R. v. F.M. [Provincial Court, Rocky Mountain House, March 2015]
F.M. was charged with trafficking in cocaine and possession of cocaine for the purpose of trafficking. A warrant was obtained and executed on F.M.’s residence where police found approximately 10 grams of cocaine. F.M. was arrested and provided a full confession to trafficking in cocaine and possessing the cocaine found in her residence (all of which was audio-video recorded). Despite the fact that F.M. had no criminal record, the Crown’s bottom line resolution offer was one year incarceration. Ms. Fagan filed a Charter notice alleging several breaches of F.M.’s rights- including her right to counsel and her right to be free from unreasonable search and seizure. The matter proceeded to trial and partway through Ms. Fagan’s cross-examination of a key police witness the Crown threw in the proverbial towel and agreed to withdraw the two very serious charges of trafficking and possession for the purpose of trafficking in exchange for a guilty plea to a single count of simple possession and a fine of $2000.00 and no jail time.
Patrick C. Fagan is a highly accomplished lawyer with an impressive career spanning over 35 years in the legal field.