Filkow Law has extensive experience across all areas of criminal law practice with particular expertise in the areas of sexual offences, criminal driving, assault offences, and drug & money charges.
Criminal law has become increasingly complicated. The impacts of a criminal record are devastating and lasting. It is important to retain highly qualified criminal lawyers who know the criminal justice system. The best legal representation demands a number of aptitudes: hard work, legal knowledge, preparation, sound judgment, good relationships and people skills, negotiation, advocacy, courtroom skills, commitment and tenacity.
As experienced criminal defence lawyers in Vancouver, BC, we possess these proficiencies and are dedicated to providing the best outcome. If you are under investigation or have been charged with a criminal offence, contact Filkow Law for legal assistance.
For more information on our highlighted practice areas, click any of the links below.

Sexual Offences
- Sexual Assault
- Sexual Interference
- Publication of Intimate Images
- Indecent Act/Exposure
- Luring a Child

Criminal Driving
- Impaired Driving (DUI)
- Illegal Blood Alcohol Level
- Refusal to Comply with a Demand
- Dangerous Driving
- Hit-and-Run

Assault Offences
- Assault
- Domestic Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Aggravated Assault
- Uttering Threats
- Criminal Harassment
- Weapons Offences
- Peace Bond

Drug Offences
- Possession for the Purpose of Trafficking
- Trafficking
- Possession
- Cannabis Offences
- Importing

Theft & Property Offences
- Theft
- Fraud
- Civil Forfeiture
- Breaking and Entering
- Robbery
- Possession of Proceeds of Crime
I have a first court date coming up. What should I do?
We recommend that you contact us in advance of that date.
Do I look guilty if I hire a lawyer?
No. You are innocent until proven guilty and you have the right to counsel. Exercising your rights cannot be used against you.
If I am taken into custody by the police. What should I do?
One of the most scary and unpleasant events for someone is to be in police custody. There is a serious imbalance of power. A phone call to a lawyer is generally the only legal assistance at a very vulnerable time. If you have been arrested, contact Filkow Law at (604-558-8778) or our 24-hour toll-free number at (1-855-558-8778).
Are the police allowed to randomly stop me while I am on the street?
Generally, the police do not have the power to stop or question you without a reason. The police are only permitted to detain and demand your identification when they have a reasonable suspicion that you are engaged in criminal activity. If the police do not have a reasonable suspicion, the detention is illegal and any evidence they obtain may be excluded at trial. For more information on police stops, click here.
Do the same rules apply to police stops while driving?
The police have the power to stop your vehicle to investigate your licence, insurance, registration, and the safety of your vehicle. However, your Charter rights apply to you and to anyone else in your car when the police officer pulls you over while driving. For more information on police stops, click here.
What is an assault?
An assault is any intentional, non-consensual contact on another person. An assault can range from an argument at home to a fight at the bar to an assault causing death or murder. Even a raised fist or physical gesture can be an assault.
What is a sexual assault?
At its core, a sexual assault is any non-consensual sexual touching. It can range from touching a buttock to intercourse. If you are being investigated for sexual assault, it is important to call an experienced criminal lawyer immediately.
No matter the facts of the case, sexual assault allegations – let alone charges – have serious consequences for an accused person. If you are being investigated for or have been charged with a sexual assault or a related offence, we strongly recommended that you contact an experienced criminal defence lawyer to protect your interests throughout the process.
The police took my stuff. How long can they keep it for?
The police can seize items for 90 days. If no charges are laid, the police will need to seek your consent or judicial authorization to detain the items for longer than 90 days.
I am charged with driving while impaired and driving over 80. What does this mean?
Driving while impaired and driving over 80 are commonly charged when a person is alleged to have been drinking and driving. They are different offences. It is possible for someone to drive over 80 without being impaired. Similarly, it is possible for someone to drive while impaired without being over 80.
Driving over 80 requires evidence that your blood alcohol content was over 80mgs% per 100mL of blood. This is often proven by a breath or blood sample. In cases involving drugs, a urine sample may be used.
In contrast, driving while impaired requires evidence that the person’s ability to drive was impaired to any degree. The following are some observations that may establish impairment:
- a marked departure from normal driving;
- bloodshot or watery eyes;
- a flushed face;
- the odour of an alcoholic beverage;
- slurred speech;
- a lack of coordination;
- a lack of comprehension; and
- inappropriate behaviour.
The court will assess the totality of the symptoms in determining if someone is impaired.
What is dangerous driving?
Dangerous driving is driving that is a marked departure from a reasonable prudent person (like a judge). It is determined on a case-by-case basis with regard to all the circumstances. Here is a non-exhaustive list of some examples of dangerous driving:
- Driving at a high rate of speed through a red light.
- Driving on a busy highway at night with a blood alcohol content of 50mgs% per 100mL of blood while extremely tired.
- Seizing the wheel of a motor vehicle that is being properly driven.
In some cases, driving at a high rate of speed alone is dangerous driving.
I am charged with theft and fraud. What does this mean?
Theft and fraud are two related but different offences. They are often charged together when something has been stolen.
Theft is taking the property of another without consent and with an intent to deprive the owner of the value or use of that thing. In contrast, fraud is an intentional and false representation of a matter of fact in order to secure a benefit or to materially damage another person.
One key difference is that theft involves the act of taking, whereas fraud is a false representation. For example, if you take someone else’s money without their consent, that is theft. If you tell someone to lend you money and you will pay them back when you do not intend to pay them back, the act of lying and deceiving can be fraudulent.
If you need legal assistance, give us a call or simply text us your police, court or driving documents to our respective text line.
Criminal Law
Apr 18, 2018
The Addiction Epidemic Fuels Crime
If you live in the lower mainland, you are well aware of the addiction epidemic that is plaguing our communities. You cannot turn on the news, or social media, or even walk downtown without being reminded that we are facing what is being called the Opioid Crisis.
It goes without saying that drug addiction doesn’t only affect the addict, but their entire family and everyone who cares about them as well. In fact, if you live in Vancouver, chances are you have a friend, co-worker, or family member struggling with the disease of addiction, this blog is written for you.
Drug Abuse And Crime In BC
The link between drug abuse and crime is undeniable. Addiction is a progressive, incurable, and fatal disease, and an addict can only progress so far before he or she becomes unemployable, and has to resort to other means to support his or her habit. Whether he or she is addicted to crack cocaine, crystal methamphetamine, heroin, fentanyl, or even alcohol, their habit is never a cheap one; opiate users for example, often spend several hundred dollars a day on their drug of choice. Therefore, crime often becomes the only viable way to fund a drug habit.
Related: Decriminalization of Controlled Substances in Vancouver
If you have a friend or family member who is charged with an offence because of something their addiction drove them to do, it is very important you help them find an experienced lawyer who understands and can help them navigate the criminal justice system. We have helped many clients and their families deal with criminal charges that stemmed from either impaired judgment as a result of drug use, or a need to support a drug habit. These types of offences can range anywhere from shoplifting to prostitution to violent robberies, and everything in between.
Legal Help For Addiction In BC
We have extensive experience helping still-suffering addicts and their families deal with all types of allegations whether small property crime or serious violent crime. The accused person will need experienced counsel to help in assessing the strength of the Crown’s case against them, negotiating a fair resolution which takes into account their reduced moral culpability as a result of their disease, or conducting a trial. Their counsel will need to be experienced in making submissions to the court regarding how addiction effects a person’s ability to appreciate consequences and control their impulses. Often, we will also assist in getting our clients into treatment centres or recovery houses as a way of resolving their criminal matters in a more constructive and restorative way.
Call Filkow Law
Our approach to assisting addicted clients and their families is to focus on the connection between their disease and their criminal behavior. They have not done what they have done because they are bad; it is because they are sick. We want to help get their lives on track while minimizing the impact and consequences of their criminal charges on their future.
If you or a friend or family member is in this type of situation, we can help. For any questions, please call our criminal law firm and one of our experienced lawyers will be happy to assist.
Mar 16, 2018
False Statements and ICBC
“ICBC says I gave a false statement. Can they breach my insurance?”
One way in which ICBC can treat you as being in “breach” of your auto insurance is if they think you provided a false statement. For example, if you get into an accident but misrepresent the truth of what happened to ICBC, they may have grounds to deny you insurance coverage respecting any damages (to persons or property) that you have caused with your vehicle.
ICBC Insurance Breach: False Statements
There are certain principles governing the definition of a false statement. ICBC must prove that what you said was a “wilful false statement.” They must prove that the statement was done intentionally, knowingly, and purposely, without justifiable excuse. They must also prove that the statement was material to the management or payment of the claim by being capable of affecting the mind of the insurer, either in the management of the claim or in deciding to pay it. The involvement of alcohol, for example, will likely be material to ICBC and affect the handling of a claim.
Not everything will constitute a false statement, however. A statement made carelessly, thoughtlessly, or inadvertently is not necessarily false. The same goes for if the insured who provided the statement had an honest belief in the truth of the statement’s contents.
Keep in mind that if you are involved in an accident, section 73 of the Insurance (Vehicle) Act Regulations requires the insured to provide prompt written notice of the circumstances of the accident. If you want advice on how to report an accident, contact Filkow Law today.
Clients benefit from Filkow Law’s deep and broad knowledge and expertise of criminal law, driving law and the criminal justice and court system. Filkow Law is known for its skilled advocacy, its highly accessible culture, its signature strategic approach to every case, and the exceptional results achieved.
The lawyers at the firm have excellent reputations with the police, prosecutors and the courts across British Columbia. In addition to their courtroom skills, the lawyers at Filkow Law advocate for and achieve decisive victories away from the public eye, often before the criminal or driving case ever sees a day in court.
Jan 07, 2018
Personal Injury Damages
I got injured in an accident. What’s my claim worth?
The answer depends on two things: fault and damages. If you can prove the
other person caused the accident, then you will be entitled to damages. But
how much?
Again, it depends. There are different types of damages that may comprise a
personal injury claim. Some are valued quantitatively: i.e., on the
approximate monetary value of the loss (such as the income you couldn’t earn
as a result of your inability to work post-accident). Others are valued by
qualitative factors and what courts in previous cases have awarded in
similar circumstances. Here’s a summary of some common types of damages.
Wage loss. If the accident causes you to be unable to work for some time,
and thus suffer a loss of income, then you can claim for your net wage loss.
You can also claim for future wage loss if you can prove that your
accident-related injuries might harm your ability to earn income down the
road.
Lost housekeeping capacity and in-trust claims. You may have a claim if
your accident-related injuries prevent you from taking care of household
chores (such as doing laundry or shopping for groceries), or if someone has
to take special care of you because your injuries prevent you from caring
for yourself.
Special damages. These are any out-of-pocket expenses you incur as a result
of the accident or your injuries from it. Examples include taxi fare from
having to take a cab home from the accident scene, user fees for medical
treatment, or bus tickets because the accident prevented you from driving
yourself around town.
Future cost of care. If your injuries are going to require you to seek
specific medical care or treatment into the future, then you can claim for
it.
General damages. Also known as “non-pecuniary damages,” this is the most
common basis for getting paid in a personal injury claim. This is money
intended to compensate you for your pain, suffering, and loss of enjoyment
of life. There is no mathematical basis for calculating this number. Every
case is different, and valuing the measure of general damages requires an
analysis of many factors, including your age, the severity and duration of
your injuries (both physical and mental), and whether the accident causes
any disability. Your previous lifestyle is also relevant: if your injuries
impair your ability to enjoy recreational or social activities, or your
personal relationships with friends, family, or significant others, then
that will inform your general damages claim.
Note that damages can be hard to assess. When fighting over damages at
trial, the plaintiff’s lawyer argues why his or her client should be
entitled to the highest possible amount of damages, while the defendant’s
lawyer argues why the plaintiff should only get a fraction of that amount.
The defence may also argue why some damages shouldn’t be awarded at all.
The court then decides what to award.
If you negotiate with ICBC, expect them to pay you something for your
losses. But don’t expect the adjusters to assess the damages with your best
interests in mind. It’s not their job.
For advice on what heads of damages you might be entitled to after an
accident, call Filkow Law for an initial consultation.