(Calgary, P.C. - PPT/Gun). OEO was charged with serious offences, including possession for the purpose of trafficking (PPT) heroin and meth along with possession of a loaded, restricted handgun. OEO was arrested while in the presence of others, who police were executing an arrest warrant. After a footmchase OEO was first engaged by a canine and then by officer. OEO sustained injuries as a result of the canine. OEO was looking at significant Federal penitentiary jail time if convicted. Not guilty pleas were eventually entered and trial dates were set. The Defence filed a fully argued Charter Notice alleging breaches of sections 7, 8, 9 and 12 of the Charter. The Defence was position was that OEO was unlawfully arrested and that the manner of the arrest was unreasonable. OEO successfully defended the case. PPT heroin has a starting point sentence of 4 years in custody. Possessing a loaded restricted firearm would have substantially to the total jail time. David Chow is a criminal defence lawyer in Calgary who has been defending drug cases since resigned as a Crown Prosecutor and joined the criminal "defence" bar in 2005. David understands that successfully defending a drug prosecution often requires a substantial amount of work at the front, middle and back of the case. If you have been charged with a drug or gun crime, call for a free initial consultation. If you are looking for the best Calgary drug lawyers, don't trust a self aggrandizing advertisement trying to get your business. Interview and investigate a number of Calgary criminal lawyers and remember, some of the best defence lawyers may not even have a website.
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. David Chow is a Calgary firearms lawyer who has successfully defended persons charged with firearms offences, including cases of attempted murder (See R. v. WGB and R. v. LC). Call 403.452.8018 for a Calgary defence lawyer today. David appears throughout Alberta, including Cochrane, Calgary, Lethbridge and Brooks.
Recent Case Results
(Calgary, P.C. - Murder). David Chow was part of the defence team for an accused in Court when the Crown stayed murder charges against three-men at the start of a preliminary inquiry on February 8th, 2020. When a stay is directed by the Crown, it has 12 months to revive the case. Outside Court, the Crown acknowledged that the case “could” be revived; stating: “there’s always a chance”. A “stay” is appropriate where there is a reasonable prospect that the proceedings may be reinitiated. It is not unusual for the Crown to stay a charge to permit police the opportunity to reinvestigate matters that were previously unforeseen. Therefore, a stayed charge can be revived if the Crown or Police uncover new evidence that was either not available at the time the original prosecution was initiated or in circumstances where the new evidence was unforeseen. In the opinion of this Calgary criminal lawyer, there is a reasonable concern that charges may be reinitiated. David Chow is a full service criminal defence lawyer in Alberta. David has successfully defended many homicide cases. If you or a loved one are looking for a criminal lawyer to defend a murder case, the stakes are extremely high. Don't settle for just anybody -- be diligent and find the right lawyer. This means that you must speak to many defence counsel and weigh your options.
(Calgary, P.C. - Possession of a Firearm). TN was charged with unlawful possession of a firearm arising from an investigation whereby a vehicle for which he/she was a passenger was taken by police. TN's Calgary criminal lawyer consulted with the Crown for the purpose of seeking the withdrawal of the charge. The basis for the withdrawal request was grounded in the law of "possession". In short, the evidence failed to establish "knowledge", "consent" or "control" over a loaded firearm located under a seat. In this case, the firearm was not in plain view. The vehicle with neither owned nor driven by the accused. The police were focussed on a different target. TN asserted to having no knowledge about the presence of the gun. In the tradition of the Crown, the Prosecutor took a close look at the disclosure and agreed with defence counsel that though the evidence was more strongly linked to co-accused, there was insufficient evidence to prosecute TN. The charge was withdrawn and TN did not shoulder a criminal record. David Chow is one a few Calgary criminal lawyers experienced in handling firearms offences. If you are looking to hire a Calgary firearms lawyer, call for free consultation.
(Calgary, P.C.). An Alberta judge once said that it doesn't matter whether the facts are on your side, or whether the law is on your side, or whether you think you have a great argument or all of the above. None of it matters if you can't convince your trial judge that you are right. David Chow represented LK, who was unfortunately convicted in 2017 after a very arduous and lengthy trial. LK was on trial for a serious home invasion in Calgary that involved a firearm. He had many issues in his favour: identification, investigative necessity, frailties in proving the essential elements of the offence. Despite a very credible argument that the wiretap captures were inadmissible due to investigative necessity, the evidence was admitted at trial. Despite a lack of identification and a very strong argument that the Crown failed to prove LK committed the crimes before the court, he -- along with his co-accused -- was convicted. The example from LK's case is that sometimes no matter how strong defence counsel argues a case, it just doesn't work out. However, the lesson is, since LK advanced every meritorious issue to its ultimate conclusion, and thus forced the Crown to argue and the judge to decide, issues were created on appeal. In 2019 LK was granted a new trial. David Chow is a Calgary criminal lawyer who will advance every credible and meritorious issue in a case. If you have been charged with a serious offence, including one involving complex wiretap issues, call David Chow. He is one of a number of Calgary criminal lawyers who offers a free initial consultation.