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Domestic Assault: What you need to know

A domestic assault charge can have serious and long lasting consequences. No matter how minor the incident, it will be treated as a very serious matter by police and prosecutors. As soon as a spouse, family member, a neighbour or other third party calls the police to report a domestic incident, the case will be handled differently from other criminal cases. The police will show up quickly, and they will almost always make an arrest, even when there are no injuries.

Know your rights

Anytime you are arrested, you have several fundamental rights afforded to you under the Canadian Charter of Rights and Freedoms, including the right to speak to a lawyer without delay.  Many people still do not exercise their right to speak with a lawyer when they have been charged with domestic assault. While the police may tell you that this is your chance to tell them your side of the story, the reality is that the police are not on your side, and anything you tell them can and will be used against you. It is always recommended that you exercise your right to speak to a lawyer and to otherwise remain silent (that is do not talk to the police about the incident or otherwise).

A knowledgeable criminal lawyer will be in the best position to provide you with immediate legal advice upon you being arrested for domestic assault.

Know your bail conditions

After your arrest, you will likely be released with conditions. Bail conditions last until the completion of the case or unless they are varied, either directly by the police or by a Justice of the Peace or a judge. One of the basic conditions is likely to be that you do not have any communication or contact “directly or indirectly” with your partner or spouse, and/or that you do not go to the address where he/she resides (which may be your house) or go to his or her employment or educational facility.

The term “communicate” refers to any form of communication. This means that you cannot use a third party to contact or communicate with your partner or spouse. It also means that you cannot post messages on social media directed at your spouse, knowing that he or she is likely to see those messages. Even if your partner or spouse initiates contact with you, this is not a defence if you continue to engage in the communication.

It is fundamental that you don’t breach your conditions. It is highly recommended that you speak to a knowledgeable criminal defence lawyer as to changing the conditions of your release.

Know the process

A conviction for a domestic assault can result in a criminal record, the loss of your employment, can prevent you from getting certain types of jobs in the future, and could prevent you from traveling to the United States.

Resolving a domestic assault case is not as simple as your spouse asking to have the charges dropped. It is not up to the complainant to drop or pursue the charges. The case is dealt within the criminal justice system.

It is highly recommended that if you have been arrested or charged with domestic assault, you contact an experienced criminal defence lawyer to represent your interests.

We are very experienced with domestic assault cases. Don’t delay and contact us if you have been charged. We have many offices in BC to serve you including Vancouver, Surrey, Richmond and Kelowna.

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Our Head Office has Moved!

Filkow Law is pleased to announce as of August 15, our new head office is located at 510-450 SW Marine Drive in Vancouver. Our new office is on the Marine Drive Canada Line station. Extensive metered and underground parking is also available.

Our new and larger office location allows us to provide additional services to all of our clients.

In addition to its excellent daily trial practice in criminaldriving and personal injury law, Filkow Law has expanded to include new lawyers practicing in the areas of car accidentsICBC breaches, family law, customs and border cases and other litigation matters.

Filkow Law will continue to provide legal services out of our offices in RichmondSurrey and Kelowna.

Please do not hesitate to contact us for any assistance at 604-558-8778. We look forward to seeing and serving you at our new Vancouver location.

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Voted Richmond’s Best Lawyer

Filkow Law has the pleasure of being voted 2016 Richmond’s Best Law Firm. Filkow Law has been serving a diverse community in the Richmond area for over 20 years. Lawyers and staff at the firm speak Mandarin, Cantonese, Punjabi, Russian, French, Serbian, Polish and German. The lawyers at Filkow Law specialize in criminal charges, driving cases, and ICBC cases.

Filkow Law is a highly regarded law firm with over 25 years of experience.

Filkow Law looks forward to continuing to deliver excellent outcomes for its clients. Please do not hesitate to contact any of the lawyers at the firm at 604-558-8778

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The Right Drug Defence

A drug conviction can have lifelong implications.

Drug related offences, particularly trafficking and possession for the purpose of trafficking, are some of the most heavily resourced police files. Police receive extensive training and are provided unlimited resources to utilize a variety of investigative techniques for drug cases. Some of these techniques include:

-Surveillance
-Confidential informants
-Wiretaps
-Undercover officers
-Trafficking devices

The accused is often faced with a large amount of evidence against him/her. The drug case looks bad and the penalties and implications can be very serious.

As drug cases have many layers, a wide variety of legal issues arise. It is important to go through all the evidence with a fine tooth comb and flush out the different issues.

Drug cases require strong preparation, excellent strategy, and more importantly, the right lawyer and legal team.

We have recently achieved some remarkable results for our clients with drug charges. Our extensive experience on drug cases has allowed us to develop specialized knowledge and a specific approach to handling these types of complex cases.

 

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Kevin Filkow chairs TLABC webinar on the Immediate Roadside Prohibition (“IRP”) regime

Kevin Filkow presented to members of the Trial Lawyers Association of BC on March 3, 2016. The informative webinar instructed lawyers on the Immediate Roadside Prohibition (“IRP”)  regime. The topics covered were:

  • Issues that determine whether a client should file for a review
  • Challenging the admissibility of evidence
  • Challenging the credibility and reliability of evidence
  • Taking advantage of police mistakes
  • Common mistakes that lawyers seem to be making
  • The inside scoop on the workings of RoadSafetyBC and its policies
  • The FST – how it works, why it was introduced and the basics of calibration testings
  • New case law
  • The remedial programs

The Immediate Roadside Prohibition regime is very different than how the system used to work. The process is different. The laws are different. The issues are different.  The timelines are different. The decision makers are different. It has become a very specialized area.

Filkow Law is a leading BC law firm dealing with drinking and driving offences. If you receive an IRP – you have 7 days to dispute it. Contact us at 604-558-8778 to discuss.

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Alcohol related offences highest during holidays

December is a busy time of year for all of us. Friends and families come together, enjoy good company, food and wine…and maybe beer…and vodka… and a long drive home. It is no surprise that impaired driving rates are highest in December. In fact, there were an estimated 24,000 cars stopped at BC police check stops last Friday night alone. Inevitably, your chance of receiving an Immediate Roadside Prohibition or being charged with a driving offence is exponentially higher during the holiday season.

An Immediate Roadside Prohibition (commonly referred to as an “IRP”) is a driving prohibition issued under the British Columbia Motor Vehicle Act to drivers found to have a blood alcohol concentration of 50 milligrams per 100 millilitres of blood (50 mg% or 0.05 BAC) and above. These prohibitions begin immediately, and can vary in length from 3 days (if you blow a WARN) to 90 days (if you blow a FAIL or refuse to provide a breath sample).

If you receive a 90 day prohibition, your vehicle will also be impounded for 30 days, and you will be responsible for the costs associated with towing and storage. This is accompanied by a $500 fine, a $250.00 license reinstatement fee, and a referral to the Responsible Driver Program, which costs over $800. Another possible consequence of an IRP is a referral to the Ignition Interlock Program, which will cost you over $1000, plus maintenance fees.

What many people don’t know about Immediate Roadside Prohibitions is that you have 7 days to dispute them. If you do not respond within 7 days, your IRP will be confirmed, it will remain on your driving record, and you can look forward to paying all those fees listed above! Not exactly the type of gifts you had in mind this holiday season! It is very easy to get caught up in all the holiday madness and forget this crucial deadline.

If you or someone you know have received an Immediate Roadside Prohibition or have been charged with a driving offence, contact Filkow Law at 604-558-8778 for proper legal assistance. Filkow Law is a leading BC law firm experienced dealing with drinking and driving offences.

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British Columbia’s Drinking and Driving Laws

This is the second part of my paper on British Columbia’s Drinking and Driving laws. Part one appeared in the last issue of The Verdict (Fall 2013), Trial Lawyers Association of BC.

The Government appears to find it politically advantageous to proclaim that the IRP legislation represents the “strictest impaired driving laws around.” This claim simply isn’t true, at least as a general proposition. Those who have financial resources and don’t depend on driving for their employment are far less penalized by the IRP regime than they would be under the Criminal Code. They pay for the fines and the programs imposed, and resume driving after three months. It is lower income, rural and/or younger drivers who are more likely to be harshly affected – often for years because they cannot afford to pay for the mandatory post-prohibition programs. Those whose employment requires being able to drive may also suffer inordinately, as they lose their jobs and they and their families suffer serious corollary effects from the loss of income.
The very real and substantial penalties that often flow from the IRP regime would be acceptable if the review process were fair. But it is not. There is virtually no means of challenging the word of the officer regarding what took place at the roadside, and the lack of checks and balances in turn will almost inevitably lead to an arrogant undesirable police culture.
The cynical culture of the IRP regime should not be allowed to perpetuate. There is some hope that the constitutional challenge in Sivia will receive a more comprehensive resolution from the Court of Appeal. In the meantime, we must fight for just outcomes and a fairer regime as best we can with the resources at our disposal.

Also see the original paper The Unsettling Unfairness of the IRP Regime.

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Kevin Filkow chairs annual Criminal Law Conference for Trial Lawyers of BC

I am pleased to chair this year’s Criminal Law conference for the Trial Lawyers Association of British Columbia. I was also chairperson in 2011 and 2012. They were excellent and instructive conferences. The audience and speakers included judges, media, journalists, defense counsel and crown prosecutors.

The theme of the 2014 conference is Criminal Law at a Crossroads: New Practice Strategies. Topics that will be covered include civil forfeiture proceedings and charter violations; police-issued process and warrants; expert evidence in drug cases; bail reviews; video testimony; recanting witnesses; pre-trial credit, victim fine surcharges; mandatory minimums; bail reviews; new issues in drinking and driving laws and pardons.

This year’s conference will be held at the Vancouver Hyatt on September 19th, 2014. I look forward to it once again.

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Filkow Law Opens A New Kelowna Office

We are proud to announce the opening of our new Filkow Law Kelowna location. Our new criminal law office is located in the heart of downtown Kelowna at 1638 Pandosy Street in suite #20.

There is ample street parking and the Chapman parkade is half a block away.

Contact us at our Kelowna criminal law office: (250) 860-2744.

Mailing and physical address: 1638 Pandosy Street #20, Kelowna, BC V1Y 1P8

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Kevin Filkow presents leading seminar on drinking and driving laws and IRPs, 2015

BC Police forces have begun using the new Alco-Sensor FST for use in Immediate Roadside Prohibitions.  This new breathalyzer has several important differences over the previously used versions.  The new version has been designed to attempt to limit the amount of user-errors by the police that were being observed and leading to unreliable results.

First, the device is programmed to not accept a sample if it is expired.  It is also programmed to not accept a sample if it is outside of the now-expanded temperature range.

Secondly, the device has a completely different set of messages that are possible compared to the old devices.

This will likely eliminate many of the factors that would historically lead to unreliable test results with previous devices, but there are still some factors that can indicate whether an FST reading is reliable or not.

If you have received an Immediate Roadside Prohibition, it is very important to have an experienced lawyer review your case and get proper legal advice as to whether your test results can be relied upon.

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