GUNS, GANGS, CRIMINAL ORGANIZATIONS

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Often with investigations into gangs or criminal organizations the police conduct a widespread raid where they arrest large groups of  people, and seize all of the assets of the group and the individuals.  This has the effect of reducing the people who could  act as sureties for bail and it may eliminate the funds that might otherwise be posted for bail.

We fight hard for the release and return of the seizures.  You have to win the case in order to be effective in getting the items seized returned to you.  The government has given itself power.  You need to offset that advantage with strong, resourceful, and experienced lawyer on your side.

Drugs and Guns charges often have the same issues.

You can win drug and gun cases. But you have to fight and you need a lawyer who is persistent, brave, knowledgable and experienced.

Many people lose hope when they are charged with possession, trafficking, importation or production of hard drugs likes like heroin, fentanyl, cocaine, methamphetamines, or MDMA.

These charges can be beaten. They can be beaten when the police find the drugs on your person, in your car or even in your house. Even when the police did get a warrant to search you, your phone, your house or your car, the charges can be beaten.

First we look at the arrest. The arrest had meet high legal standards in order to be lawfully made. Unlawful arrest often results in the evidence gathered from the arrest being thrown out, or excluded from trial. Where the arrest is made on the finding of a search conducted on authority of a warrant, the charge can still be beaten. Often the police misinform the Justice who issued the warrant. There is a high legal standard that is necessary for the warrant to be properly issued, and that necessitates that the police where honest and forthright in their application to obtain the warrant. If the proper standards were not met the Courts often back up the requirements of the law, by excluding evidence that was obtained, by a search authorized by a defective warrant. Sometimes the warrants are defective on their face. Sometimes what is written in the warrant or in the information provided to obtain the warrant, just don’t make sense. Warrants often have conditions under which they can be exercised. Sometimes those conditions are not properly met. If so the evidence ought to be excluded.

At BOGGS & LEVIN we have often and consistently been successful in having evidence excluded from presentation at trial. Often this results in the charges being withdrawn. Even if the Crown continues to trial with the evidence excluded, it is usually much easier for the defence to win, when the crown’s case has been diminished by the exclusion of evidence.

Even with the toughest of cases there is always hope. Every case is winnable. But you have to fight. The government relies on the fact that most people feel overwhelmed when they are charged with a crime, particularly when that crime might put them in jail for a long time. The powers that be, use this fear and venerability to their advantage. Don’t let them, fight back.