Frequently Asked Questions
The first thing to do is call a lawyer BEFORE you respond to the police or go in for an interview. You have the Right to Silence! Knowing your rights and how to deal with police if they try to interrogate you is extremely important in protecting yourself against criminal charges. Our lawyers can assist you in evaluating your case, preserving potential evidence, and dealing with the police during this pre-charge phase.
In some cases, our lawyers have been successful in preventing a charge from ever being laid.
Though the police are not inherently acting against the accused, they do hear the complainant’s version of events first and have likely already formed a version of events before speaking to you. Based on experience, they are not trying to get your version of events to weigh against the complainant’s information, but to obtain a statement that can be used against you in court. Therefore, it is important to speak to a lawyer before speaking to the police, or as soon as practicable to ensure that your rights, especially your right to silence, is protected, and that you do not inadvertently or intentionally inculpate yourself.
Criminal court in Alberta is procedurally complicated and can feel overwhelming. If you are charged with a criminal offence, you or your legal counsel must attend a number of court appearances before a trial date is even scheduled. The wrong decision, or just not knowing what to do, can have drastic negative consequences on your ability to defend yourself. Our lawyers can provide guidance and strategic advice on navigating the court system to achieve the best result possible for your unique case.
Hiring a lawyer who is knowledgeable about the court system in the jurisdiction where you were charged is the best first step. Our lawyers apply our training, skills and knowledge of the system as well as the actors within it to the specific circumstance of your case. From the very beginning, our lawyers can attend initial court appearances for you, review the available evidence for your case, explain the possible outcomes, the risks associated with the case, the pros and cons of going to trial, the costs associated with a legal defence, and what might happen if you are found guilty of the charges.
Never plead guilty without first obtaining a legal opinion on your case! Too often accused people do not understand the full repercussions of entering a guilty plea, even to a minor charge. It is crucial to know if you have a potential legal defence to your charge, or to know what the appropriate sentence should be for the unique facts in your specific case.
A criminal record can affect education and employment opportunities and the ability to travel internationally. A conviction could have consequences in civil law or family law. There could be immigration consequences for a person who is not a Canadian citizen. A criminal record is permanent unless you obtain a Record Suspension from the Government of Canada.
Unlike in the U.S.A., complainants in criminal matters do not retain control of the prosecution. Any decision to withdraw or resolve criminal charges rests solely with the Crown Prosecutor. Our lawyers are experienced in dealing with all types of domestic violence cases. We have successfully negotiated changes to bail conditions to allow contact between parties before trial and resolved many domestic disputes without criminal convictions. In some cases, we take steps to ensure that the complainant receives independent legal advice through a third-party lawyer so that we can work with that lawyer to reach the best result for all parties involved.
Our free consultations take about 30 minutes. If you have no experience with the criminal justice system, we provide an overview of the court process and expected timelines. We explain how our lawyers can assist in investigating all aspects of your case to provide you with a full legal opinion. We discuss the fees associated with various paths through the criminal justice system.
Fees for criminal defence lawyers can vary depending on the seriousness of the charges, the legal complexity of the case, the anticipated court time for your bail hearing/trial/sentencing hearing/appeal, and the level of experience of the lawyer you choose to hire. We break down our fees based on the stage of your journey through the justice system. We offer a flat fee structure with payment plans to assist our clients in planning and budgeting for their legal defence.
Yes, we are currently accepting LegalAid certificates from LegalAid Alberta. If you cannot afford a lawyer on your own, you can learn whether you are eligible to qualify for LegalAid Alberta services here https://www.legalaid.ab.ca/
Having a lawyer experienced in dealing with Youth Criminal Justice Act offences can assist young people and their family and guardians in understanding the specific procedures and protections afforded to youths between 12 to 17 years of age facing criminal charges. The Youth Criminal Justice Act sets out a number of unique ways in which youth are treated differently as compared to adults in the criminal justice system. As such, court procedures and options for bail and sentencing are very different for youths. Our lawyers are on the Youth Justice Panel with Legal Aid Alberta and are specialized in representing young people facing criminal charges.