Muenz Law Office Calgary Criminal Defence Lawyer

Calgary Criminal Defense Law Blog

Criminal defense in Alberta: Robbery results in injuries

A robbery at a gas station in small community east of Red Deer resulted in a store clerk suffering injuries that were not considered life-threatening. The male suspect, who will need criminal defense representation when apprehended, is said to have approached the station in a stolen truck and got into an altercation with the male employee who was injured in the scuffle. RCMP in the village of Alix, Alberta, said the suspect got away with packages of cigarettes and an undisclosed amount of money.  

The suspect, who witnesses said looks to be in his late 20s to early 30s, abandoned the truck and was seen running down a street in nearby Stettler. RCMP seized the stolen truck. Its Forensic Indentification Unit is helping with the case.

Police in Canada, FBI make arrests in drug case

A tag team operation between the FBI and the RCMP has resulted in a number of arrests in connection with organized crime in both countries. The arrests came after years of investigating alleged drug trafficking and money laundering both in Canada and the United States. Those charged will need criminal defense counsel.

The recent raids were carried out by about 150 police officers that culminated in 75 charges and nine arrests. Six kilos of fentanyl and a kilo of the deadlier carfentanil were seized by the RCMP. Also seized, according to the authorities, were sizable amounts of heroin, MDMA, meth and millions of contraband cigarettes. While investigations were happening north of the border, the FBI was making some arrests of those allegedly connected with big name organized crime families.

Criminal defense: 11 arrested in Calgary drug bust, more expected

More than $4 million in illegal drugs have been taken off the streets, Calgary cops said. The Alberta Law Enforcement Response Teams (ALERT) began a massive investigation into the sale of illicit drugs in Cow Town in 2016. The investigation has resulted in 11 people facing more than 125 criminal charges for which each will need to mount a criminal defense. All those charged are from Calgary.

Searches of 11 homes allegedly turned up nearly 16,000 fentanyl tablets, 75 kilos of a buffing agent for cocaine, more than six kilos of cocaine, and 28 kilos of meth. Police believe the tablets were from British Columbia and the meth was either Mexican or created in the area. Cops also found three labs in which cocaine was apparently made, 11 handguns -- some which were fully automatic -- and body armour. Vehicles, cash and two homes were also seized.

New pot law and drivers license suspension or revocation

Impaired driving laws will be getting some revisions in Wild Rose Country. The Alberta provincial government will bring its laws into line with a recent court decision that indicated that drivers license suspension or revocation was unconstitutional when imposed indefinitely. The new law for impaired driving would suspend a driver's license for 90 days.

Under Bill 29, when those 90 days are done, drivers will be given back their licenses under the condition that they sign up for a program that locks their ignitions should they have alcohol in their systems. If they refuse to participate, they will go without their licenses for an additional 12 months. The same bill also proposes to add impairment by cannabis to existing legislation to bring it in line with federal Bill C-46 regarding impaired driving. 

Do alleged Alberta cyberbullies need criminal defense counsel?

Bullying has always been a part of playground happenings in the old days, but cyberbullying is even more hurtful, more intense and more heartbreaking because bullies can hide behind their scathing words. But cyberbullies in Alberta can also choose to impersonate others, so no one really knows who is doing the bullying unless the bully wants to make himself or herself known. Cyberbullies may need criminal defense counsel if charged with cyberbullying

The Criminal Code of Canada stipulates that it is a criminal offence to post pictures or videos online of an intimate nature without consent of the person in those photos. Posting those kinds of images is classified as cyberbullying, and apparently, the incidents are increasing. Quite often, it is done as a form of revenge after a nasty breakup of a relationship. Whatever the reasons, the person on the end of the bullying suffers emotionally, and in extreme cases, people have been known to commit suicide allegedly because of it.

Hateful comments in Canada could mean needing criminal defense

Some people might not realize that some comments they leave on social media sites could be construed as being hateful. Even if they aren't using their own names, there are ways of ascertaining identity and, depending upon the comments posted, they may need to find themselves a criminal defense lawyer. If the hateful comments target a specific group, they could be seen as being criminal.

In 1990, an Alberta school teacher was taken to task for teaching his anti-Semitic views to his pupils. He claimed he could do so under Canada's Charter of Rights. However, the Supreme Court of Canada upheld his criminal conviction stating that there is a breach in freedom of speech when it is targeted against a group. Had the internet been available to the teacher and had he written the same message online, the outcome likely would have been the same.

Criminal defence in Canada: The Mile High Club spells trouble

Many airplane flights are long and boring. Some passengers -- no doubt some Alberta residents too -- decide to become "members" of the infamous mile high club or, in other words, having sex on an airplane. They may have fun in the moment, but it could also mean possible criminal charges and arranging for a criminal defence team once their feet are back on the ground.

In Canada, that charge could be committing an indecent act. The Canadian Criminal Code indicates that includes everyone wilfully committing an indecent act in a public place where there are one or more people, or anywhere when the intention is to insult or offend any person.  Any sexual act in public is considered indecent and since an aircraft is a public place, those who engage in sex there could be charged.

Drivers license suspension or revocation: Stunt driving

No drivers ever seem to get in trouble in the movies when they're operating a motor vehicle in a dangerous way. That can include stunt driving. But the movies usually don't depict real life. So, drivers who feel the need for speed and engage in stunt driving in Alberta and in the rest of Canada may find themselves with a drivers license suspension or revocation

Stunt driving is usually defined as driving a motor vehicle in a contest on a roadway while performing a stunt as per a bet or wager. It could also include such things as spinning wheels, drifting, drag racing side-by-side, operating the vehicle from anywhere other than the driver's seat or spinning the vehicle, which is also known as doing donuts. Those types of actions are against the law in all provinces and territories in Canada.

Drunk driving charges: Escaping conviction with a cough candy

In some instances, cough lozenges are the best friends of drivers who have consumed alcohol. In fact, cough drops have had a hand in helping some drivers nailed with drunk driving charges. Some popular cough candies contain sugar alcohols like menthol, sorbitol, xylitol or maltitol. These can increase the alcohol content in the mouth, leading to a higher number when Alberta drivers are administered a Breathalyzer test.

Police have caught on to the tactic and ask those who are chewing on cough drops at the time of the traffic stop to get rid of the lozenge. They wait about 15 minutes afterwards to administer the Breathalyzer test. It is said that any residual alcohol in the mouth evaporates during that time.

Alberta criminal defense: Is a fake firearm cause for alarm?

Anyone who thinks pointing a fake gun at someone as a joke or just for a bit of fun might want to think again before taking aim. Alberta residents who do might find themselves in need of criminal defense. If the person at whom the gun was aimed doesn't get the joke, charges could be forthcoming. Pointing that fake firearm could lead to various charges in certain circumstances.

If the fake piece was used to threaten someone, even if no harm was meant or if it was in fact used in committing a crime, the one brandishing the weapon could face criminal charges. There are, in fact, some replicas that are prohibited by law. They include those that closely resemble the real deal. These fakes are also known in the Criminal Code of Canada as "imitation guns." It is also against the law to sell or give someone a replica firearm, and that includes airsoft guns.

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Muenz Law Office Calgary Criminal Defence Lawyer

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