Edmonton Criminal Defense Law

Frequently Asked Questions

What happens at a first appearance?

First appearance involves:

• Charge reading: The court formally reads the charges against you and explains the allegations, ensuring you understand the nature of the charges you face.
• Legal representation: The court confirms whether you have a lawyer or need legal aid, and may adjourn the case to allow you to obtain proper representation.
• Bail conditions: The court sets or reviews conditions for your release, which may include restrictions on travel, contact with certain people, or other requirements.
• Next date set: A future court date is scheduled for your case, allowing time for proper preparation and disclosure of evidence.
• Disclosure request: Your lawyer requests all evidence from the Crown, which is essential for preparing your defense and understanding the case against you.
• Plea entry: You enter a plea of guilty or not guilty to the charges, which determines how the case will proceed.

What is disclosure in criminal cases?

Disclosure includes:

• Police reports: Detailed accounts of the investigation and evidence collection, including officer observations and statements from witnesses.
• Witness statements: Written or recorded accounts from people involved in the case, providing their version of events and observations.
• Evidence list: Inventory of all physical evidence collected, including items seized and their current location or status.
• Expert reports: Professional opinions from specialists involved in the case, such as forensic experts or medical professionals.
• Video/audio: Recordings of interviews, surveillance, or other relevant footage that may be used as evidence in your case.
• Other documents: Any additional materials relevant to the case, including search warrants, authorization documents, or other official records.

How does bail work?

Bail process:

• Hearing held: A judge determines if you can be released and under what conditions, considering factors like flight risk and public safety.
• Conditions set: Specific rules you must follow while on bail, which may include reporting requirements, travel restrictions, or no-contact orders.
• Surety possible: Someone who guarantees your appearance in court, taking responsibility for ensuring you comply with bail conditions.
• Money deposit: Cash or property may be required to secure your release, which is returned when you comply with all conditions.
• House arrest: You may be required to remain at home with exceptions for work, medical appointments, or other approved activities.
• Regular check-ins: You must report to authorities as specified, demonstrating compliance with your release conditions.

What is a preliminary hearing?

Preliminary hearing:

• Evidence test: The Crown presents evidence to show there’s enough to proceed to trial, demonstrating a reasonable likelihood of conviction.
• Witness testimony: Key witnesses may be called to testify, allowing both sides to assess the strength of their evidence.
• Judge decision: The judge determines if there’s sufficient evidence for trial, ensuring the case meets the required legal threshold.
• Trial preparation: Both sides can assess the strength of their case, identifying potential issues and preparing their strategies.
• Resolution attempt: May lead to plea negotiations or case resolution, potentially avoiding the need for a full trial.
• Process control: Helps manage the case before trial, ensuring proper disclosure and preparation of evidence.

What happens at trial?

Trial process:

• Jury selection: If applicable, potential jurors are chosen and screened to ensure impartiality and fairness in the trial process.
• Opening statements: Both sides outline their case to the court, explaining what they intend to prove and how they will do so.
• Evidence presentation: The Crown presents their case first, calling witnesses and introducing evidence to prove the charges.
• Witness testimony: Witnesses provide sworn evidence, subject to cross-examination by the defense to test their credibility.
• Closing arguments: Both sides summarize their case, highlighting key evidence and legal arguments for the judge or jury.
• Verdict: The judge or jury decides the outcome, determining whether the Crown has proven guilt beyond a reasonable doubt.

What is sentencing?

Sentencing involves:

• Penalty determination: The court decides the appropriate punishment, considering the nature of the offense and relevant circumstances.
• Factors considered: The judge reviews all relevant circumstances, including your background, the impact on victims, and potential for rehabilitation.
• Victim impact: Statements from victims may be considered, helping the court understand the harm caused by the offense.
• Pre-sentence report: Background information about you, including personal history, employment, and potential for rehabilitation.
• Lawyer submissions: Arguments about appropriate sentence, presenting mitigating factors and suggesting suitable penalties.
• Judge decision: Final determination of your sentence, which may include jail time, fines, probation, or other penalties.

What is an appeal?

Appeal process:

• Notice filed: You must file a notice of appeal within strict time limits, typically 30 days from the date of conviction or sentence.
• Grounds stated: You must specify the legal errors you’re challenging, such as errors in law or procedure during the trial.
• Record prepared: All relevant court documents are gathered, including transcripts, exhibits, and other materials from the trial.
• Arguments written: Legal submissions are prepared, explaining why the conviction or sentence should be overturned or modified.
• Hearing held: The appeal court hears arguments from both sides, considering the legal issues raised in the appeal.
• Decision made: The appeal court issues its ruling, which may uphold, overturn, or modify the original decision.

What is a peace bond?

Peace bond:

• Court order: A legal requirement to keep the peace, designed to prevent future criminal behavior or harassment.
• Behavior restrictions: Specific conditions you must follow, which may include staying away from certain people or places.
• No criminal record: Not a criminal conviction, but a preventive measure to maintain public safety.
• Duration set: Usually for one year, but can be extended if necessary to protect the public.
• Conditions imposed: Rules about contact or behavior, which must be followed to avoid further legal consequences.
• Breach consequences: Violating conditions can lead to charges, potentially resulting in criminal penalties.

What is a diversion program?

Diversion program:

• Alternative to court: A way to resolve charges without trial, focusing on rehabilitation rather than punishment.
• Community service: May involve volunteer work, allowing you to give back to the community while addressing the offense.
• Education program: Learning about the consequences of actions, helping prevent future criminal behavior.
• Counseling required: May include therapy or treatment, addressing underlying issues that contributed to the offense.
• No criminal record: Successful completion avoids conviction, allowing you to move forward without a criminal record.
• Successful completion: Must meet all program requirements, demonstrating commitment to positive change.

What is a stay of proceedings?

Stay of proceedings:

• Case stopped: The Crown stops pursuing the charges, effectively ending the prosecution without a conviction.
• Can be revived: Charges can be brought back within one year if new evidence or circumstances arise.
• No acquittal: Not a finding of not guilty, but rather a decision not to proceed with the prosecution.
• Crown decision: Made by the prosecutor, often based on evidentiary issues or public interest considerations.
• Time limit: One year to restart proceedings, after which the charges are permanently stayed.
• Rare occurrence: Not common in most cases, typically reserved for exceptional circumstances.

What is a plea bargain?

Plea bargain:

• Negotiated resolution: An agreement between defense and Crown, resolving the case without a full trial.
• Reduced charges: May involve lesser offenses, resulting in less severe penalties and consequences.
• Agreed sentence: Both sides agree on appropriate penalty, providing certainty about the outcome.
• Faster resolution: Avoids lengthy trial process, saving time and resources for all parties involved.
• Certain outcome: You know the result in advance, allowing for better planning and preparation.
• Court approval: The judge must accept the agreement, ensuring it is fair and appropriate in the circumstances.

What is a criminal record?

Criminal record:

• Permanent record: Stays on file unless pardoned, potentially affecting various aspects of your life.
• Affects travel: May restrict entry to other countries, as many nations check for criminal records.
• Employment impact: Can affect job opportunities, particularly in fields requiring security clearance.
• Can be pardoned: After waiting period and application, allowing for rehabilitation and fresh start.
• Disclosure required: Must be disclosed when asked, particularly in employment or travel applications.
• Various uses: Can affect many aspects of life, including housing, education, and volunteer opportunities.

How do I find a good criminal lawyer?

Finding a lawyer:

• Check experience: Look for lawyers specializing in criminal law, particularly in cases similar to yours.
• Review credentials: Verify their qualifications and standing with the Law Society of Alberta.
• Consider reputation: Check their standing in the legal community and success rate with similar cases.
• Check references: Talk to previous clients if possible, getting firsthand accounts of their experience.
• Interview multiple: Meet with several lawyers before deciding, ensuring you find the right fit for your case.
• Get referrals: Ask for recommendations from trusted sources, such as other lawyers or legal organizations.

What is the difference between a criminal charge and a conviction?

A criminal charge:

• Formal accusation – The state alleges you committed a crime
• Not proof of guilt – You are presumed innocent until proven guilty
• Can be dropped – Charges may be withdrawn before trial
• Can be reduced – May be negotiated to lesser charges
• Must be proven – Crown must prove guilt beyond reasonable doubt
• Legal process – Triggers court proceedings
• Rights apply – You have specific legal rights
• Defense options – Various strategies available

A conviction:

• Guilty finding – Court has found you guilty
• Criminal record – Creates permanent record unless pardoned
• Sentencing follows – Penalties are imposed
• Appeal rights – Can challenge the conviction
• Consequences – Various legal and social impacts
• Final judgment – Unless successfully appealed
• Proof required – Must be proven beyond reasonable doubt
• Permanent unless pardoned – Stays on record unless removed

What are my rights when arrested?

When arrested, you have the right to:

• Remain silent – You don’t have to answer questions
• Legal counsel – Speak to a lawyer immediately
• Know the charges – Be informed of what you’re charged with
• Reasonable bail – Apply for release from custody
• Fair trial – Be tried within a reasonable time
• Presumption of innocence – Considered innocent until proven guilty
• Protection from self-incrimination – Can’t be forced to testify against yourself
• Translation services – If you don’t understand the language

How do I choose a criminal defense lawyer?

Consider these factors:

• Experience – Look for criminal law specialists
• Track record – Success rate with similar cases
• Local knowledge – Familiarity with Edmonton courts
• Communication – Clear, responsive communication
• Fees – Understand payment structure
• Availability – Time to dedicate to your case
• Strategy – Approach to defense
• Comfort level – Personal rapport and trust

What is the difference between a summary and indictable offense?

Summary offenses:

• Less serious crimes – Minor criminal matters
• Provincial court – Heard in lower courts
• Maximum 2 years jail – Less severe penalties
• Faster process – More streamlined procedures
• No jury trial – Judge alone decides
• Examples – Minor theft, simple assault
• Lower penalties – Fines and shorter sentences
• Faster resolution – Less complex process

Indictable offenses:

• More serious crimes – Major criminal matters
• Higher courts – Superior court jurisdiction
• Longer sentences – Can include life imprisonment
• More complex process – Multiple court appearances
• Jury option – Can choose trial by jury
• Examples – Murder, robbery, sexual assault
• Higher penalties – Significant prison time
• Longer resolution – More complex procedures

What happens at a bail hearing?

Bail hearing process:

• Review of charges – Court examines the allegations
• Risk assessment – Judge evaluates flight risk and danger
• Release conditions – Rules if released
• Surety requirements – Someone to supervise
• No-contact orders – Prohibitions against contact
• Reporting conditions – Check-in requirements
• Bail amount – Money to secure release
• Court dates – Future appearance schedule

Can I get a pardon for a criminal conviction?

Pardon process:

• Wait period – Specific time after sentence completion
• Application – Submit detailed paperwork
• Fees – Pay required costs
• Rehabilitation – Show positive changes
• Clean record – No new charges
• Good conduct – Law-abiding behavior
• References – Character letters
• Explanation – Circumstances of offense

What is a peace bond?

Peace bond:

• Court order – Legal document
• No conviction – Not a criminal record
• Conditions – Rules to follow
• Time limit – Usually 12 months
• Voluntary – Must agree to enter
• Alternative – Instead of charges
• Breach consequences – New charges if violated
• Common conditions – No contact, counseling

How long does a criminal case take?

Timeline depends on:

• Complexity – More complex cases take longer
• Court availability – Backlogs can cause delays
• Evidence – Time to gather and review
• Trial length – If going to trial
• Resolution method – Alternative measures faster
• Procedures – Required court steps
• Witnesses – Scheduling conflicts
• Motions – Pre-trial applications

What are the possible penalties for a criminal conviction?

Penalties may include:

• Jail time – Prison sentences
• Fines – Monetary penalties
• Probation – Supervised release
• Community service – Required work
• Counseling – Treatment programs
• Weapons prohibition – No weapons
• Restitution – Compensate victims
• Criminal record – Permanent unless pardoned

What is the right to remain silent?

Right to remain silent:

• No obligation to speak – Don’t have to answer
• Refuse questioning – Can decline interviews
• Request lawyer – Right to legal counsel
• Stop interview – Can end questioning
• No statements – Don’t have to make statements
• Remain silent – Can choose not to speak
• Self-incrimination – Can’t be forced to testify against yourself
• Charter right – Protected by law

What happens if I violate bail conditions?

Bail violations:

• New charges – Breach of conditions
• Bail revoked – May be cancelled
• Jail time – Held until hearing
• Stricter conditions – More restrictions
• Court appearance – Must explain
• Legal consequences – Additional penalties
• Surety impact – Affects person who posted bail
• Future bail – Harder to get in future

How do I prepare for a criminal trial?

Preparation should include:

• Legal representation – Hire experienced lawyer
• Evidence review – Examine all evidence
• Witness preparation – Prepare testimony
• Strategy development – Plan defense approach
• Document organization – Organize all materials
• Court procedures – Understand process
• Timeline management – Meet all deadlines
• Communication – Stay in touch with lawyer

What is a preliminary hearing?

Preliminary hearing:

• Evidence review – Test evidence strength
• Witness testimony – Hear witness statements
• Committal decision – Determine if trial warranted
• No guilt determination – Doesn’t decide guilt
• Testimony preservation – Record evidence
• Defense opportunity – Challenge evidence
• Crown obligation – Show sufficient evidence

What is the difference between a guilty plea and a trial?

Guilty plea:

• Admits guilt – Accepts responsibility
• Faster resolution – Quicker process
• Possible benefits – May get reduced sentence
• No trial – Avoids trial process
• Certain outcome – Knows the result
• Less expensive – Lower legal costs
• Less stressful – Avoids trial stress
• Sentencing hearing – Focus on penalty

Trial:

• Presumption of innocence – Considered innocent
• Burden of proof – Crown must prove guilt
• Evidence presented – All evidence shown
• Witness testimony – Live testimony
• Cross-examination – Challenge evidence
• Jury option – Can choose jury trial
• Uncertain outcome – No guaranteed result
• More expensive – Higher legal costs

What is an appeal?

Appeal process:

• Challenge decision – Contest court ruling
• Higher court – Appeal to superior court
• Legal errors – Argue mistakes in law
• New evidence – Present new information
• Time limits – Must file within deadline
• Costs – Additional legal expenses
• Stay of sentence – May pause penalties
• Multiple levels – Can appeal further