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Police Investigations

Upon witnessing an event or receiving information regarding a potential criminal act, police will embark upon an investigation. Essentially, police investigations are where police gather evidence to determine if their suspect is chargeable with a criminal offence.

What happens when you become the subject of a police investigation?

We are criminal defence lawyers with over 30 years of experience, skilled in steering our clients through police investigations from beginning to end. Our goal is clear and simple: to preserve your rights under the Charter of Rights and Freedoms. These rights include:

  • The right to remain silent;
  • The right to obtain legal advice upon detention or arrest;
  • The right to be free from an unreasonable search and seizure;
  • The right not to be detained or arrested arbitrarily;
  • The right to be treated by police in a fair and non-oppressive manner, including, in appropriate situations, the right to a translator or medical assistance before speaking to police.

Your Right to Remain Silent

The right to remain silent is fundamental to Canadian law. Our law dictates that is it up to the state (the police and Crown counsel) to prove crimes against an accused person. The accused has no obligation, except in very limited circumstances, to cooperate with the police whatsoever. We certainly understand that when people are confronted by police as a suspect in a criminal investigation that the vast majority of people feel intimidated and powerless. If you are under police investigation for any offence, contact us. We can act as a “buffer” between you and the police. We can communicate to the investigators on your behalf without putting you at risk of incriminating yourself. We will help you enforce your right to remain silent and your rights against self-incrimination that are guaranteed by the Charter.

Recent Successes

R. vs. M.M. - Courtenay Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to persuade police that it was in the parties' best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. A.V. - Vancouver Provincial Court

Charges: Fraud Under $5000 (police investigation).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.P - North Vancouver Provincial Court

Charges: Assault; Breach of Undertaking (domestic).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed.
Result: Mr. Johnson was able to persuade Crown counsel to stay all of the criminal charges and to allow our client to enter into a peace bond. No jail. No criminal record.

R. vs. F.K. - Vancouver Provincial Court

Charges: Dangerous Driving; Obstruct/Resist Arrest (Reduced to MVA charge).
Issue: Whether the Crown would be able to prove that our client had the necessary element of  intent for a criminal conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on a lesser charge under the Motor Vehicle Act of speeding relative to the road conditions. Our client was sentenced to a driving prohibition. No criminal record.

R. vs. E.Z. - Vancouver Provincial Court

Charges: Assault with a Weapon; Possession of a Weapon for a Dangerous Purpose.
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Mr. Mines was able to persuade Crown that there were flaws in the evidence and that a conviction was highly unlikely. No charges were approved. No criminal record.

R. vs. G.M.G. - Vancouver Provincial Court

Charges: Assault; Theft Under $5000.
Issue: Whether our client was acting to defend his spouse when he physically engaged with the complainant.
Result: Mr. Mines was able to provide further evidence to Crown counsel which persuaded Crown that there was no substantial likelihood of a conviction. Complete stay of proceedings. No criminal record.

R. vs. B.M. - New Westminster Provincial Court

Charge: Sexual Assault.
Issue: Whether there was merit in moving forward with the prosecution.
Result: Mr. Johnson was able to provide information to Crown counsel that led to Crown concluding there was no substantial likelihood of a conviction. Stay of proceedings. No jail. No criminal record.

R. vs. D.M. - Burnaby RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were forwarded to Crown counsel.

R. vs. S.A. - Vancouver Provincial Court

Charge: Assault Causing Bodily Harm (Reduced to Peace Bond).
Issue: After directing our client through a course of self rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charge upon our client being placed on a peace bond. No criminal record.

R. vs. S.K. - North Vancouver Provincial Court

Charge: Driving while Prohibited.
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. Our client was sentenced to a fine. No driving prohibition.

R. v. P.Z. - North Vancouver RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were approved.

R. vs. N.D. - Port Coquitlam Provincial Court

Charges: Invitation to Sexual Touching (x2).
Issues: To what extent the court would consider our client's remorse and rehabilitation when passing sentence.
Result: Notwithstanding that our client was in a position of trust and the Crown had originally sought a sentence of 12 months jail, Mr. Mines was able to persuade Crown counsel and the Court that the appropriate sentence was 90 days, to be served on weekends.

Can you avoid being arrested or held in police custody?

The Criminal Code provides police and Crown a wide measure of discretion in deciding whether to arrest or whether to seek an accused’s detention prior to trial. For example, s. 496 allows an officer to, rather than arrest a suspect, issue an appearance notice, directing the suspect to attend court on a future date. Similarly, s. 497 and s. 498 allow a police officer to release an arrested person by issuing an appearance notice or summons to court. Even where the suspect is arrested on a warrant, s. 499 allows police to release a suspect on a promise to appear or on an undertaking with protective conditions such as orders of “no contact,” “non-attendance,” or various types of prohibitions for items such as weapons, communication devices or other items.

When clients under investigation contact us early enough, we will endeavor to persuade police to not arrest our client at all, or to promptly release them on the least restrictive conditions possible. To succeed in these representations, we must establish that, in the circumstances, it is not necessary to hold our client in custody, including the need to:

  • Establish our client’s identity;
  • Secure or preserve evidence relating to the alleged offence;
  • Prevent the continuation or repetition of the offence or another offence; or
  • To ensure the safety and security of any victim of or witness to the offence.

Representing Clients under Investigation

Whether you are suspected of theft, assault, a driving offence, a drug offence or a serious crime, the police will undoubtedly want to speak with you, to “hear your side of the story.” Before speaking to police, you should understand that, under the Charter, you are not obliged to do so. Under Canadian law, your silence cannot be used later in court to infer that you must have something to hide. Over the years we’ve had many successful cases because our client was able to properly exercise their right to remain silent. Before speaking to the police, call us.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.