J.I.J. was a passenger in a vehicle which was pulled over by the police due to “tinted” windows. As the police approached the vehicle they detected the overwhelming scent of fresh marijuana. Consequently, the police arrested all 3 occupants of the vehicle (including J.I.J.) for possession of a controlled substance and thereafter conducted a search of the vehicle incidental to those arrests. The search resulted in the seizure of a relatively substantial quantity of cannabis marijuana, cannabis resin and cash. J.I.J. was charged with the following offences:
- Possession of cannabis marijuana for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possession of cannabis resin for the purpose of trafficking contrary to Section 5(2) of the Controlled Drugs and Substances Act.
- Possession of proceeds of crime (cash) contrary to Section 355(b) of the Criminal Code.
J.I.J. had just received a university business degree and as a consequence of this most serious prosecution his/her business career was put on hold pending the outcome of this most serious prosecution. J.I.J. retained the services of Patrick Fagan to defend this prosecution.
Patrick Fagan endeavored to kill the prosecution in its entirety through initial negotiation with the Crown but those efforts failed to yield the desired result. The Crown wanted a guilty plea to possession for the purpose of trafficking and the imposition of a jail term. Patrick Fagan immediately rejected resolution (it would’ve ruined J.I.J.’s life), entered pleas of not guilty to all charges and scheduled the matter for trial.
Bottom Line: As the trial date rapidly approached, Patrick Fagan was successful in killing all charges against J.I.J. by way of the entry of a Stay of Proceedings is a legal term used to refer to a direction by a Crown prosecutor or a Judge to the Clerk of the Court to terminate a criminal prosecution. Click for more information.. The prosecution was maintained against the other 2 accused who are not represented by Patrick Fagan.