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Calgary criminal lawyer | David Chow.

David Chow started defending persons charged with theft, fraud, possession of stolen property and other property offences as a Law Student in 1999.  He won his first trial in a shoplifting case in 2000.  He then switched from defending property cases to prosecuting them when he joined the the Office of the Attorney General of Alberta in 2002.  In 2005 he embarked on a his career as a full-time criminal defence lawyer and has been defending cases ever since.

A theft essentially constitutes stealing another person’s belongings. Fraud occurs whenever actions are intentionally taken to place the target’s financial interests at risk. The concept of a property is far reaching; it includes theft, fraud, possession of stolen property, mischief, break and enter, home invasion, arson and a plethora of other crimes.  To prove possession of stolen property, the Crown must demonstrate knowledge, consent or control. 

The sentencing regime for property offences is vast.  On one end of the spectrum, low-level incidents of theft may result non-criminal type of consequences, while crimes violating the “trust” of an aggrieved party could result in substantial jail sentences. For instance, a trust theft usually entails stealing from an employer. Since employers place trust in employees and are vulnerable to them, many incidents of trust theft or trust fraud result in actual custodial sentences. Of course, the quantum of loss sustained by the aggrieved party is an important consideration.

David Chow defends theft, fraud and possession of stolen property throughout Alberta, Saskatchewan and British Columbia. He regularly appears in Airdrie, Cochrane and Lethbridge. Call 403.452.8018 for a free telephone consultation.

Recent Case Results

R. v. D.T.D.

December 22, 2020

(Calgary, P.C. - Fraud/Obstruction).  This accused was charged with fraud and obstructing police by giving a false name. The accused had no criminal record and had unfortunately accumulating some administrative charges post these allegations. As a long time practicing Calgary criminal lawyer what I have seen is a disparity in the accumulation of administrative offences between people economically and socially disadvantaged and those who are not. For example, those who live in more transient living conditions are much more likely to commit administrative offences arising from a substantive allegation than those who are not. It's hard to maintain a residence when one doesn't have a stable home. Though I run a different practice with a different business model and as such, only handle a small number of Legal Aid or pro bono cases each year, I have immense respect for the Calgary criminal lawyers who have devoted themselves to helping people like DTD. Happily, DTD successfully defended the case after it was set for trial.  Sometimes fighting. a case at trial is the best option.  Searching for a Calgary fraud lawyer, call 403.452.8018 for a free consultation.

R. v. S.B.S.

December 15, 2019

(Lethbridge, P.C.). David Chow is a full spectrum  Lethbridge criminal lawyer who handles all cases involving Canada Border Services investigations. In this case, the accused was alleged to have been in possession of stolen property, including sensitive data from the United States of America. The accused was the subject of a Federal Bureau of Investigation (FBI) alert. SBS was detained at the Canada-US border by Canada Border Services (CBSA) agents. Upon an initial review of disclosure it was clear that the accused was not in possession of any stolen property and all of the allegations supporting various charges were clearly hearsay and potentially speculative. The accused's Lethbridge Defence Lawyer/Calgary criminal lawyer corresponded with the Crown, who after diligently reviewing the case properly agreed to enter a "stay of proceedings". As a result, SBS successfully defended the allegations. If you have been charged in relation to incidents arising at the Canada-US Border or with anything, do your due diligence researching Alberta criminal lawyers with the knowledge and experience to help with your case. Hiring a criminal defence lawyer in Alberta or anywhere is perhaps one of the most important decisions you will ever make. David Chow is one of a few Calgary criminal lawyers who regularly appears in Lethbridge, Alberta. David is a Lethbridge drug lawyer, Lethbridge DUI lawyer and a full service Lethbridge criminal defence lawyer. No matter what the charge, call 403.452.8018 for a free initial consultation. 

R. v. A.D.

October 17, 2019

(Calgary, P.C.). AD was charged with various fraud offences, including fraud over $5000, fraud under $5000, possession of fraudulent identification documents and impersonation. The incidents alleged opening a fake bank account, accessing accounts and transferring money. The accused was in serious jeopardy. She had no prior criminal record. The Crown and Defence counsel worked closely to fully evaluate the case. There were identification issues, coupled by legitimate concerns as to whether the accused was the principle offender. The accused had immigration issues that if convicted of certain charges, she could have faced automatic deportation notwithstanding her many years in Canada. At the end of the day, the defence and crown crafted an appropriate disposition that focussed on the allegations the Crown obvious evidence, while at the same time keeping the accused out of jail and protecting her immigration status. This case is important because it highlights that defending criminal cases involves a variety of different considerations. In light of amendments to the Immigration and Refugee Protection Act (IRPA), mitigating immigration consequences can take primacy when defending against a criminal prosecution. Though David Chow is a Calgary criminal lawyer and not an Alberta immigration lawyer, he understands that it is sill important to have a working understanding of immigration issues.  Anybody who is not a Canadian citizen who is facing immigration issues should always consult with a qualified Calgary immigration lawyer. David Chow is one of many experienced Calgary criminal lawyers who offers a free consultation. He is not only a Calgary fraud lawyer, he is an impaired driving lawyer, a Calgary drug lawyer and Calgary defence lawyer who handles all domestic violence cases.  If you have been charged, call 403.452.8018.

R. v. A.R.D.

September 6, 2019

(Calgary, P.C.).  ARD was charged with fraud under $5000. After a review of the disclosure, it was clear that there was a very meritorious defence that even if the Crown could prove that he/she was present at the business where the fraud was alleged to have occurred, it was very unlikely they could prove the case beyond a reasonable doubt. In the tradition of the Crown directed a "stay of proceedings".  Though the Defence often never discovers the reasons for the "stay of proceedings" (stay) and did not learn of the reasons in this case, ARD illustrates that pressing to trial is often the best way to fully defend a charge. This accused will not have a criminal record reflecting this allegation. It is important to appreciate that a Crown directed "stay" results in the "stayed" charges being set aside.  The accused is no longer subject to bail conditions.  Neither the Court nor the Defence has any basis to interfere with a Prosecutor's discretion to "stay" a charge as opposed to applying for a "withdrawal".  A stay is effectively a "no guilty" result with the exception that if the Crown "stays", they have the discretion in exceptional circumstances, where new evidence that could not have been discovered by any ingenuity on the part of prosecution, to re-open the case within 12 months from the date of the stay. In my legal career as a Calgary criminal lawyer, I have only witnessed 1 case re-opened and that occurred because the accused effectively made admissible confessions to third-parties after the stay was entered.  For a free telephone consultation with an Alberta criminal lawyer who handles all criminal charges, including fraud, call 403.452.8018.