. B. still has no criminal record.

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.

Charges
Withdrawn

Sexual Assault Offence

Charges Withdrawn

S.A.

Mr. A. hired Mr. Wyman to defend him with respect to a sexual assault charge. The complainant was our client’s longtime ex-girlfriend. Following their separation Mr. A. had brought some belongings by the complainant’s home. When he attended to do so it was alleged that non-consensual sex ensued. When officers took him into custody Mr. A. made several remarks that could be deemed incriminating in nature. The stakes were high as a prison sentence was an inevitability if convicted. At trial, Mr. Wyman was able to successfully have the client’s statement thrown out. Following this Crown counsel was anxious to attempt to resolve the file by way of a guilty plea to a lesser included offence. When this was denied a deal was worked out by Mr. Wyman whereby the client would complete a counseling program. Once this was done the charges were withdrawn.

Charges
Withdrawn

Miscellaneous

Charges Withdrawn

M.P.

Our client was charged first degree murder because of an incident that arose at a rural New Year’s Eve party. It was alleged that the client and his co-accused attended the house party, beat and kidnapped the deceased in their truck. The victim was subsequently found a week later by RCMP in a forested area. The matter proceeded to a Preliminary Inquiry where we were successful in persuading the presiding Judge to not commit the client to stand trial for first degree murder. In the weeks leading up to trial, our office was able to convince the Crown to accept a plea to the lesser included offence of manslaughter, thereby sparing the client a lifetime sentence.

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