Client charged with sexual assault. Crown alleged that victim had been drugged and taken advantage of sexually while only semi-concious. The trial judge found that the victim said many things in court that were inconsistent with what she told police and that the defense had provided compelling evidence that the sex was consensual. Not guilty.
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Client charged with impaired driving, dangerous driving, refusing a breath demand, and driving while prohibited. After hearing extensive argument from Mr. van der Walle the judge dismissed all charges. Client did not testify. Not guilty.
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Client charged with production of marihuana and possession of marihuana for the purposes of trafficking. Police had found almost 1000 plants during the execution of a search warrant on a rural property. After hearing submissions from Mr. van der Walle the judge ruled that all of the evidence was inadmissible. Not guilty of all charges.
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Client charged with trafficking cocaine to undercover police officers on two separate occasions. To prove that the substance was cocaine the Crown had to prove that the defense was given reasonable notice of the Crown’s intention to rely on a certificate of analyst to prove the forbidden nature of the substance the accused had sold. After hearing argument from Mr. van der Walle the judge ruled that the certificates were inadmissible. No evidence motion granted. All charges dismissed.
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Client charged with assault causing bodily harm, assault with a weapon, dangerous driving causing bodily harm and uttering threats. At the conclusion of the trial the judge dismissed all counts. Not guilty.
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Client arrested while watering plants for production of marihuana and possession of marihuana for the purposes of trafficking. Mr. van der Walle wrote a lengthy letter to the prosecutor quoting case law as far back as the 1970’s to demonstrate that the warrant was defective on its face. Prosecutor agrees. Client never charged.
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Client charged with production of marihuana and theft of electricity. Mr. van der Walle writes a detailed letter to the prosecutor a month before the trial outlining why the prosecutor’s evidence was insufficient for a conviction. Prosecutor agrees and drops the charges only two weeks before the trial was set to begin.
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Client charged with possession of marihuana for the purposes of trafficking and resisting arrest. After hearing arguments from Mr. van der Walle the judge rules that the arrest was illegal and the marihuana was inadmissible. Because the arrest was illegal the accused was entitled to resist. All charges dismissed.
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Client charged with possession of cocaine for the purposes of trafficking. Police found cocaine in a car driven by the accused after he was arrested on unrelated charges. 60 days before the trial Mr. van der Walle filed his Notice of Constitutional Argument with the court. After reading the Notice the prosecutor agrees with Mr. van der Walle that the accused’s rights were violated during the search. Charges dropped before trial.
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Client charged with possession of cocaine for the purposes of trafficking. Police found cocaine in the accused’s underwear during a strip search. 60 days before the trial Mr. van der Walle filed his Notice of Constitutional Argument with the court. After reading the Notice the prosecutor decides to terminate the prosecution and drops the charges.
