R. v. S.D.J.

(Calgary, P.C. - Trafficking/Identity Fraud). SDJ was charged with trafficking crystal meth and identity fraud resulting from impersonation related offences. On the surface, the case was quite serious because an innocent third-party was implicated.  SDJ is an example of a case that resolved favourably for the less involved party because the more involved parties (or as I call them prime-movers) resolved their cases in advance of trial. The Prosecution's incentive for strenuously pursing SDJ diminished significantly.  Ultimately, SDJ did not plead guilty to any offences for which conditional sentence order was no available. Unlike the co-accused who were ultimately sentenced to substantial time in custody, SDJ avoided actual custody. Whenever there is a resolution by way of a guilty it is important for the criminal defence lawyer to assess viability of running a trial. This means reflecting on the evidence, evaluating the risks and providing full instructions to the client that he or she can make an informed, voluntary decision. Successfully defending cases is not always about a "not guilty" verdict after trial or a stay of proceedings due to Charter breaches.  In the opinion of this Calgary criminal lawyer, a good defence lawyer understands that successfully defending a criminal charge requires close consideration of all options, outcomes and paobabitlies. David Chow is an experienced drug lawyer in Calgary.