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war on drugs in calgary

The “war on drugs” is no longer merely a political catchphrase chanted by politicians to attract public support.  By all accounts, the demonization of the drug trade is reflected in the legal reality that police expend tremendous resources to halt the proliferation of narcotics in our communities. 

Parliament has armed police and Crown with a variety of resources to assist in the investigation and prosecution of drug crimes.   The Alberta Court of Appeal has established starting point sentences for low level commercial trafficking (or possession for the purpose of trafficking) Schedule 1 substances such as cocaine, MDMA, heroin, crystal meth, opioids (such as Morphine, Oxycontin and Fentanyl) and other hard drugs.  Though the starting points are guideline only, Alberta’s highest court routinely upholds harsh penitentiary sentences and consistently substitutes non-custodial dispositions for jail.  Recent legislative amendments have further increased the penalty for conviction for other narcotics, even marijuana.  If convicted of certain drug offences, it appears the Crown policy is to seek jail.

The War on drugs means you need a serious Calgary drug defence lawyer

You have probably heard the terrifying language "Opioid Crisis" or "Fentanyl Crisis".  As you are probably aware, a large number of fatalities are being attributed to Opioids -- in particular, Fentanyl and Carfentanyl.  With that in mind, it is important to be aware that Court's are slapping offenders convicted of trafficking Fentanyl with lengthy jail sentences and often detaining them in custody without bail until the case is resolved one-way or another.   


Drug Lawyer in Calgary

The war on drugs means that the Government will throw its massive weight at your to secure a conviction.  As such, there is a high likelihood that your only chance of avoiding a criminal record, jail and a lifetime of stigma is your drug lawyer. Call David Chow for a free consultation. He has a strong drug defence pedigree.  He can help with your case.

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403.452.8018

 

Recent Case Results

R. v. K.D.B.

July 17, 2019

(Calgary, P.C.).  KB was charged on multiple informations with a plethora of offences, including assault, possession of crystal meth, breaching bail conditions, trespassing and uttering threats.  She had three low complexity trials in Calgary scheduled for multiple cases over three days. On the first day of trial her predicament was resolved positively by way of a conditional discharge.  The drug charges - which could have resulted in KB being absolutely denied admissibility to the United States -- were withdrawn by the Crown along with many other offences.  A conditional discharge is a disposition where the accused is found "guilty", but the "conviction" will not register as long as the accused completes the terms of the discharge.  There are many sentencing options in criminal cases. The options range from diversionary measures (such as alternative measures or mental health diversion) that do not trigger any find of guilty, to discharges (absolute and conditional) that will not result in a criminal record, to fines, probation and jail.  There are many avenues to achieving a favourable outcome in a criminal case. Conditional discharge is often one such avenue.  In KB's case, David Chow was able to work closely with the Crown, whose position was to give the accused a second chance as long as she satisfied rehabilitate measures built into the discharge.  David Chow is a Calgary criminal defence lawyer who will explore all available avenues to properly defending a case. Call 403.452.8018 for a free telephone consultation. 

R. v. B.A.

June 21, 2019

(Calgary, Q.B.).  BA was professionally and strongly prosecuted for possession for the purpose of trafficking cocaine and unlawful possession of a loaded, restricted firearm. In this case, police investigated the accused and another person during a 60 day surveillance operation that culminated in the execution search warrants in a private dwelling house and a vehicle. BA was found "not guilty" of all charges. The Defence argued that the "identification" by police was frail, that the circumstantial evidence that BA was in "possession" of the gun and drugs was not proven and that the case failed to rise to the standard of proof, "beyond a reasonable doubt".  In the final result, the trial judge agreed that the evidence in relation to ID and possession was insufficient to prove that BA had knowledge, consent and control over items located in a secret compartment located in motor vehicle. If you have been charged with a drug or firearms offence, you are looking at serious jail time. A criminal prosecution is serious business; so if you have been charged, look for a serious Calgary drug lawyer. Give David Chow a chance to earn your business.  

R. v. A.H.J

May 24, 2019

(Whitehorse, P.C.).  A.H.J. was charged with possession for the purpose of trafficking Fentanyl and trafficking Fentanyl in Whitehorse, Yukon. The case was one of the first Fentanyl cases in Whitehorse and involved a significant quantity of the Opioid. The focus of the defence revolved around challenging expert opinion relating to a fingerprint.  Other issues concerned eyewitness identification, threshold reliability and evidentiary weight. As a result of evidentiary issues that arose during the course of the trial, the Prosecution's case was seriously imperilled.  A.H.J. was acquitted. For a free consultation with a Whitehorse drug lawyer call 1.403.452.8018.

R. v. R.W.

April 5, 2019

(Calgary, P.C.). R.W. was charged with possession for the purpose of trafficking cocaine and possession for the purpose of trafficking Ketamine. The case was defended by Calgary drug lawyer, David Chow.  The defence unsuccessfully argued for the exclusion of evidence due to violations of the accused’s right to counsel. The case was then argued on its merits, which included having to present evidence to overcome an alleged confession. The judge was left with a reasonable doubt and acquitted the accused of being in possession “for the purpose of trafficking” and being in possession of the “proceeds of crime”. The accused was convicted of simple possession of cocaine and ketamine and fined accordingly. He avoided a 3 year starting point jail sentence. For a free consultation with Criminal lawyer in Calgary, David Chow, call 403.452.8018.