Carmen's Case — narcotic conspiracy — Withdrawn

Client:  Carmen R., Accused
Complainant:  Toronto Police Service
Charge and Arrest Warrant:  Conspiracy to Traffic in Narcotic

Background:  Carmen was visiting family in her home country. Unknown to her, there was a drug-and-gun bust in Toronto involving over a dozen arrests and hundreds of charges. Carmen had been in a relationship with one of the accused persons. She was shocked to learn that a warrant had been issued for her arrest. She was afraid to return to Canada, lest she be arrested and jailed. She was also worried about her landed-immigrant status and her ability to later apply for citizenship. Not knowing what to do, she called me for help.

READ THE POLICE REPORT

Goals:  Carmen wanted the charge withdrawn or dismissed. Her immediate goal, however, was to return to Canada without going into custody — "if that's possible."

Strategy:  When there is a warrant for your arrest, only rarely can you avoid going into custody. Normally, the police arrest you, and you seek your release before a Justice. This can take place on the same day if you are lucky; if not, you can spend months and even years in custody. In Carmen's case, I first decided to do a "feel about." Carmen was a small player in a major case. I wanted to know more before I took any action. I quietly made discreet inquiries, and was able to obtain a police report. After two months, I decided the time was right. I approached the Crown. I wanted to get the charge withdrawn and the warrant cancelled. Failing that, I wanted Carmen quickly arrested and released upon her arrival in Canada, after which I would seek her exoneration.

Results:  Good news came swiftly. I was able to convince the Crown that they did not have enough evidence against Carmen. The Crown agreed to withdraw the charge and to cancel the warrant. As you can read in the transcript, the procedure was not straightforward. After Court, I attended both the Clerk's office and the police bureau to ensure that the police and Court computers were properly updated. Carmen arrived a few weeks later. She made it through the airport without incident.

READ THE COURT TRANSCRIPT