(Calgary, P.C.). Sometimes cases are hard and sometimes they are easier. LBC avoided a potentially dangerous trial based on weak evidence because of the actions of the Crown -- acting in the finest tradition of the Crown prosecutor -- who "stayed" the charges, presumably due (at least in part) to obvious frailties in eyewitness identification. The accused was charged with unlawfully discharging a firearm, assault with a weapon (firearm) and a variety of other firearms offences arising from a shooting in downtown Calgary. Though nobody was injured the Prosecution always takes firearms offences seriously. In this case, the frailties of the case were also taken seriously with the direction of a "stay of proceedings". A stay is effectively a withdrawal with the caveat that the Crown can bring a case back to life in very rare circumstances. Those circumstances include uncovering new evidence that could not have reasonably been foreseen or uncovered prior to the stay. LBC avoided a potentially dangerous trial because witnesses may have been compelled to point at him as the offender merely because he was sitting in an accused dock. Though "dock ID" is of little to no value, convictions based on this frail identification evidence do still occur. David Chow is a Calgary firearms lawyer and full service Calgary criminal lawyer.
firearms LAWYER | CALGARY
DEFENDING firearms CASES since 2005
the right to keep and bear arms: (403) 452-8018
calgary defence lawyer
David Chow strongly believes in the right to keep and bear arms as a means for law-abiding citizens to protect themselves against the tyranny of government.
Though most law abiding gun owners have traditionally held a profound respect for firearms, today’s political, legal, social and cultural climate is one of fear of guns. Oftentimes, this fear is misplaced. Arguably, the public consciousness has been unreasonably tainted by firearms fear culture.
Parliament has placed confusing and expansive restrictions on firearms ownership.
Though you are presumed innocent until proven guilty, if you have been charged with a gun crime, the police have likely entered your dwelling house, searched your home and taken your property. Worse, when charged, there is an increased likelihood you will be denied reasonable bail. Defending the case will be difficult; for the Crown will likely prosecute you with the greatest force of law, including pursuing charges by indictment when they have a choice to proceed summarily. As part of its “tough on crime” politics, the Harper government has legislated minimum punishments for certain firearms offences. By way of example, if you accidentally store a firearm with ammunition, you could be liable to a minimum 3 years in jail, even if you have never been previously convicted of a criminal offence. Even if you are innocent, the Crown may nevertheless seek forfeiture of your firearms, which could result in substantial economic and property loss.
If you have been charged with a gun offence, you need a lawyer who understands the technical nuances of Canada’s firearms laws. You need a Calgary firearms lawyer who not only understands the law, but the pragmatics of gun possession and ownership. Call 403.452.8018 for a Calgary defence lawyer today. David appears throughout Alberta, including Cochrane, Calgary, Lethbridge and Brooks.
Recent Case Results
(Didsbury, P.C.). The accused was the target of a search warrant in a drug investigation. The warrant resulted in the seizure of a small amount of drugs, along with loaded firearms. David Chow managed to secure a “stay” of the charges. a free consultation with a Calgary criminal defence lawyer, who handles search warrants and firearms cases call 403.452.8018.
(Lethbridge/Calgary QB) The accused was charged with trafficking firearms. The Defence attacked the credibility of the Crown's essential witness. The accused testified in his own defence. After a lengthy trial, he was ultimately acquitted on the basis of reasonable doubt. This was a very serious charge where the accused would have not only been negatively stigmatized in the community, but would have faced years in jail. For a Calgary firearms lawyer, call David Chow.
Client charged with possession of a firearm located during a police search of his residence. The Crown stayed the charges prior to trial due to a Charter Notice outlining obvious and insurmountable breaches of his section 8 Charter rights protecting against unreasonable search and seizure.