(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.
CALGARY Criminal LAWYER
calgary DRUG Lawyer
free consultation: 403.452.8018
"Though I have learned over the years how to practice criminal law smarter, the essence of my practice philosophy has never changed: my interest is your best interest; my only agenda is your success".
CRIMINAL DEFENCE LAWYER
David Chow is a full service Criminal defence lawyer with over 16 years of real litigation experience. He has successfully defended over a thousand cases, during which time he has run hundreds of trials. He routinely secures verdicts of "not guilty" and other favourable outcomes for his clients.
David Chow is an ardent and veteran defender at all trial courts, including the Provincial Court of Alberta and Court of Queen's Bench of Alberta. He defends cases in British Columbia and Saskatchewan and has argued cases as Appellate Counsel at the Alberta Court of Appeal, Saskatchewan Court of Appeal and the Supreme Court of Canada. He also routinely defends major cases such as multi-kilo level drug trafficking, sexual assault, home invasion, manslaughter, murder and organized crime. During the course of his legal career he has secured jury verdicts of "not guilty" for murder and was instrumental in successfully defending a client from being found guilty of "first degree murder" as a result of a Mr. Big Operation.
David is committed to providing a unique and cutting edge legal service; one where the client is properly informed about all aspects of his or her case, including the costs. Whether you are charged with impaired driving a drug offence, domestic violence or murder, defending the case is a partnership, where both the Accused and counsel must collaborate about strategies, defences and the law. Ultimately it is the Accused who carries the risk; it is the defence lawyer's job to help manage it.
Many Calgary criminal lawyers have websites boasting about their success. David is a senior criminal defence lawyer who has had actual, proven success. Call (403) 452-8018 for a free consultation.
charged with a criminal offence?
Managing any criminal charge can be challenging. If understanding the law was not hard enough, navigating the procedural nuances of a criminal courtroom can be overwhelming. David Chow can help manage your case.
Charged with Impaired Driving?
Charged with a Drug Offence?
Charged with Domestic Violence?
- Charged with any Criminal Code Offence?