SUCCESS STORIES
POLICE SEIZED DRUGS, MONEY AND CAR WE SEIZED OPPORTUNITY
The police took down our client after leaving an acquaintance's house. They seized drugs on his person, took nearly 30,000 dollars from his car and then impounded and seized the car. This left the client in jail and without money. Ray got the client out on bail brought a motion to apply the seized money for legal fees and the brought a motion to exclude all of the evidence that the police had gathered. Then we got the vehicle returned to the client. The whole investigation and arrest were based on the information from a "confidential source". That "source" told police that our client was purchasing drugs from a person who had prescriptions for fentanyl. Our client was then alleged to have distributed the drugs to purchasers. The police got a warrant showing allowing them to arrest our client if he left the residence where the fentanyl was supposed to have been sold to him, if he was in possession of the drugs. The police staked out the residence saw our client enter the building and followed the resident of the home to the drug store where she was seen filling a fentanyl prescription. Shortly after her return our client left the house, outside of which he arrested. Significant quantities of fentanyl were found on his person and a large quantity of cash was found in his car. Which was seized by police. We brought a motion to exclude all of the evidence gathered because there was no evidence that our client was in possession of a drug prior to his arrest and search. The motion was successful the client was acquitted. His car which had been seized was given back.
MOST Cases Can Be Won
Don't give up because the police arrested you with drugs or other incriminating evidence. This a perfect example of the police believing that they had proven case. They did not count on the lawyers at Boggs & Levin going over the warrant to discover that it was circular. It was based on a logical flaw. The police told the issuing justice that they would not execute the warrant unless they found our client in possession of fentanyl. But they had no basis for arresting him and searching him, to find the fentanyl. The warrant couldn't be triggered until he was search and he couldn't be legally search ed until they had reasonable cause. They didn't;; so we got the evidence excluded and the case thrown out.
SUCCESS STORIES
MULTI MILLION DOLLAR FRAUD
Our client was an employee of a well known Canadian Firm. He was alleged to have defrauded millions and wired the money to Europe. A large private investigative company analyzed the hard drives of the employees. Our client's work computer was found to have remnants of documents that were produced to facilitate the fraud. Our thorough investigation of the findings of the investigators and exhaustive review of the evidence, together with diligent preparation for court obtained a win for our client and congratulations from the police officer in charge of the investigation.
SEXUAL ASSAULT CONFESSION
This another excellent example of the need to fight for your freedom. He the Prosecution thought that it had an open and shut case, because our client was recorded on audio tape agreeing that he had raped his ex-girlfriend. We brought a motion to exclude the tape from being heard at the trial. We made the case that the statement was not voluntary because our client was afraid that the complainant would go to the police, if he did not confess. Once again sharp attention to the facts of the case and pointed and lethal cross-examination of the complainant brought back a not guilty verdict from the jury.
BREAKING AND ENTERING AND ROBBERY
Our client was alleged to have broken into several cell phone stores and to have threatened store employees with a gun to force them to turn over cell phones and other goods. A police officer happened to see a suspicious vehicle leaving the area and pulled it over. He began questioning the driver (our client) and eventually searched the vehicle finding a trunk load full of cell phones cash tools and a hand gun. the polcie then sought a warrant and obtained the consent of the wife of our client (who was the registered owner of the vehicle) to search the vehicle again. We brought a motion to overturn the warrant and exclude all of the evidence gathered in the search. The motion was successful and together with focused cross-examination of witnesses were able to establish that the identification of the witnesses could not be relied upon. The jury returned a verdict of not guilty.
BREAKING AND ENTERING AND ROBBERY
Our client was alleged to have broken into several cell phone stores and to have threatened store employees with a gun to force them to turn over cell phones and other goods. A police officer happened to see a suspicious vehicle leaving the area and pulled it over. He began questioning the driver (our client) and eventually searched the vehicle finding a trunk load full of cell phones cash tools and a hand gun. the polcie then sought a warrant and obtained the consent of the wife of our client (who was the registered owner of the vehicle) to search the vehicle again. We brought a motion to overturn the warrant and exclude all of the evidence gathered in the search. The motion was successful and together with focused cross-examination of witnesses were able to establish that the identification of the witnesses could not be relied upon. The jury returned a verdict of not guilty.
POLICE ARREST AND BEAT CLIENT
A confidential informant told police that our client was trafficking fentanyl. The police started to follow him around. The observed a meeting with another individual where an exchange was made. Police followed our client onto the 401 and forced from off the road at an interchange. The dragged him through the window of his truck and beat him breaking his shoulder blade. Several Kilos of drugs were found in and around the vehicle. We brought a motion to stop the proceedings against our client because of cruel and unusual treatment, and illegal search and seizure. the Charges were stayed, and our client went home free, without conviction or charge. Then we sued the police.
MURDER WITH EYEWITNESS IDENTIFICATION
While at a party a group of girls were bothered by young men. The girls called a male friend to drive them home. The friend showed up with gang colours that the young men objected to. They attacked him. One of them plunged an ice pick through the friend's heart. He died. The girls Identified our client as the murderer. Powerful cross-examination of the Prosecution's witnesses destroyed the case against our client.. We established that another suspect who had committed a similar icepick attack in the months prior to the murder. The jury returned an acquittal and our client went home free.
MURDER WITH LIES
In some cases, everyone is lying. Two neighbours fought continually., for years One drove his car to the corner store and on his way back to his house, his neighbour pulled out of the driveway on a motorcycle. The car ran over the motorcycle killing the driver. When the police arrived our client panicked. He told the police that he had been drinking and ran into the neighbour because he was drunk. Our client was charged with murder. Of course the police wrote down his statement with the admission that he had been drinking and also recorded in their notes that they smelled alcohol on our client, that his eyes were blood shot and that he was unsteady on his feat along with other indications of alcohol impairment. The client was taken to the the station where he was given a breathalyzer test. He blew zero. He had lied that he had been drinking and the police had lied that he smelled like alcohol, that his eyes were bloodshot and that he was unsteady. The prosecution argued that he lied in order to disguise his murder with impaired driving. We were able to show that the police observed evidence of impairment by alcohol, so the client could not have been lying, unless the police were. The crown's case fell apart with concise and heavy cross-examination, of the prosecutions evidence. We were able to establish our client's defence through every witness that the crown attorneys called. This matter was tried before a jury which wasted now time in returning a not guilty verdict. Never give up. But also never talk to the police.
