VANCOUVER CRIMINAL & DRIVING LAWYERS

EXPERIENCED LAWYERS. EXCEPTIONAL RESULTS.

Filkow Law is a highly experienced criminal law firm with particular expertise in sexual assault cases, drug and money offences, and driving prohibition cases.

Criminal Law

Filkow Law is a highly respected criminal law firm with offices in Vancouver, Surrey, Abbotsford, Richmond, and Kelowna. Filkow Law defends cases across BC.

Drug & Money Offences

Filkow Law have successfully defended hundreds of drug offence cases.

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Assault Offences

Filkow Law has 50+ years of experience with all types of domestic assault and weapons offences.

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Sexual Offences

The lawyers at Filkow Law have extensive experience in dealing with sexual assault cases in BC.

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Criminal Driving

Filkow Law is a leading authority on impaired and dangerous driving offences.

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Theft & Property Offences

Filkow Law has extensive experience in dealing with theft, property and fraud offences.

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The driving lawyers at Filkow Law specialize in drinking and driving law and driving prohibition cases with offices in Vancouver, Surrey, Abbotsford, Richmond, and Kelowna. The firm is known for achieving outstanding results in driving cases across BC.

Immediate Roadside Prohibitions

Filkow Law has defended hundreds of immediate roadside driving prohibition cases.

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Driving While Prohibited

Filkow Law is a leading authority on driving while prohibited cases in BC. A driving while prohibited charge can lead to lengthy driving prohibitions and jail.

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Licence Prohibitions

The lawyers at Filkow Law assist clients daily with driver’s licence prohibitions across BC.

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ICBC Breaches & Car Accidents

Filkow Law his highly experienced in the specific area of ICBC breaches of insurance and ICBC driving cases.

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EXPERIENCED VANCOUVER LAWYERS

Filkow Law is a highly respected and well-established law firm in British Columbia. Its lawyers are recognized for achieving outstanding results in criminal and driving cases.
Clients benefit from the lawyers’ breadth of legal expertise, their extensive connections within the legal system and the collective resources of the firm.

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604-721-5770

If you need legal assistance, give us a call or simply text us your police, court or driving documents to our respective text line.

Client Testimonials

My experience with Filkow Law was nothing short of exceptional! They offer honest, professional, and prompt legal service. Thanks to Michael Scott's professionalism, knowledge, and expertise, he was able to help me get out a very difficult situation where I had accumulated multiple dangerous offence traffic tickets. I was facing a possible suspension of my driver's license, but Michael was very diligent and did a phenomenal job of getting favourable outcomes on all my offences. I no longer face suspension and I have Michael to thank for it. Lastly, they are very fair and reasonable with the fees that they charge and always hold their client's best interest in mind. I am very satisfied with the service that I received and would not hesitate to refer Filkow Law.

- S.K.

I was facing an assault charge from a neighbour, when in reality I was the victim and the claimant lied to police with biased witnesses. Anthony Robinson, and West Pryde did a great job resolving the case, by finding non-biased witnesses on my side, and getting the case dropped without resulting in a trial, Anthony was very polite courteous, and knowledgeable. You get what you pay for with this top firm.

- S.L

My experience with Filkow Law entailed everything I would have expected from a top-tier law firm. The lawyers at Filkow Law were knowledgeable in all aspects of my case, and from my first consultation, they put my mind at ease. They were quick to address any comments or concerns I had throughout the process.

- S.B.

My experience with Filkow Law was exceptional! The lawyers at Filkow Law are truly specialists in their field. Not only do they handle your case with care but they also communicate with the client with great compassion. From start to finish, I felt they had my back and the end result showed that they did! I switched to Filkow Law from another law office. As soon as I did, I never looked back. They communicated with me when needed. They kept me informed and updated. They were open and honest about how they would help me and never gave me any false hope. I felt that they did everything they could for me and that the end result was fair and just! I am truly grateful for their hard work and would recommend their services to anyone. Thank you Filkow Law!

- Z.D.

If you need a lawyer for traffic violations Michael Scott is your man! He followed up promptly and kept me updated with my legal matters. Professional and helpful. Got 5 violations dismissed on my behalf. I couldn’t be happier with his work. Definitely sharing his contact info. with friends needing help with legal matters relating to traffic violations.

- S.K.

"I can’t thank you enough for the news Kevin delivered to me this am. Obviously I couldn’t be more pleased. “you decidedly removed the noose from the hang man’s grip that was hovering above my head for these many months. I have never felt more powerless, as well as shameful. You were both wonderful to work with. What a team! Gracious and powerful at the same time. Thank you also on behalf of my husband."

- R.D.

"Mr K Filkow is in law business since I was teenager and at 45+ yrs old I would pick him over any other criminal lawyer cause he has never let me or any of my family or friends down in 25+ years we have been closely working with his firm only as everyone knows we had very big circle of friends and he always managed to get us through our hard times on way or the other. Thank you kindly Mr Filkow for keeping us safe with your professional services."

- K.D.

I could not recommend the lawyers at Filkow Law enough! The entire team is highly professional and knowledgeable. They answered all of my questions honestly and were always quick to respond. I always knew what to expect. They were upfront and honest about their fees and they stuck to their word. As with anything, there are no guarantees, but I felt as though they worked hard for me and did everything they could to get me the best possible result. I am very satisfied with the service that I received and would not hesitate to refer my friends and family to Filkow Law for assistance.

- A.B.

Kevin and his team were amazing. They answered all my questions and made sure I knew what was happening at all times. They checked up on the kids and I and just made sure I was alright at least every month or so. In the beginning I was so nervous but after speaking with Kevin and his team, they made me feel so comfortable I just knew I was going to be taken care of. If you ever want the best go to filkow law, you won’t be disappointed...

- J.B.

I am so grateful for the effort, care, and support from the Filkow Law team. Everything I left in their hands was taken care of quickly and efficiently. Not only are they fantastic at what they do, they truly care about their clients. I cannot thank their team enough for their endless efforts, always keeping me updated, and answering all my questions thoroughly without any hesitation. I am very pleased with my outcome and the service I received. My case resolved with 100% success. Thank you Filkow Law.

- B.Y.

Where do I start FILKOW law group is unstoppable over the many years I called him he pulled right threw for me and my family I highly recommend him I promise you he will do the same for you and your family God bless him and his law firm.

- J.S.

You are a wise and seasoned professional, Kevin. I feel fortunate to have been connected with you. You know your stuff. I thank you for your excellent work and professionalism. I recommend you most highly.

- B.M.

Merry Christmas And Happy New Year Kevin, when I reflect on the last year I can't help but be reminded of the kindness and generosity you have shown to me and my family and the New start you have given to my son. It has been an absolute pleasure knowing you and knowing there are still good people in this world. Thank you again and again for helping my young man back on the path of doing what he was raised to be, not be a follower.

- D.H.

My case just finished and I wanted to thank Mr. Filkow I don't want to detail the circumstances of my case because they still make me very upset. But there were serious allegations against me which have recently been dismissed meaning the case has been dropped. Mr. Filkow was an excellent lawyer from beginning to end - he is very smart and his instincts are great. He also has a very good team - Mike and Anna were very helpful along the way and were very patient with me. So I do want to thank Mr. Filkow and his team for taking care of me and my family - it meant the world to us.

- L.P.

Amazing service with even better results. Filkow law handheld my driving case without flaw. If you get pulled over... call Filkow. One meeting and everything was taken care of for me. All I had to do was answer my phone to receive the good news. Saved me thousands of dollars and lots more. True professionals. 6 stars not 5.

- K.P.

From my first phone call with Kevin Filkow, to meeting Anthony Robinson, to calls with Anthony's assistant... Amazing! I could not have gone through the past 2 years without them. Anthony is professional and thorough making sure I was okay every step of the way. I can't thank Anthony enough for his hard work, understanding my needs and making sure I wasn't stressed unnecessarily. Thank you so much!!

- C.N.

Thank you to Mr. Kevin Filkow, Ms. Paula Cooper and Filkow law team. This was very stressful time for my family and I. We went to many law offices and we decided on Mr. Kevin Filkow as our lawyer. His plan of action and predilection for case made the decision as our lawyer. Anytime we arrived at the office he made my family and I comfortable. His work ethics, engagement and performance got me through this difficult time. Again I thank you.

- M.V.

- J.S.

When I first realized that I would be needing a lawyer to deal with my case I knew I couldn’t just trust anyone with my future, I had to find the best of the best, the top elite lawyer to take control and guide the case to the direction of victory. Ermina at Filkow Law Group was absolutely outstanding in every way, very responsive to emails and phone calls, she would answer any and all questions/concerns I had - making me feel heard, respected, and explained all the details. She worked very hard on getting my case solved to the point of no criminal record thus changing my future and life in the most positive way. Thank you to Ermina and Filkow Law they truly care and know how to get the job done, period. If you want to feel safe and secure in your case, there is no one else but Filkow to make that happen. Thanks again to Ermina, such a blessing.

- R.B.

Kevin and his team have been exceptional in their ability to help me over the years. They have shown tremendous work ethic and truly aspire to go above and beyond! Thank you Filkow Law for everything!

- R.J.

Honestly these guys worked so hard for me and I’m truly grateful for everything they have done. Really friendly firm and look out for your best interest. Kevin and Anthony are top notch!. I would recommend filkow law to anyone who is in search of the best.

- J.W.

FILKOW LAW BLOG

Nov 29, 2022

The police took my stuff, can I get it back?

When the police suspect someone of criminal activity, it’s common for them to obtain search warrants to search the suspect’s home, car, or other storage sites. When they do this, they’ll often seize many items. Sometimes, the suspect doesn’t get charged with a crime, or at least they’re not charged yet, but the police are still holding on to the seized items for a long time, depriving their owner of them. In some cases, this can even go on for years.

What do the police do after they’ve taken things they obtained with a search warrant?

The first thing that’s supposed to happen after the police seize things from a suspect is that they’re supposed to get an order from a justice, “as soon as practicable,” that allows them to legally keep those things for a limited time period. If they don’t do this, they’re illegally possessing the suspect’s property. The police then need to satisfy a justice that they should be allowed to keep the seized things for the purpose of an investigation, criminal trial, or other (legal) proceeding.

The police don’t have to prove anything to satisfy a justice to give them an order to keep the seized things. A simple explanation is usually enough, like, “we took this person’s computer and business documents because we think we’ll find evidence there to support our fraud investigation against them.” The justice just needs to be “satisfied” the police need the items for their investigation.

Once the justice is satisfied, they grant the police an order to keep the seized things for 90 days. The suspect doesn’t get the chance to respond to the police’s justifications at this stage, nor do they even get notified that a justice granted the police the initial 90-day order.

So how can I get my stuff back if the police have a right to keep it for 90 days? Do I get it back after that?

The answer to these questions are “it depends.” If the police seized things that they don’t require for their investigation or any other proceeding, then they should return those things, provided the suspect is legally entitled to possess them. However, it’s not possible to get an order from a judge during the first 90 days for the police to return things they’ve seized unless it’s creating some hardship for the suspect. If there’s no hardship, the suspect can only apply after the first 90 days are expired. Before that happens, the police will notify the suspect that they’ll be applying to keep the seized things longer than 90 days. Often, the police ask for a nine-month time extension after the first 90 days after up.

If the police seized things from someone other than the suspect, i.e. a third party, then that third party can apply at any time to have their things returned to them. Usually, a judge, rather than a justice, decide whether to order that things belonging to a third party should be returned to them.

The police took a bunch of stuff unrelated to any criminal investigation. Can I get that stuff back, at least?

The police will often seize money, cars, or other property from people they’re investigating. Although the seized things might have nothing to do with their criminal investigation, the police will take them to seek to have them forfeited through civil forfeiture proceedings. That’s a procedure in civil court where the government alleges that things seized from a suspect were used to commit a crime (e.g. a vehicle used to transport drugs) or obtained by committing crimes (e.g. money earned from the sale of illegal drugs). If a civil court judge is satisfied that the seized things are “tainted” in this way, then they can order the property has to be forfeited (i.e. given up) to the government.

When the police obtain an order from a justice to keep seized things for the initial 90 days, the justice also considers whether those things are required for civil forfeiture purposes. If they are, they’ll grant the order for that reason too. The justice doesn’t only focus on whether the seized things are for a criminal investigation.

After the initial 90 days, the police must apply for a time extension to keep the seized things beyond 90 days. Many times, their application is uncontested by the suspect. However, if it becomes contested, then a judge, rather than a justice, will usually decide whether to grant the time extension. At that stage, the judge must “have regard to” the nature of the police investigation before granting a time extension to the police. This is a slightly more stringent test than the test for the initial 90-day order.

At the 90-day stage, it’s possible for a judge to find that the police have been too slow to refer seized things to civil forfeiture if that was the reason police seized those things in the first place. If that happens, the suspect might get their things back. If not, the judge will grant the extension to the police. The suspect might then need to argue their case in civil court once civil forfeiture proceedings are underway unless the suspect gets charged with a crime before the time extension expires.

The police’s investigation is complete, and I’ve been charged with a crime. Does that change anything?

If the suspect is charged with a crime, it changes everything. The police no longer require any orders from a judge or justice to keep the things they seized from the suspect (once charged, the suspect is now called “the accused”). The police are legally entitled to keep the seized things until the end of the criminal proceedings, where the accused will be found either guilty or not guilty.

Once the suspect is charged with a crime, the police also don’t need any more judicial orders to keep the things they’ve taken for civil forfeiture purposes. They can also keep those things until the end of the criminal proceedings. The police can still choose to refer those things to the civil forfeiture office, but often they’ll wait for the outcome of the criminal proceedings instead.

If the accused is found guilty, the Crown can apply in criminal court to forfeit the accused’s seized things. This is a similar procedure to civil forfeiture proceedings but takes place in criminal court after the verdict.

Once again, if the police seized things from a third party (i.e. someone other than the accused), the third party is allowed to apply to have their things returned to them at any time, even if the suspect/accused has been charged with a crime as part of that police investigation.

All of this is pretty unfair, isn’t it?

The policy of using civil forfeiture as a means to tackle crime is controversial. The power of the police to take things from people, and to keep them with very little proof they have a good reason to keep them, also raises concerns about the extent of police power. The way the law is structured relies heavily on the police acting in good faith.

However, a suspect isn’t deprived of all remedies when the police take their things. The rights of innocent third parties is protected by the law. The framework around civil forfeiture allows some flexibility to civil court judges to return property to suspects.

Some judges have granted accused people remedies under the Charter of Rights and Freedoms, where the police were cavalier about following the proper procedures to keep things they had seized from the accused. The first step to fighting back, of course, is getting a lawyer to look at the issue.

Contact Filkow Law today

If the police have filed a search warrant or have had your seized belongings referred to civil forfeiture, call Filkow Law today. Our lawyers have vast criminal law experience and are equipped with the right tools to assist your case. Contact us for a consultation today.

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Oct 25, 2022

What are the possible outcomes of a criminal charge?

Many people accused of a crime have no idea what the possible outcomes could be to the accusation. Below is a list of possible outcomes after someone has been accused of a crime in Canada.

(1) No charge

The Crown prosecutor decides their charging standard is not met and does not approve/lay charges.

To approve a charge in British Columbia, the Crown must be satisfied that: (a) the charge/prosecution is in the public interest; and (b) there is a “substantial likelihood” of conviction.

In BC, the standard of proof is higher than other provinces. In Ontario, only a “reasonable prospect” of conviction is required and, in Alberta, the standard is “more likely than not”.

Another difference in charge assessment is that the Crown approves criminal charges in BC – not the police. In other provinces, such as Ontario, Alberta and Manitoba, the police approve charges without Crown approval.

(2) Acquittal/Not guilty

The judge or jury makes a finding of “not guilty” after trial. This occurs when the judge or jury is not satisfied that the accused committed the offence beyond a reasonable doubt.

(3) Charge withdrawal

The Crown decides to withdraw, or undo, an approved charge. This outcome is rarely utilized by the Crown in BC. The Crown in BC more frequently enter a stay of proceedings (see below).

(4) Stay of proceedings

The Crown “stays”, or stops, the prosecution. This is commonly how the Crown drops charges in BC. Legally, it is possible for the Crown to reinitiate a prosecution after a stay, however it is rare.

(5) Alternative measures

The Crown diverts an accused’s prosecution from the courts to Community Corrections (or probation). If the accused is accepted into the program, they must complete some requirements that are like probation. If the accused successfully completes the requirements, the Crown will enter a stay of proceedings on the charge. The Crown can also divert a case before charging it.

(6) Peace Bond

The accused acknowledges the complainant has a reasonable fear of them and agrees to enter into conditions for up to one year. A peace bond is not a criminal charge. It is similar to what many people refer to as a restraining order.

Peace bonds do not involve the accused admitting guilt, instead, they acknowledge the complainant’s reasonable fear of the accused. The conditions of a peace bond include restrictions on contact with the complainant. There may be various exceptions depending on the circumstances.

(7) Absolute discharge

The judge finds the accused guilty of an offence but does not convict them. This is like a sentence of mercy. Because the accused is not convicted they do not receive a criminal record and they do not receive any punishment (conditions, fines, jail, etc.).

(8) Conditional discharge

The judge finds the accused guilty of an offence and imposes up to three years of probation. This is like an absolute discharge but with conditions. If the accused is convicted of breaching their probation, the court may revoke the conditional discharge and convict the accused. After completing the conditions, the discharge becomes absolute.

(9) Suspended sentence

The judge convicts the offender and imposes up to three years of probation on them. This results in a criminal record but no fine and no jail.

(10) Fine

The judge convicts the offender and imposes a fine. This is not like a fine imposed for a traffic violation and failure to pay can result in jail time.

(11) Conditional sentence

The judge imposes a jail sentence on the offender but allows them to serve their sentence in the community under certain conditions. This is sometimes called house arrest. The maximum time for the conditional sentence is two years less a day. A further three years of probation can be imposed at the end of the conditional sentence.

(12) Intermittent sentence

The judge imposes a jail sentence on the offender but allows them to serve their sentence a few days at a time. The offender usually serves an intermittent sentence on weekends. They go into custody on Friday evening until Sunday. This may allow an offender to maintain employment. The offender is also placed on probation on the days they are not in jail.

(13) Jail – provincial time

The judge imposes a jail sentence on the offender of up to two years less a day. This is referred to this as “provincial time” because these sentences are served in provincial correctional centres. Provincial time can be followed by up to three years of probation.

(14) Jail – federal time

The judge imposes a jail sentence on the offender of two years or more. This is referred to this as “federal time” because these sentences are served in federal correctional facilities. There is no probation for federal time.

Charged with a criminal offence? Call Filkow Law

If you are being investigated, or have been charged with a criminal offence call the lawyers at Filkow Law for representation and expert advice.

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Sep 28, 2022

Can I look up criminal cases online in BC?

In BC, we have an online system that tracks criminal and traffic cases in provincial court. It also tracks superior court civil cases and appeal cases. You can find this at the Court Services Online website. For criminal cases, click on “search traffic/criminal” then enter the name of the person you want to search.

What information is included on Court Services Online for criminal matters?

You can obtain quite a bit of information from doing a search query on someone on Court Services Online. Criminal and traffic cases will be listed. You can see the court file numbers. Those starting with “AH” refer to traffic matters. You can see the police file number (called “Agency File #”), the court location, date/time, reason for court date, and the last result.

If you click on “view”, you can see even more information, including the charging date, the alleged offence date, the offence charged, all the court appearances, and the outcome under “sentences/disp.”.

What do all the three letter abbreviations mean next to the court appearances?

There’s many possible two or three letter acronyms next to the court dates found under the “reason” column (as in, “reason for court date”). For the first court date, this will be listed as “FA” for First Appearance. Regular court dates are listed as FxD for “Fix Date”. That means those dates were set to set another court date. That might seem silly, but this exists whenever an accused hasn’t decided yet whether they’ll choose to plead guilty to their charges or set them for trial.

The letters “CWC” stand for Consult With Counsel. This means the accused doesn’t yet have a lawyer. Their next court date exists to tell the court whether they’ll be hiring one, and if so, who it’ll be. The letters “JIR” stand for Judicial Interim Release. This means the court date is set for a bail hearing to determine whether the accused will be released from custody (i.e. jail) pending the outcome of their charge.

Another acronym is CWI, which stands for Compliance With Instructions. This can show up when an accused has been referred to alternative measures, a type of mini-probation that, if completed, means the Crown prosecutor will drop the charges. The court date exists to confirm with the court that the accused completed those requirements.

An important acronym is WI, which stands for Warrant Issued. This occurs whenever an accused fails to appear for court when they knew they should have. If a warrant exists for your arrest, it’s better to turn yourself in rather than wait until the police arrest you. Getting re-released on bail will be more likely that way.

So, everything going on with someone’s criminal charges is visible to the public?

Yes. Without any application for a publication ban at a bail hearing, court information will remain visible to the public. It’s likely that many employers are aware of the existence of Court Services Online, and they may look someone up to do a quick “background check” on them.

The potential use of Court Services Online by prospective employers is hardly fair, because the accused could be rejected for a job application without having ever been found guilty of anything. Ongoing charges get listed on Court Services Online, regardless of the strength of the prosecution’s case.

Worse yet, prospective employers usually need to get the consent of applicants before doing background checks on them. With Court Services Online, they can look up ongoing criminal matters without any consent from the applicant, or even without the applicant knowing they were searched in this way.

Is there any way to erase my information listed on Court Services Online?

The best an accused can do is ask the judge for a publication ban during their bail hearing. The judge can only order such a ban when the issue of bail is live. They can’t make such an order at other types of hearings. Even then, if a judge orders a publication ban, the entry on Court Services Online won’t be removed altogether. Instead, it’ll still exist and say “ban imposed”. It won’t be possible to view the charges, but other information may still be visible.

Once the charges are dealt with, the entry on Court Services Online will remain for a certain time, after which they’re usually removed. The time varies depending on the outcome. If the accused is convicted (i.e. if they received a criminal record as part of the outcome) then the entry might remain indefinitely, or until the accused obtains a record suspension (i.e. a pardon).

Other expiry dates include one year for a peace bond or stay of proceedings (i.e. if charges are dropped) and perhaps longer for a conditional discharge (i.e. for probation with no conviction/no criminal record). It’s unclear how long the entries remain because it depends on the administrative decision-making of the government staff that runs Court Services Online.

If an old charge remains visible on Court Services Online, and enough time has passed that it should have been removed, it’s possible to simply ask the Court Services Online staff to remove it. They may not readily be responsive. If they refuse to remove it and offer no way to appeal their decision, the only remedy available is to apply to a judge in superior court to review their decision.

Is anyone’s privacy protected after they’re charged with a crime?

Oddly, criminal matters being heard in superior court don’t appear on Court Services Online. This is ironic because superior court only deals with criminal matters where the Crown has proceeded by indictment, i.e. where the Crown consider the charges to be on the more serious end of the spectrum. That means the privacy of people accused of more serious crimes is better protected online than for people accused of less serious crimes.

The only class of people who will not appear on Court Services Online at all are youth. This is to give effect to the Youth Criminal Justice Act, which says young people should receive enhanced privacy protections.

If you are being investigated, or have been charged with a criminal offence call the lawyers at Filkow Law for representation and expert advice.

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VANCOUVER CRIMINAL & DRIVING LAWYERS

EXPERIENCED LAWYERS. EXCEPTIONAL RESULTS.

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Assault Offences

Sexual Offences

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Theft & Property Offences

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