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Withdrawn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Charges Withdrawn

S.C.

An unusual case as our client had been charged with 2 instances of impaired operation on the same day. Mr. C was observed drinking in his boat with friends and driving it in an aggressive fashion. The concerned citizens contacted police who subsequently attended and located our client pulling his boat out of the water with his truck. A roadside breath test ensued which our client failed. He was subsequently charged with operating the boat while impaired as well as operating the vehicle. A somewhat novel case, it was fraught with problems for the Crown. After setting the matter down for trial a resolution was reached whereby the client pled guilty to the bylaw offence of consuming alcohol on a vessel pursuant to the Gaming and Liquor Act. The fine was nominal and the client avoided a criminal record.

Charges
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DUI Offence

Charges Withdrawn

H.G.

Mr. G. was a class 1 truck driver who had been charged with impaired operation of a motor vehicle. Mr. G. had rear ended a vehicle at a Calgary intersection and fled the scene. One of the witnesses procured his license plate number and contacted the authorities. Police located Mr. G. outside his home with fresh damage on his car. After speaking with him he was heavily intoxicated and placed under arrest for impaired operation and leaving the scene of an accident. He was also charged with refusing to provide a sample after he declined to do so. Recognizing the strength of the Crown case Mr. Wyman immediately coordinated a residential treatment program for the client. After battling his sobriety for countless years, H. was now sober. Given his progress, our office was able to convince crown counsel to impose a curative discharge which ensured that the client not receive a criminal record.

Charges
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DUI Offence

Charges Withdrawn

T.V.

Mr. V. retained Mr. Wyman after he had been charged with impaired operation of a vehicle outside of Airdrie. The officer in question pulled our client over on a range road because concerns he had with respect to Mr. V’s overhead truck lights. After initiating the traffic stop the officer noted indicia of impairment and ultimately brought the client back to the RCMP detachment for breath samples. At trial Mr. Wyman filed a constitutional argument alleging that the traffic stop was an arbitrary one in that the Traffic Safety Act nor the common law permitted a detention for the reasons suggested by the officer. The Crown agreed and withdrew the charges prior to the trial’s commencement.

Charges
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Theft/Fraud Offence

Charges Withdrawn

M.C.

Our client was charged with theft under $5000 because of an incident that took place at Market Mall here in Calgary. M. was a young mother who had attended a Hudson’s Bay store and walked out without paying for 2 shirts. When confronted by security she immediately apologized and offered to pay for the items. This request was refused and the police were contacted. After retaining our office Mr. Wyman was able to meet with an experienced Crown in order to explain the misunderstanding. Consequently, the charges were withdrawn after 3 court appearances.

Charges
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DUI Offence

Charges Withdrawn

C.H.

Mr. H. had come to see our office after another prominent impaired driving lawyer had indicated that he had an unwinnable case. After consuming 12 pints of beer during a workday at a downtown patio, Mr. H. made the unfortunate decision to drive home. He was stopped for speeding on Stony Trail and the officer requested a roadside breath sample. Mr. H. declined and the officer placed him under arrest for refusing to provide a breath sample. After meticulously reviewing the disclosure material Mr. Wyman set the matter down for trial and filed written argument alleging that the officer violated our client’s section 10(b) right to counsel. At trial, after winning this argument Crown Counsel invited an acquittal.

Charges
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Domestic Assault Offence

Charges Withdrawn

M. V.

M.V. was a former client that had retained our office 3 times previously. While her criminal record was extensive, she had made tremendous strides in self betterment. The client was charged with numerous domestic assault and mischief to property charges. The most serious charge was an allegation that she struck a minor while in her boyfriend’s home, a fact which she vehemently denied. The Crown sought Jail and the matter was set down for a 2-day trial. In Calgary, multiday trials require a pre-trial conference. At these conferences, Crown and Defence lawyers sit down with judges to narrow the legal issues. Mr. Wyman used this pre-trial conference as an opportunity to persuade the prosecutor as to the legal arguments that would be advanced at trial. Following this meeting, the Crown elected to terminate the prosecution.

Charges
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Miscellaneous

Charges Withdrawn

D.B.

This matter was a case of mistaken identity. Our client was arrested in Edmonton after it was revealed that he had outstanding warrants in Calgary. Mr. D had no idea what the charges related to and as such retained our services. It was alleged that D. had been arrested in Calgary in relation to several possession of stolen property counts. The person arrested was in fact our client’s brother who had provided D’s name after committing the offence. When the brother never showed up for court, arrest warrants issued. Defence gave what’s known as alibi notice to Crown counsel. This notice detailed that the client was in fact in Edmonton at the time of the offence and offered corroborative evidence in the form of witness statements and telephone records to prove it. The Crown’s case folded quickly thereafter.

Charges
Withdrawn

DUI Offence

Charges Withdrawn

R. v. D.S.

Our client was charged with operating a motor vehicle with a blood alcohol concentration exceeding .08 mg%. D.S. had driven to a gas station in order to purchase cigarettes. The clerk noticed that he was staggering and smelled of alcohol. A good Samaritan insisted that our client not drive and drove him home. A short time later, the client returned in a cab to retrieve his vehicle. Police intervened and arrested the driver. At the police station, our client provided breath samples that were more than 3 times the legal limit (240 mg/%). D.S. was a professional without a criminal record. His employment depended upon him not being convicted of this offence. Not guilty pleas were entered and the file was set down for trial. At a pre-trial conference counsel advocated that an essential piece of evidence was lacking with respect to all charges. Crown counsel agreed and the charges were withdrawn in advance of trial.

Charges
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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
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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
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Theft/Fraud Offence

Charges Withdrawn

D.N.

Mr. D and his wife came to our office after he had been charged with Fraud over $5000. The two of them owned a restaurant and had branched off to operate a lounge at a sports facility here in town. During their time operating at this lounge it was alleged that the client used the company account for non-work related purchases. It was further alleged that the client falsified invoices to cover up his actions. The sum of the alleged Fraud was close to $50,000. The client and his wife denied the allegations and asserted that the sports facility was shadily managed and unprofitable for years. It was their belief that it was one of the shareholders who in fact was responsible for the thefts. The matter was set down for a 2-week Judge and Jury trial. After representing the client for more than 2 years and spending countless hours on this file Mr. N. is now able to say that he has no criminal record.

Charges
Withdrawn

Domestic Assault Offence

Charges Withdrawn

E.L.

Our client was a University Student with no criminal record. He had been travelling down 17th avenue with his girlfriend when a fellow motorist took issue with one of his lane changes. The incensed complainant tailgated our client for a number of blocks while honking his horn and yelling obscenities. At a red light, the complainant emerged from his car and smashed our client’s windshield. In response to this, E.L. exited his car and a fist fight ensued. During the altercation, the complainant’s teeth were fractured. The client was charged with assault causing bodily harm as a result. After reviewing the disclosure material the matter was set for trial. At trial, notwithstanding the serious injuries, the presiding judge agreed with Mr. Wyman that the client was acting in self defence. An acquittal was entered with all finger prints and photographs associated with the prosecution being destroyed.

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