VANCOUVER CRIMINAL & DRIVING LAWYERS

EXPERIENCED LAWYERS. EXCEPTIONAL RESULTS.

CRIMINAL LAW

Filkow Law is a highly experienced criminal law firm with particular experience in sexual and domestic assault, drug and money offences, and criminal driving cases. The criminal lawyers in Vancouver, Surrey, Abbotsford, Richmond, and Kelowna are known for their exceptional results.

Sexual Offences

Criminal Driving

Drug & Money Offences

Assault Offences

Driving Law

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

Driving While Prohibited

Licence Prohibitions

ICBC Breaches & Car Accidents

Immediate Roadside Prohibitions

TOP LEGAL COUNSEL

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.

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.

Call Now

604-558-8778

Toll-Free Number

1-855-558-8778

Text Us

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.

Recent Blogs

May 20, 2022

Understanding Assault Charges in Canada

Allegations of assault offences are very common. From pushing and shoving to punching and kicking, assault is the most common type of violent crime. This article outlines the different types of assaults recognized in Canadian law and provides some explanation of each.

What is an Assault?

Assault is defined as the intentional application of force to another person, directly or indirectly, without that other person’s consent. Simply put, an assault occurs as soon as person A touches person B without person B’s consent. Any unwanted touching is an assault. There are a few features of assault that are important to understand.

First, the application of force must be intentional. If person A accidentally touches person B, then they have not committed an assault. Tripping and falling into another person, bumping into them while distracted, and being pushed into someone by a third party are not assaults because the application of force was unintentional.

Second, as set out in the definition, the application of force can be indirect. Suppose person A intentionally pushes person B into person C. In this scenario, person A is responsible for assaulting both person B and person C. Person A assaulted person B because he directly applied force to person B, and person A also assaulted person C because he indirectly applied force to person C by pushing person B into person C.

Third, any physical contact without consent that is more than trifling is an assault. Only the most minor and trifling physical contact is not an assault. For example, if person A taps person B’s shoulder to get their attention, person A has not committed an assault because the touching is so minor.

Assault is also defined as “an attempt or threat, by any act or a gesture, to apply force to another person, that causes the other person to reasonably believe that the person will apply force to them”. This means an assault can be committed even when there is no physical contact. An act or gesture can be an assault. An example of this occurs when person A raises their fist to person B in a way that makes person B reasonably believe he is about to be punched. In this example, person A has assaulted person B even though there was no physical contact.

A conviction for assault can result in a criminal record, a jail sentence and other consequences.

Assault With a Weapon

Assault with a weapon is defined as an assault where a person “carries, uses or threatens to use a weapon or an imitation thereof”.

Assault with a weapon shares the essential elements of an assault with the addition of a weapon. A “weapon” is defined as “any thing used, designed to be used or intended for use: (a) in causing death or injury to any person, or (b) for the purpose of threatening or intimidating any person”.

The law recognizes some items as weapons. For example, firearms, switch blades, stilettos, butterfly knives and brass knuckles. These are all weapons because they are designed to cause death or injury.

But depending on the context, anything – from a cell phone to a water bottle to a stapler – can become a weapon. Whether a thing is a weapon is defined by its context. Suppose during an argument person A grabs a stapler and hits person B with it. In this scenario, person A assaulted person B with a weapon. The stapler was simply a stapler until it was used in an assault. Once used to hit person B, the stapler became a weapon.

Assault Causing Bodily Harm

An assault causing bodily harm is defined as an assault that results in bodily harm. “Bodily harm” is defined as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature”. The threshold for bodily harm is low. It includes injuries such as bruising and cuts.

Assault causing bodily harm is defined by its outcome and not its intention. For example, suppose person A punches person B and person C at separate times but in an identical manner. Person B is cut by the punch and person C is not. Even though the act of punching was the same in each case, person A committed assault causing bodily harm against person B because person B was cut. It does not matter whether person A intended the cut to happen.

Assault causing bodily harm is more serious than an assault without bodily harm and can result in a more significant sentence on conviction.

Aggravated Assault

Aggravated assault is defined as an assault that “wounds, maims, disfigures or endangers the life of the complainant”. This means that there are effectively four separate kinds of aggravated assaults: those that wound; those that maim; those that disfigure; and, those that endanger life.

A “wound” is defined as “a break in the continuity of the whole skin that constitutes serious bodily harm”. A stabbing meets the definition of a wound.

“Maim” means “the loss of the use of some body part or some bodily function”. Breaking someone’s arm or leg is maiming. The loss of use of this body part or function does not need to be permanent to constitute maiming.

“Disfigurement” is an injury that has a long-lasting and significant effect on the appearance or beauty of a person. Examples include scarring as a result of cuts, acid or burns. A temporary effect on a person’s appearance, such as a bruise or a black eye, is not a disfigurement.

“Endangering” means to endanger a person’s life as a result of a completed assault. The following two examples help illustrate the definition:

Person A pushes person B on a 4th-floor balcony causing person B to go over the railing. Person B manages to hang on. Person B is not harmed but his life was put in danger as a result of the assault.
Person A pushes person B into a busy intersection with many fast-moving vehicles. Person B is fortunate that the drivers see him and avoid a collision.

In both cases, the assault itself did not result in any harm or injury, but the person’s life was put in danger by the assault.

Aggravated assault is more serious than assault causing bodily harm and will usually attract a jail sentence upon conviction.

Domestic Assault

Domestic or spousal assault refers to any form of assault against an intimate partner or a family member. A domestic assault is an aggravating circumstance on sentence if convicted. An “intimate partner” is defined as a “current or former spouse, common-law partner and dating partner”. Any assault against a girlfriend or boyfriend is a domestic assault.

Domestic assaults require special consideration for a few reasons.

First, an allegation of a domestic assault will routinely result in an accused person being put on conditions not to go to near their partner and not to contact their partner. There are limited exceptions. This can be challenging when a couple lives together or coparents children.

Second, domestic assaults may overlap with family court proceedings. A decision in one case may affect the other. This requires coordination between a family lawyer and a criminal lawyer.

Third, if the couple has children, the Ministry of Children and Family Development may send a social worker to investigate and make decisions about where a child should live or whether a protection order is required. The Ministry has the authority to impose their own conditions separate from the police and the court based on the best interests of the children.

Uttering Threats

Uttering threats is defined as “knowingly uttering, conveying, or causing any person to receive a threat (a) to cause death or bodily harm to any person; (b) to burn, destroy or damage real or personal property; or (c) to kill, poison or injure an animal or bird that is the property of any person”. In other words, three specific types of threats are prohibited: threats to kill or harm someone; threats to damage property; and threats to injure a pet.

Allegations Of Assault Offences

Allegations of assault and uttering threats can be complex and serious. The lawyers at Filkow Law have extensive experience in defending people from these types of charges. If you find yourself being investigated or charged with this type of offence, call us immediately.

Read Now

Apr 22, 2022

Fatal Pedestrian Vehicle Accidents In BC

In 2020, 1,200 motor vehicle accidents in the Lower Mainland involved pedestrians. 24 of those accidents involved the pedestrian passing away as a result of their injuries. Common contributing factors include speeding, distraction, or impairment. However, not all accidents involve active wrongdoing on the part of the driver. Often, accidents are simply just that, an accident. A common example involves a driver that does not see the pedestrian as a result of heavy rain and darkness in the winter months. However, this does not mean that the driver is not responsible. In these circumstances, the Court has made it clear that while there is no criminal wrongdoing on the part of the driver, wrongdoing could be proven under the Motor Vehicle Act for driving without due care and attention.

Fatal Pedestrian Vehicle Accidents: Legal Implications

The provision for driving without due care and attention can be found under section 144(1)(a) of the Motor Vehicle Act. Although this offence is not criminal in nature it is dealt with in criminal court. This offence is proven when a driver – while attentive to the mechanics of driving – is inadvertently negligent by failing to direct his or her mind to matters (other than driving) which ought to have been directed. For example, Filkow Law commonly represents drivers who are making a legal left turn but strike a pedestrian that is legally crossing the street. The Court has stated that an accident of this kind is not criminal however, the driver should have turned his or her mind to the fact that a pedestrian may have been in the crosswalk prior to making the left turn and if the driver is found not to have turned their mind, they were inadvertently negligent and responsible for driving without due care and attention.

The law of pedestrian fatalities is complex. There is a fine line between being inattentive and being inadvertent.

The potential consequences for being found guilty of driving without due care and attention include a fine, a driving prohibition and, in some cases, a jail sentence.

If you were involved in a motor vehicle-pedestrian accident, call the lawyers at Filkow Law for knowledgeable and experienced advice.

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Mar 17, 2022

Filkow Law Lawyer Anthony Robinson Successfully Argues Insanity Defence

In a newly published decision from the British Columbia Supreme Court, Anthony Robinson of Filkow Law successfully defended his client on a charge of second-degree murder on account of a mental disorder rendering him incapable of knowing that the act was morally wrong. This defence is sometimes known as the “insanity defence”. It is provided for in section 16(1) of the Criminal Code:

No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

This defence can be divided into three parts: (1) Did the accused suffer from a mental disorder? (2) Did that mental disorder render the person incapable of appreciating the nature and quality of the act? (3) Did that mental disorder render that person incapable of knowing that the act was wrong?

What is a Mental Disorder?

A mental disorder is defined in section 2 of the Criminal Code as a “disease of the mind”. In R v Cooper, a 1979 decision of the Supreme Court of Canada, the majority of the court held that a “disease of the mind” means “any illness, disorder or abnormal condition which impairs the human mind and its functioning”. This definition excludes self-induced states, such as those caused by voluntarily consuming alcohol or drugs.

In this case, the judge agreed that the accused suffered from a mental disorder on the basis of two expert opinions that confirmed that the accused was schizophrenic.

Did that Mental Disorder Render the Accused Incapable of Appreciating the Nature and Quality of the Act?

In some cases, the accused may be so delusional that they are unaware of appreciating their actions. For example, some cases may involve a belief that the accused is fighting aliens or protecting people they are in fact harming.

In this case, the accused made statements to the police stating he wanted to turn himself in and that his intention was to kill the accused. The judge found that the accused was capable of appreciating the nature and quality of his act.

Did that Mental Disorder Render the Accused Incapable of Knowing the Act was Wrong?

In R v Chaulk, a 1990 decision of the Supreme Court of Canada, the majority of the court held that “wrong” means “morally wrong”, as opposed to “legally wrong”. In R v Oommen, a 1994 decision of the Supreme Court of Canada, the court clarified that “the crux of the inquiry is whether the accused lacks the capacity to rationally decide whether the act is right or wrong and hence to make a rational choice about whether to do it or not.”

In this case, the judge held that due to the accused’s schizophrenia and delusional beliefs that he had been poisoned by the victim, he did not have the capacity to make a rational choice about the rightness or wrongness of his act.

Conclusion

Ultimately, Mr. Robinson’s client was found not criminally responsible by reason of a mental disorder that made him unable to know the wrongness of his act.

In any case, from murder to assault to drug trafficking, it is important to have experienced counsel who are knowledgeable and familiar with the most current law. Filkow Law has over 50 years of collective experience and is a well-respected criminal law firm. If you are being investigated or have been charged with any type of criminal offence in Vancouver, Richmond, Surrey, Kelowna, or Abbotsford, contact our office for assistance.