While operating a BMW on Highway 2 north of Calgary, ABK was stopped for speeding by a uniformed member of the RCMP. Unfortunately for ABK, this Mountie was a highly trained Pipeline investigator who quickly formed the opinion that ABK was transporting drugs. The officer conducted a search of the BMW at roadside and seized a substantial quantity of cocaine, a small quantity of fentanyl and cash.
ABK was charged with possession of cocaine for the purpose of trafficking, possession of fentanyl and possession of proceeds of crime. The police also seized the BMW. ABK retained Patrick Fagan to defend this prosecution and, if at all possible, to recover the BMW.
BOTTOM LINE: An election of trial by way of the Court of Queen’s Bench of Alberta sitting without the intervention of a Jury was entered and a date scheduled for preliminary inquiry. Patrick Fagan was successful in resolving this most unfortunate prosecution 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. on ALL charges and ultimately secured the release of ABK’s BMW.