(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 The charge was withdrawn and TN did not shoulder a criminal record.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.
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.). 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.
(Calgary, Q.B.). BA was professionally and strongly prosecuted for possession for the purpose of trafficking cocaine and unlawful possession of a loaded, restricted firearm. In this case, police investigated the accused and another person during a 60 day surveillance operation that culminated in the execution search warrants in a private dwelling house and a vehicle. BA was found "not guilty" of all charges. The Defence argued that the "identification" by police was frail, that the circumstantial evidence that BA was in "possession" of the gun and drugs was not proven and that the case failed to rise to the standard of proof, "beyond a reasonable doubt". In the final result, the trial judge agreed that the evidence in relation to ID and possession was insufficient to prove that BA had knowledge, consent and control over items located in a secret compartment located in motor vehicle. If you have been charged with a drug or firearms offence, you are looking at serious jail time. A criminal prosecution is serious business; so if you have been charged, look for a serious Calgary drug lawyer. Give David Chow a chance to earn your business.
(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.