Offences involving theft over $5,000, possession of stolen property, possession of property obtained by crime, VIN tampering, proceeds of crime, and other related offences demand meticulous and detailed analysis of the evidence and available defences.
The police and the courts take these matters seriously because of the dollar values at stake, and the links to organized crime which are sometimes involved. Police forces have specialized units dedicated to sophisticated automobile and construction equipment theft investigations. Insurance investigators often assist the police in these cases as well.
In many cases it is difficult for the Crown to prove that the property was in fact stolen, and if so, whether the accused knew the property was obtained by crime.
Because the allegedly stolen property is usually located on private property, such as a business, farm, or home, search warrants are often executed in the course of an investigation. The legality of the search must be carefully examined and challenged to ensure compliance with the Canadian Charter of Rights and Freedoms. If the accused’s right have been violated, then the evidence may be excluded at trial.
Brett McGarry is well equipped to defend complex property offence crimes. In one recent case, his client was charged after a lengthy police investigation using confidential informants discovered $400,000 worth of stolen construction equipment with altered VIN numbers. Brett McGarry found serious problems with the search warrant, which he used to negotiate an agreement with the prosecution. The client received a $1,500 fine and no jail time.
GET HELP NOW
If you are under investigation or have been charged in Ontario with a theft or property related offence, contact Brett McGarry at 613.884.8576 or brett@mcgarrylaw.ca to discuss fighting the charges. The initial meeting is free. He would be pleased to discuss the best defence strategy for your criminal case.