City: Peterborough, Ontario
Our Client: Mr. R.
Charge(s): Possession of Marijuana – over 30 grams
Background: Mr. R. and his son drove through a Festive RIDE check a little before Christmas. They hadn’t been drinking. But the police smelled marijuana in the vehicle and when questioned, Mr. R. turned over a quantity of the substance. Mr. R. was arrested and charged with possession of marijuana – over 30 grams. His son, who was a recovering alcoholic receiving counselling through the Centre for Addiction and Mental Health, had been trying marijuana as a substitute for alcohol. Mr. R. wanted to protect his son so he took the fall for him.
Goal: Mr. R. had a good job with a big company. A criminal record would affect his career and ability to travel to the US. The goal was to avoid a criminal record.
Strategy: We would attempt to negotiate with the Crown for a just outcome that would not leave Mr. R. with a criminal record.
Result: We were able to negotiate a “diversion,” the terms of which would be some community service for Mr. R. and his son and a charitable donation. The criminal charge was withdrawn.