Calgary Criminal Defence Lawyers

FAQs

What Are My Rights If I Am Arrested In Calgary?

If you are arrested in Calgary, it is crucial to understand and exercise your rights to protect yourself effectively. The criminal justice process can be daunting, but knowing your rights can significantly impact your case's outcome.

Upon arrest, you have the right to remain silent to avoid self-incrimination. This means you do not have to answer any questions from law enforcement officers without your lawyer present. It is advisable to politely inform the officer that you wish to remain silent until you can speak with your lawyer. This can prevent you from unintentionally saying something that could be used against you in court.

You also have the right to legal counsel. You should be informed of this right immediately following your arrest. You have the right to contact a lawyer and speak with them in private as soon as possible.

The Calgary Legal Guidance service provides access to duty counsel, who can offer preliminary legal advice if you do not have a lawyer. Duty counsel are lawyers available to provide free legal advice to individuals who are in custody and do not have their own legal representation. They can help you understand the charges against you and give initial guidance on how to proceed.

In addition to these fundamental rights, you have the right to be informed of the specific charges against you. This information must be relayed promptly so you can understand the nature of the accusations and prepare a defence. Knowing the precise charges allows you and your lawyer to strategize effectively, gather evidence, and plan your legal response.

Furthermore, you have the right to a fair and timely trial. The Canadian judicial system mandates that individuals should not be subjected to unreasonable delays in the legal process. If there are significant delays that prejudice your case, your lawyer can challenge the prosecution and seek an appropriate remedy.

This right ensures that you are not left in legal limbo and that your case is resolved within a reasonable timeframe. A prolonged delay can impact the availability of evidence and witnesses, potentially affecting the fairness of the trial.

Understanding and asserting these rights can profoundly affect the outcome of your case and ensure that the principles of justice are upheld throughout the legal proceedings. These rights are in place to protect you and ensure that the legal process is conducted fairly and justly. Being aware of your rights and how to exercise them can provide you with the confidence and knowledge needed to navigate the complexities of the legal system.

What Is The Difference Between A Summary Offence And An Indictable Offence In Calgary?

Summary offences, also known as summary conviction offences, are considered less serious crimes under Canadian law. These offences typically carry lighter penalties, such as fines, probation, or a short term of imprisonment, usually not exceeding six months.

Because of their less severe nature, summary offences are processed more swiftly, often without a preliminary hearing, and are tried by a judge alone in Provincial Court. Examples of summary offences include minor theft, causing a disturbance, and trespassing at night. These types of offences do not usually involve complex legal defenses and are resolved relatively quickly, reducing the burden on the court system.

In contrast, indictable offences are more serious crimes and can result in more severe penalties, including lengthy prison terms. Indictable offences involve a more complex legal process. The accused has the right to a preliminary hearing to determine if there is sufficient evidence to proceed to trial, which can be held before a judge or jury in the higher courts.

Examples of indictable offences include murder, robbery, and aggravated assault. These offences often involve extensive investigations, the collection of substantial evidence, and the possibility of more severe legal consequences, reflecting the gravity of the crimes.

Understanding the distinction between summary and indictable offences is crucial, as it affects the legal procedures and potential consequences you may face. Your criminal defence lawyer will help you navigate these complexities, ensuring that your case is handled appropriately based on the specific charges against you.

They will provide guidance on the best course of action, whether that involves negotiating a plea bargain for a summary offence or preparing a robust defense strategy for an indictable offence. Proper legal representation is key in ensuring that your rights are protected throughout the legal process, providing you with the best possible outcome given the circumstances of your case.

Can I Be Released On Bail If I Am Charged With A Crime In Calgary?

Yes, you can be released on bail if you are charged with a crime, but it depends on several factors. Bail, also known as judicial interim release, allows an accused person to be released from custody until their trial, under specific conditions set by the court. The decision to grant bail is determined during a bail hearing, where the judge considers various factors to decide whether the accused should be released and what conditions will apply.

One of the primary considerations is the nature and seriousness of the charges. More serious crimes, such as violent offences or those with significant consequences, may lead to stricter bail conditions or a denial of bail altogether. The court will also assess the likelihood of the accused appearing for their future court dates. If the judge perceives a high risk that the accused might flee or fail to attend court, it is less likely that bail will be granted.

Another critical factor is the potential danger posed to the public if the accused is released. The judge will evaluate whether the accused’s release would threaten the safety of any individual or the public. If there are substantial concerns, bail may be denied, or stringent conditions may be imposed to mitigate any risks.

The accused person's previous criminal record also plays a significant role in the bail decision. A history of failing to comply with prior bail conditions or previous convictions can negatively impact the likelihood of being granted bail. Conversely, if the accused has a clean record and strong community ties, this can work in their favor.

If bail is granted, it often comes with conditions that the accused must abide by, such as regularly reporting to a bail supervisor, avoiding contact with certain individuals, or adhering to a curfew. Failing to comply with these conditions can result in re-arrest and additional charges.

Understanding how the bail process works and the factors that influence the court's decision is vital. An experienced lawyer can provide invaluable assistance during a bail hearing, advocating for the most favorable terms and conditions for their client, ensuring their rights are protected throughout the legal proceedings.

What Should I Expect During A Criminal Trial In Calgary?

During a criminal trial, the court thoroughly examines the evidence presented by both the prosecution and the defense to determine the guilt or innocence of the accused. The process typically begins with the selection of a jury if the trial is being held before a jury. The jury selection process, known as voir dire, involves questioning potential jurors to ensure they can be fair and impartial.

After the jury is selected, the trial proceeds with opening statements from both the prosecution and the defense. These statements outline the case's main arguments and provide a roadmap for what each side intends to prove.

The prosecution presents their case first, calling witnesses and presenting evidence to support their claims. Each witness is subject to direct examination by the prosecution, followed by cross-examination by the defense. This process allows both sides to challenge the credibility and reliability of the witnesses and evidence.

Once the prosecution has presented all its evidence, the defense can present their case. The defense may call their own witnesses and present evidence to counter the prosecution's claims. Like the prosecution's process, defense witnesses undergo direct examination by the defense and cross-examination by the prosecution. The defense may also raise legal defenses or argue that the prosecution has not met the burden of proof required for a conviction.

After both sides have presented their cases, they deliver closing arguments. These arguments summarize the evidence and attempt to persuade the jury or judge of their version of events. The prosecution aims to demonstrate that the evidence proves the accused's guilt beyond a reasonable doubt, while the defense attempts to show that there is insufficient evidence to convict.

Following closing arguments, the judge provides the jury with instructions on the legal standards that must be applied when deliberating the case. The jury then retreats to deliberate and reach a verdict. If the trial is being conducted without a jury, the judge will deliberate and determine the verdict.

The verdict can result in either an acquittal or a conviction. If the accused is acquitted, they are free to go, and the charges are dismissed. If convicted, the court will schedule a sentencing hearing where the appropriate penalties will be determined based on the nature and severity of the crime, as well as any mitigating or aggravating factors.

Understanding the structure and flow of a criminal trial can help demystify the process for those involved and ensure they are prepared for each stage. Having skilled legal representation is crucial to navigating the complexities of the trial, defending against the charges, and striving for the best possible outcome.

What Are The Possible Defences In A Criminal Case In Calgary?

In a criminal case, there are several possible defenses that the accused can raise to challenge the prosecution's evidence and avoid a conviction. One common defense is the assertion of innocence, where the accused contends that they did not commit the alleged crime. To support this claim, the defense might present alibi evidence showing that the accused was elsewhere when the crime occurred.

Another defense is self-defense, particularly in cases involving violent crimes. The accused may argue that their actions were necessary to protect themselves or others from imminent harm. To successfully claim self-defense, the accused must typically demonstrate that the force used was reasonable and proportionate to the threat faced.

Insanity is another defense that can be used, although it is relatively rare and complex. The defense must prove that, at the time of the crime, the accused was suffering from a severe mental disorder that rendered them incapable of understanding the nature of their actions or distinguishing right from wrong. An insanity defense often requires extensive psychiatric evaluation and expert testimony.

In some cases, the defense might argue entrapment, claiming that law enforcement officers induced the accused to commit a crime they would not otherwise have committed. To succeed with this defense, the accused must show that the idea and initiation of the crime came from the authorities and that the accused was not predisposed to commit the crime before the inducement.

Other defenses can include mistake of fact, where the accused argues that they had a genuine and reasonable belief in a fact that negates criminal intent, or duress, where the accused contends, they were forced to commit the crime under threat of imminent harm.

Each defense requires a thorough understanding of the law and careful presentation of evidence to be effective. Consulting with an experienced criminal defense lawyer is essential to determine the most appropriate defense strategy based on the specifics of the case.

What Are The Potential Consequences Of A Criminal Conviction In Calgary?

The potential consequences of a criminal conviction in Calgary, as in other jurisdictions, can vary widely depending on the nature and severity of the offense. For minor offenses, such as petty theft or simple assault, the penalties may include fines, community service, probation, or a short jail sentence. These less severe penalties aim to rehabilitate the offender and reintegrate them into society while serving as a deterrent against future criminal behaviour.

For more serious crimes, such as drug trafficking, sexual assault, or homicide, the consequences are significantly harsher. Convicted individuals may face lengthy prison sentences, substantial fines, and a permanent criminal record. In some cases, particularly heinous crimes can lead to life imprisonment without the possibility of parole. Additionally, individuals convicted of crimes involving violence or serious harm to others may also be subject to restraining orders or mandatory participation in anger management or rehabilitation programs.

Beyond these immediate legal penalties, a criminal conviction can have long-lasting impacts on an individual's personal and professional life. Finding employment can become challenging, as many employers conduct background checks and may be hesitant to hire someone with a criminal record. A conviction can also affect one's ability to secure housing, financial loans, or professional licenses. Furthermore, social stigma and strained personal relationships are common challenges that convicted individuals may face as they work to rebuild their lives.

Navigating the consequences of a criminal conviction can be arduous, making the role of a skilled defense lawyer invaluable. An experienced lawyer can help mitigate the penalties, challenge the conviction on appeal, or assist with pursuing record suspension (formerly known as a pardon), which can alleviate some of the long-term negative effects on the convicted individual's life.

Understanding the ramifications of a criminal conviction emphasizes the importance of a robust defense and the need for legal expertise to navigate the complexities of the criminal justice system effectively.

How Long Will My Criminal Case Take To Resolve?

The duration of a criminal case can vary significantly depending on several factors, including the complexity of the case, the charges, and the efficiency of the court system. Generally, the process can take anywhere from a few months to several years to reach a resolution.

Initial Stages and Pre-Trial Proceedings

The initial stages of a criminal case involve several key steps, including the arrest, arraignment, and preliminary hearings. During this period, both the defense and prosecution will gather evidence, conduct investigations, and prepare for trial. This stage can be time-consuming, especially for complex cases requiring extensive evidence review and witness interviews. Moreover, motions and hearings related to procedural or evidentiary issues can further extend this phase.

Trial Preparation and Trial

Once preparations are complete, the case will proceed to trial, provided there is no plea agreement or dismissal. The trial itself can range from a few days to several months, chiefly depending on the number of witnesses, the volume of evidence, and the legal arguments presented by both sides. High-profile cases or those involving serious allegations tend to be more time-intensive due to the level of detail required in the proceedings.

Post-Trial and Sentencing

After a verdict is reached, the post-trial phase includes sentencing, which may occur shortly after the trial or be scheduled for a later date. Sentencing hearings can introduce their own set of complexities, particularly if either party presents additional evidence or arguments relevant to the penalty.

Appeals Process

If an appeal is filed, the case will enter a new procedural phase, which can significantly lengthen the overall timeline. Appeals require thorough review by appellate courts, and the timelines for submitting, reviewing, and deciding on appeals are often longer due to the detailed examination of legal and procedural aspects of the original trial.

Throughout this entire process, unforeseen delays such as court backlogs, requests for continuances, or the introduction of new evidence can further impact the timeline. Therefore, maintaining close communication with legal counsel and understanding the potential timeframes involved is crucial for anyone navigating a criminal case.

Can A Criminal Record Be Removed Or Pardoned In Calgary?

In Canada, it is possible to have a criminal record removed or pardoned under certain circumstances. This process is called a record suspension, previously known as a pardon. A record suspension can help individuals move forward by limiting access to their criminal record, benefiting their chances of employment, travel, and social rehabilitation.

Eligibility for a Record Suspension

To be eligible for a record suspension, individuals must have completed their sentence in full, including any fines, parole, or probation, and must demonstrate that they have remained law-abiding for a set period, known as the waiting period. This waiting period varies based on the type of offense. For summary offenses, the waiting period is typically five years, while for indictable offenses, it is ten years. However, certain serious offenses, such as those involving sexual abuse against minors, are not eligible for a record suspension.

Application Process

The application process for a record suspension involves several steps. Applicants must provide detailed information about their criminal history, including court documents, police records, and proof that all sentences have been served. They must also obtain and submit fingerprints, pay a government processing fee, and possibly supply character references. Once the application is submitted, the Parole Board of Canada reviews the submission to decide whether to grant the suspension. This process can take several months to complete.

Benefits of a Record Suspension

Obtaining a record suspension can significantly reduce the barriers individuals face when integrating back into society. It permits access to employment opportunities that might otherwise be inaccessible due to a criminal record. Additionally, it can facilitate travel, as some employers and foreign governments might require a clean criminal record as a condition for entry or employment.

Limitations and Considerations

While a record suspension can remove many obstacles associated with having a criminal record, it does not erase the record entirely. Law enforcement agencies and other governmental bodies may still access the record under specific circumstances. Moreover, a suspension does not guarantee the automatic removal of criminal records from private databases or guarantee entry into other countries, as foreign policies on criminal records can vary.

In summary, while navigating the process of obtaining a record suspension can be meticulous and time-consuming, it is a valuable tool for individuals seeking to mitigate the long-term impacts of a criminal record and pursue a positive future. It is advisable to consult with legal experts to improve the likelihood of a successful application.

What Is Plea Bargaining, And Should I Consider It?

Plea bargaining is a legal process where the defendant agrees to plead guilty to a lesser charge or to one of several charges in exchange for more lenient sentencing or the dismissal of other charges. This process is a crucial component of the criminal justice system and is employed to expedite court proceedings, reduce the burden on courts, and provide defendants with an opportunity to negotiate the terms of their sentence.

Types of Plea Bargains

There are generally three types of plea bargains: charge bargaining, sentence bargaining, and fact bargaining. Charge bargaining involves the defendant pleading guilty to a less severe charge than the original one. Sentence bargaining occurs when the defendant pleads guilty with the understanding that they will receive a lighter sentence. Lastly, fact bargaining means the defendant agrees to stipulate to certain facts in exchange for other facts being withheld, ultimately influencing the severity of the sentence.

Advantages of Plea Bargaining

Plea bargaining can offer several benefits for the defendant, the prosecution, and the court system. For defendants, it often results in reduced charges or lighter sentences, providing a more predictable outcome. For the prosecution, it ensures a conviction and saves resources by avoiding a lengthy trial. The court system benefits from reduced caseloads and quicker resolution of cases, which contributes to overall efficiency.

Disadvantages and Considerations

Despite its advantages, plea bargaining comes with its own set of drawbacks. Defendants may feel pressured to accept a plea deal, even if they are innocent, due to the fear of receiving a harsher sentence if found guilty at trial. Additionally, the process can sometimes undermine public confidence in the justice system by appearing to allow offenders to receive lenient punishment. It is important for defendants to thoroughly discuss the ramifications of accepting a plea deal with their legal counsel, considering all possible outcomes and implications.

Making the Decision

Deciding whether to accept a plea bargain requires careful consideration of multiple factors, including the strength of the evidence, the potential penalties, and the likelihood of achieving a better outcome at trial.

Legal counsel can provide valuable insights and guidance to help defendants make an informed decision that aligns with their best interests. Ultimately, each case is unique, and the decision to pursue a plea bargain should be made based on the specific circumstances and goals of the defendant.

How Much Will It Cost To Hire A Criminal Defence Lawyer In Calgary?

The cost of hiring a criminal defence lawyer can vary widely based on several factors, including the complexity of the case, the lawyer's experience, and the geographical location. Generally, a lawyer may charge an hourly rate or a flat fee. Hourly rates can range from $150 to over $500 per hour, while flat fees for cases might span from a few thousand dollars to tens of thousands of dollars. This variability underscores the importance of understanding what drives these costs so that individuals can make informed decisions when seeking legal representation.

Factors Influencing Cost

Several key factors affect the cost of legal representation in criminal matters:

1.     Experience and Reputation: More experienced lawyers or those with a strong reputation may command higher fees due to their proven track record. A lawyer with a history of successful defences and a strong understanding of the legal landscape is likely to charge more, reflecting their expertise and the confidence they bring to their clients.

2.     Case Complexity: Simple cases such as minor misdemeanors will generally cost less compared to complex cases like felonies or those requiring extensive investigation and preparation. Complex cases often involve multiple court appearances, the analysis of substantial amounts of evidence, and possibly negotiating with prosecutors, which can all contribute to higher costs.

3.     Length of Case: The longer a case drags on, the higher the overall cost due to ongoing legal fees. Issues such as delayed court dates, the need for additional research, or unforeseen complications can extend the duration of the case, subsequently increasing the legal expenses.

4.     Geographical Location: Legal fees can fluctuate significantly based on the city or state, with urban areas generally being more expensive. Lawyers practicing in large metropolitan areas often have higher overhead costs, which can be reflected in their fees. Additionally, the cost of living and the local market demand for legal services play a role in determining fees.

Payment Structures

Criminal defence lawyers typically offer a few different types of payment structures:

1.     Retainer Fees: This is an upfront cost that covers the initial stages of the legal work. The lawyer bills against this amount as they work on your case. Retainer fees ensure that the lawyer has committed time and resources to your case while providing a starting fund for ongoing expenses.

2.     Hourly Rates: The client pays the lawyer for each hour the lawyer works on their case. This rate can accumulate quickly, especially in complex cases requiring extensive research, preparation, and court appearances. It's crucial for clients to understand how their lawyer tracks billable hours and what activities are included.

3.     Flat Fees: The lawyer may charge one predetermined amount that covers all aspects of the defence. This payment structure offers predictability and helps clients budget for their legal expenses, but it's important to clarify what is covered under the flat fee to avoid additional charges later.

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Additional Costs

Clients should also be aware of other potential costs that can add up during a legal defence. These can include expenses for expert witnesses, private investigators, court filing fees, and administrative costs. Expert witnesses might be necessary to provide specialized testimony that could support the defence, while private investigators can help uncover crucial evidence. Administrative costs, such as copying documents and filing motions, may seem minor but can accumulate over time.

In conclusion, while hiring a criminal defence lawyer can be expensive, it is often a necessary investment for ensuring a robust and effective defence. The complexity of the legal system and the stakes involved in criminal cases make professional legal representation crucial. It is advisable for individuals to discuss fee arrangements and potential costs upfront with their lawyer to avoid any unexpected financial burdens later. Transparency in communication about costs and payment structures can help clients plan better and focus on their defence without the added stress of unforeseen expenses.

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When you choose MD Law Group in Calgary, you can trust that your case will be handled with the utmost professionalism, diligence, and expertise. Our team is committed to delivering results-driven legal services that surpass expectations and achieve favorable outcomes for our clients. If you require legal assistance in Calgary, don't hesitate to reach out to MD Law Group today to schedule a consultation. Let us leverage our experience and resources to provide you with the skilled representation you deserve.