Case Results
Looking for a criminal lawyer in Ottawa? It is important to know about a lawyer’s recent successful case results. Read about some of Brett McGarry’s recent cases below.
Not Guilty of Over 80 and Impaired Driving – Officer’s Testimony Rejected
A 911 caller reported an impaired driver leaving a bar in Ottawa. Based on the 911 call, the police entered the client’s home without a warrant to make the arrest. The trial judge rejected the officer’s testimony that he was in “hot pursuit” of the client. The officer’s testimony that he saw the client stumbling on the way into the house was not credible. All evidence was excluded because of serious violations of the Charter of Rights and Freedoms, including:
- Right to Silence (Section 7)
- Unreasonable Search and Seizure (Section 8 )
- Arbitrary Detention and Arrest (Section 9)
- Failure to Advise Promptly of the Reason for Detention (Section 10(a))
- Right to Counsel of Choice (Section 10(b))
Read an analysis of the case and part the judge’s decision here.
Not Guilty of Drug Trafficking
The police executed a search warrant on a home based on information from confidential informants. A large amount Fentanyl, Hydromorphone, and cash was found hidden in the home. The client was charged with possession for the purpose of trafficking and possession of proceeds of crime. He faced a lengthy penitentiary sentence. Brett’s client was found not guilty after a one week trial in the Superior Court of Justice.
Read more about the case here.
Not Guilty of Sexual Assault – Ottawa Criminal Lawyer’s Cross-Examination Raises a Reasonable Doubt
Brett McGarry represented a client charged with sexually assaulting and forcibly confining the complainant over many hours. The client faced a lengthy penitentiary sentence. The client was found not guilty after a two week trial before the Superior Court of Justice in Cornwall, Ontario. Brett used his cross-examination of the complainant at the preliminary hearing and the trial to raise a reasonable doubt that the offences occurred.
Read an analysis of this sexual assault acquittal here.
Over 80 and Impaired Driving Charges Defeated – Ottawa Criminal Lawyer Uses Charter Motions to Exclude Breath Test Readings
The police stopped a driver leaving a parking lot. The driver failed a roadside breath test. At the trial, Ottawa lawyer Brett McGarry successfully argued that the stop and Intoxilyzer testing violated the Canadian Charter of Rights and Freedoms. Brett’s cross-examination of the police officers revealed: (1) errors with the roadside breath-testing machine and (2) that the client was illegally stopped. Brett’s client was acquitted of the over 80 and impaired driving charges.
Read part of the judgment and an analysis of the case here.
Not Guilty of Over 80
The client’s driving over 80 charge was dropped by the prosecution mid-trial, following Brett McGarry’s cross-examination of the arresting officer. Brett’s cross-examination revealed errors in the operation of the roadside screening device eliminating any reasonable prospect of conviction.
Read an analysis of the case here.
Not Guilty of Domestic Assault – Client was Acting in Self-Defence
An Ottawa man was charged with partner assault after an argument with his girlfriend. The judge acquitted the man of all charges, including: assault with a weapon, uttering threats and forcible confinement. Ottawa domestic assault lawyer Brett McGarry successfully argued that the man could have been acting in self-defence.
Read an analysis of this self-defence case here.
Not Guilty of Domestic Assault – Family Law Affidavits Lead to Acquittal
A Cornwall man was charged with assaulting his girlfriend with a knife. Domestic assault lawyer Brett McGarry’s cross-examination of the alleged victim on affidavits she had filed in a custody and child support case raised a reasonable doubt. The accused was acquitted of all charges by the Ontario Court of Justice in Cornwall.
Read an analysis of this spousal assault acquittal here.
Not Guilty of Domestic Assault
The accused’s girlfriend discovered that he was cheating on her. She destroyed some of his property. Then, the girlfriend called the police and claimed the accused broke down the door to her room and kicked her. The man was charged with assault and mischief. At the trial, the prosecution agreed to dismiss all charges following Brett McGarry’s cross-examination of the accused’s girlfriend.
Next, read an analysis of the case.
Not Guilty of Criminal Harassment
The prosecution wanted a one-year jail sentence on a charge of criminal harassment. The client was found not guilty at trial in Cornwall, Ontario.
Not Guilty of Public Mischief and Breaching Bail
A woman recanted her allegations of domestic abuse at her boyfriend’s trial. The police charged the woman with making a false complaint and she retained Brett McGarry. The woman was also charged with breaching her bail conditions by having contact with her boyfriend. The client was found not guilty of all charges at her trial in Cornwall.
Assault Causing Bodily Harm Charge Dropped – New Evidence Exonerates Client
A Carleton Place client was charged with assault causing bodily harm, as well as other offences. The prosecution’s case looked overwhelming based on the initial evidence provided by the police. Criminal defence lawyer Brett McGarry pressed for additional disclosure. A witness statement that had not been initially disclosed by the police proved that the client did not commit the assault. All charges were withdrawn in Perth court.
Marijuana Grow-Operation – Charges Withdrawn due to Charter Breaches
The client’s home was searched by the police and a marijuana grow-operation was found. Brett McGarry argued that the search was illegal and violated the Canadian Charter of Rights and Freedoms. The charges were dropped in L’Orignal court.
Possession of Cocaine for the Purpose of Trafficking – Charges Dropped due to Charter Violations
An Ottawa woman was stopped and searched by the police, who found a significant amount of cocaine. Brett McGarry persuaded the Crown that the stop and search of his client were illegal. The charges were dropped.
Assault Police and Assault with a Weapon Charges Withdrawn
An Ottawa client was charged with resisting arrest, assaulting a police officer, assault with a weapon, and other charges. The charges threatened to destroy the client’s career. Brett McGarry assembled a detailed record of the client’s work history, community work, and good character. Brett negotiated with the Crown and all charges were dropped.
Assault Causing Bodily Harm Charge Withdrawn
A Pembroke man was charged with breaking the complainant’s teeth and jaw in a bar fight. Brett McGarry obtained video surveillance of the brawl from the bar. The description of the altercation described by the complainant was inconsistent with the video. The charge was withdrawn in Pembroke court.
Assault Charge Dropped
A young client was charged with assault for an altercation that occurred after a night out drinking. Brett McGarry negotiated with the Crown and the charges were dropped in Kemptville court.
Marijuana Possession – Absolute Discharge
A large quantity of marijuana was found when the police stopped the client’s car. Brett McGarry convinced the Crown to seek an absolute discharge based on potential Charter issues with the police search and the client’s good character. The court imposed an absolute discharge.
Aggravated Sexual Assault Charges Downgraded
The client was charged with aggravated sexual assault, among other charges. In similar cases accused persons had received 10-year jail sentences. Brett McGarry negotiated a plea agreement, under which the client entered a plea to aggravated assault and received a 2.5 year sentence.
Sexual Assault Charge Withdrawn
A client was charged with sexual assault for events that allegedly happened nearly 30 years before. The charge was withdrawn after Ottawa criminal defence lawyer Brett McGarry exposed inconsistencies in the complainant’s story.
Sexual Interference/Assault Charges Dropped
A client was charged with multiple counts of sexual assault and sexual interference. The client faced multiple mandatory minimum jail sentences if convicted. Brett McGarry negotiated a plea agreement to one count of simple assault. The client received no jail time.
Possession of $100,000 of Stolen Construction Equipment Resolved with a Fine
The client was charged with possessing over $100,000 of construction equipment obtained by crime. Criminal lawyer Brett McGarry used problems with the search warrant to negotiate a plea agreement where the client received a $1,500 fine and no jail time.
Fraud Charges Withdrawn
A client was charged with defrauding and stealing from her employer. All charges were withdrawn in Ottawa Court.
Theft Charges Dropped
A real estate professional was charged with stealing from his employer’s trust account. All charges were dropped.
Client Cleared in Assault Investigation
A client was investigated for assault causing bodily harm. The client met with Brett to discuss his legal position and rights before meeting with the police. No charges were laid.
Sexual Assault Investigation Ends in No Charges
A client was investigated for sexual offences against a step-child. Brett McGarry worked with the client’s family to bring all the relevant information to the attention of the police. No charges were laid by the police.