R. v. D.E.E.

(Calgary Court of Justice - Assault with a Weapon). While a criminal prosecution often involves an accused versus an alleged victim, the line between the parties is sometimes difficult to discern. It is not unusual for police to make decisions to charge one-party and not the other. Also, there are many cases where the complainant/alleged victim is not really an innocent party in the dispute. 

In DE's case, the complainant uttered a number of racial comments towards the accused and the accused's partner. It was not surprising that the racial utterances caused upset. When the accused confronted the complainant, there was evidence that a box cutter was in hand. However, on inspection of the media disclosure (video), it was clear that the box cutter was never brandished, the knife never exposed and it was in the same as a cellphone that was being carried. The accused's explanation was that the box cutter was innocently in hand, with the cellphone, and that it was not brought to the encounter for a nefarious purpose. The accused demanded an apology from the complainant. Police were called and the accused was charged.

On review of the file, while the Prosecution's case certainly met the test of reasonable prospect conviction, it was also clear that the accused a credible defence. Rather than pressing the case to trial, the Crown and defence discussed resolution, ultimately plea bargaining the case to peace bond. A peace bond is a resolution option that only the Crown has the authority to agree; meaning, not even a judge can force this type of outcome without the prosecutor's consent. Peace bond is more often than not an extremely favourable outcome for any accused because if accepted by the accused, it results in the withdrawal of charges while at the same time, saving the accused from having to pay expensive trial fees.

David Chow has successfully defended hundreds of cases involving alleged violence. David Chow is not only a Calgary criminal lawyer who routinely defends against assault charges, he is full spectrum criminal defence lawyer in Alberta and roadside sanctions lawyer. There are many defence lawyers to choose from; however, not all criminal lawyers are the same. When hiring your defence lawyer, it is important to exercise all due diligence. Do not be fooled by what you see online. While David Chow acknowledges having an online presence, he recommends that online research is just one avenue to properly researching your criminal lawyer of choice. Remember, while some lawyers advertise as having dozens of 5-Star reviews -- some even boasting hundred of five star reviews -- remember that not all Google reviews are necessarily legitimate. Also, some defence lawyers might have a few negative reviews. A negative review does not mean that the lawyer is a bad lawyer or even that he or she did a poor job. In criminal law, it is not unusual for clients to be upset about an outcome, which can cause upset with lawyer, even though the lawyer may not be at fault at all. David Chow only accepts the number of clients that he can handle at any given time. This boutique criminal defence service enable David to focus on a smaller number of cases and permits more open communication with the client.