January 23rd, 2021

City man back in jail for breaching probation

By Shurtz, Delon on March 3, 2020.

Delon Shurtz

Lethbridge Herald


A Lethbridge man convicted last year for a drug-related offence is back in jail after breaching probation.

Carter Rains, 28, was sentenced to 30 days in jail after he pleaded guilty Monday in Lethbridge provincial court to one count of failing to comply with a probation order.

Court was told Rains had been sentenced to five months in jail in January 2019, followed by probation. During his probation he was to maintain a curfew between 11 p.m. and 6 a.m. in an approved residence, but about 12:40 a.m. Aug. 18 he was found in a hotel room. Police found Rains at the hotel after officers were called to help hotel staff evict people suspected of drug activity.

Lethbridge lawyer Miranda Hlady said her client should only receive a five-day jail sentence for breaching probation and pointed out he has a relatively recent and short criminal record, the result of suffering recent tragedies in his life, including the death of his brother.

Judge Eric Peterson, however, said even though Rains’ record is fairly recent, charges of drug possession, assault and additional breaches is significant. He agreed with the Crown for a 30-day sentence, but credited Rains for the equivalent of 20 days he spent in custody, leaving only 10 days left to serve.

Rains still faces other charges, including breaching his recognizance, resisting a peace officer, drug possession and failing to comply with conditions of his release. He pleaded not guilty and is expected to stand trial on those charges. Additional charges of possession of stolen property, fleeing from police, dangerous driving and assaulting a police officer, have been adjourned to next Monday.

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recent but very active in criminal enterprise. catch and release after brief repass.