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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. B.D.R.

July 22, 2020

(Calgary, P.C. - PPT).  BDR sought judicial interim release (bail) in relation to a plethora of charges, including: cocaine trafficking in Calgary, possession for the purpose of trafficking, unlawful discharge of a firearm, breach of recognizance and failing to appear in court. In R. v. Antic the Supreme Court of Canada recently re-affirmed cornerstone principles ingrained into Canada's criminal law: the presumption of innocence and the right to reasonable bail. With respect to judicial interim release (or bail), the Supreme Court was very clear that all persons accused of crime are presumed innocent until proven guilty and have a right to reasonable bail unless there is "just cause" to believe that detention is necessary. The narrow set of circumstances for detention include: unmanageable flight risk, the risk of new criminal offences that will endanger the public and the loss of public confidence in the administration of justice. For BDR the strength of the crown's case was highlighted; this included serious issues with the Crown's ability to identify the accused as the perpetrator of any crime. Since BDR was charged with trafficking and firearms offences, the onus on bail was reversed -- meaning, he had to show cause for release. Though there were many Calgary criminal lawyers to choose from, BDR hired David Chow -- a Calgary drug lawyer, firearms lawyer and full service criminal defence lawyer with nearly two-decades of experience defending cases in Court. As result of showing weaknesses in the Crown's case, BDR was granted judicial interim release. Bail is critical to the defence of any case. If you are looking to retain a Calgary bail lawyer, call David Chow for a free consultation. 

R. v. R.V.

March 27, 2020

(Airdrie, P.C. - Possession for the Purpose of Trafficking).  Though RV certainly had a very viable defence to the allegations of possession for the purpose of trafficking and thus likely would have successfully defended this case on grounds that the Crown could not prove "possession" of the drugs beyond a reasonable doubt, this Airdrie criminal lawyer suspects that the entry of an early stay of proceedings in this case was the result by the coronavirus pandemic.  This crisis will have a dramatic impact on some prosecutions for the foreseeable future. In this case, the drugs were located in a motor vehicle occupied by several persons. The drugs were not in plain view and RV was not the owner or operator of the vehicle. To prove "possession" the Crown would have to prove that the accused had knew the drugs were present, consented to them being in his/her possession and had control over them.  Since the drugs were not in plain view, any argument that the accused had "knowledge" of them would have been difficult. Since the vehicle did not belong to the accused and was operated by him/her, any argument that he/she had "control" of the contents of the vehicle would have also been difficult. If you have been charged with a criminal offence in Airdrie, Calgary or anywhere in Alberta, consult with experienced Calgary criminal lawyers before you choose your legal representation.  David Chow hopes to be your Calgary drug lawyer of choice. Call 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. 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.