R v UPB – Theft Over & Theft Under Charges Withdrawn on the Day of Trial
Jillian recently represented a man charged with theft over five thousand dollars and theft under five thousand dollars. In this case, it was alleged he converted two snowmobiles that were not his as collateral in exchange for a loan. Jillian’s client denied the allegations and denied that he ever had a loan with the main prosecution witness. On this basis, our criminal lawyer Calgary was instructed to enter a not guilty plea and planned for trial. Trial preparation takes time and strategy.
In this case, the main witness alleged that her client converted property that was not his into his own use. Theft by conversion occurs when an individual legally takes into possession of someone else’s property or money, then uses the property or money for their own purpose rather than for the reason the legal owner originally gave them permission to possess the property.
The police disclosure contained dates that the property owners last saw their property. The main witness who alleged the theft conversion stated that her client gave the machines to him prior to what the declarations indicated. This is a clear conflict in the prosecution evidence. Jillian strategically constructed her cross-examination questions to lock the witness into his stated dates and then attacked by way of her legal argument that the prosecution couldn’t prove its own case due to the conflict. Because Jillian is a diligent and strategic criminal lawyer, she met with her client several times as she prepared for trial. The main witnesses’ motive to lie became crystal clear through these meetings. That assisted her as she prepared for trial.
On the day of trial, the prosecutor tried to rely on the statutory declarations the legal owners filled out as part of police disclosure. However, Jillian gave notice she wanted them to present for cross-examination as the Criminal Code allows. All parties were present and ready to proceed. However, Jillian convinced the prosecutor to withdraw the charges on the day of trial without actually having the trial.
Why This Case is Important
This case demonstrates that an experienced criminal lawyer can convince the prosecutor to withdraw your charges even on the day of trial. Experience and diligence are two key sets that every criminal defence lawyer should be employing on your behalf.
Theft over $5000 allegations are tricky charges to defend. The prosecutor can use statutory declarations to streamline the case. If you have a lawyer who isn’t paying attention or “wings it” there is a strong chance some important detail may be missed. Thankfully, that did NOT happen in this case.
If you have been charged with theft over then contact Ross Lutz Barristers today. We are serious lawyers who defend serious allegations every single day.
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