Step-by-Step Process After a Criminal Charge is Laid
1. Arrest and Detention
What Happens During the Arrest Process:
If the police suspect you have committed a crime, they may arrest you. During the arrest, the police officer will inform you of the reason for your arrest and read you your rights.
Your Rights Upon Arrest:
- Right to Remain Silent: You are not obligated to answer questions or provide a statement.
- Right to Legal Counsel: You have the right to contact a criminal lawyer in Calgary as soon as possible. This includes access to a duty counsel if you do not have a lawyer.
- Right to Be Informed: The police must inform you of the specific charges against you.
If you are detained, you may be taken to a Calgary police station or holding facility for further questioning or processing.
2. Bail Hearing (If Applicable)
When a Bail Hearing Occurs:
A bail hearing typically takes place within 24 hours of your arrest, or as soon as possible. The hearing is held in front of a judge or justice of the peace.
Possible Outcomes:
- Release on Conditions: You may be released under specific conditions, such as reporting to police, staying within Calgary, or avoiding contact with certain individuals.
- Detention Until Trial: If the judge believes you pose a risk to public safety or may not appear in court, you may be detained until your trial.
3. First Court Appearance
What to Expect:
During your first appearance in a Calgary courtroom, the charges against you will be formally read. This appearance is not a trial but a procedural step.
Plea Options:
You will be asked to enter a plea:
- Guilty: This may lead to immediate sentencing or scheduling a sentencing hearing.
- Not Guilty: The court will set dates for pre-trial motions or a trial.
4. Disclosure of Evidence
What is Disclosure:
Disclosure refers to the evidence the Crown prosecutor has against you. This evidence must be shared with you and your lawyer before the trial.
When It Happens:
Disclosure usually happens shortly after your first court appearance. It may include police reports, witness statements, and physical evidence.
Reviewing Evidence:
Your lawyer will review the evidence with you and help determine your defence strategy.
5. Plea Options
Guilty Plea:
If you plead guilty, you accept responsibility for the crime. The court will consider:
- The circumstances of the offence.
- Your personal history and any mitigating factors.
- Potential sentencing, which may include fines, community service, probation, or jail time.
Not Guilty Plea:
If you plead not guilty, your lawyer will begin preparing for trial. This may involve gathering evidence, identifying witnesses, and exploring legal defences.
6. Pre-Trial Motions and Conferences
Legal Motions:
Your lawyer may file pre-trial motions to address:
- Evidence Issues: Challenging the admissibility of certain evidence.
- Charter Violations: Alleging breaches of your Charter rights.
- Procedural Issues: Addressing any irregularities in the legal process.
Settlement Discussions:
Pre-trial conferences may also be held to discuss potential plea deals or resolutions without going to trial.
7. Preliminary Inquiry (For Serious Charges)
Purpose of a Preliminary Inquiry:
In cases involving serious charges, a preliminary inquiry determines if there is enough evidence to proceed to trial.
When It Applies:
Preliminary inquiries are typically reserved for indictable offences (serious crimes) such as aggravated assault, drug trafficking, or homicide.
8. Trial Process
Judge vs. Jury Trial:
You may choose a trial by judge alone or by judge and jury, depending on the severity of the charges.
Stages of the Trial:
- Opening Statements: The Crown and defence present their cases.
- Evidence Presentation: Witnesses testify, and evidence is submitted.
- Cross-Examinations: Each side questions the witnesses.
- Closing Arguments: Final arguments are made by the Crown and defence.
9. Verdict and Sentencing
Possible Outcomes:
- Acquittal: Found not guilty and free to go.
- Conviction: Found guilty and proceed to sentencing.
- Dismissal: Charges are dropped due to insufficient evidence or procedural errors.
Sentencing Considerations:
The judge considers factors such as:
- The severity of the crime.
- Your prior criminal record (if any).
- Victim impact statements.
10. Appeal Process
When to Appeal:
If you believe a legal error occurred during your trial or sentencing, you may appeal the verdict or sentence to a higher court.
How to Appeal:
- File a notice of appeal within the specified timeframe.
- Your defence lawyer will prepare legal arguments for the appeal.
Role of a Defence Lawyer:
An experienced criminal defence lawyer in Calgary can guide you through the appeal process, helping to identify grounds for appeal and advocating on your behalf.
Your Rights After a Criminal Charge
Right to Legal Counsel
Under the Canadian Charter of Rights and Freedoms, you have the right to consult with a lawyer as soon as possible after being charged. In Calgary, if you cannot afford a lawyer, you can access duty counsel services through Legal Aid Alberta. Your lawyer will:
- Advise you on the charges and possible outcomes.
- Represent you in court and during negotiations.
- Ensure your rights are protected throughout the legal process.
Right to a Fair and Timely Trial
You have the right to a fair and timely trial, ensuring that your case is heard without unnecessary delays. In Calgary, this means:
- Your trial should commence within a reasonable period, as delays can violate your rights under Section 11(b) of the Charter.
- The trial process must be impartial, with a qualified judge or jury ensuring fairness.
Right to Disclosure of Evidence
You are entitled to receive full disclosure of the evidence the Crown has against you. This includes:
- Police Reports: Detailed accounts of the investigation.
- Witness Statements: Testimonies from individuals involved.
- Physical Evidence: Any materials related to the case.
Your defence lawyer will review the disclosure to develop a robust defence strategy and identify any weaknesses in the Crown’s case.
Protection from Self-Incrimination
You cannot be forced to testify against yourself or provide evidence that could lead to your conviction. This right is protected under Section 11(c) of the Charter and ensures that:
- You have the option to remain silent during interrogations and at trial.
- The burden of proof rests with the Crown, meaning they must prove your guilt beyond a reasonable doubt.
The Importance of Hiring a Calgary Defence Lawyer
How a Lawyer Can Help Navigate the Legal Process
Navigating the criminal justice system in Calgary can be complex. A skilled defence lawyer understands the intricacies of local laws, court procedures, and legal requirements. They will:
- Guide you through each stage, from arrest to potential appeal.
- Ensure you meet all deadlines and procedural obligations.
- Represent you in court, advocating for your best interests.
Building a Strong Defence and Exploring Plea Options
An experienced defence lawyer will:
- Analyse Evidence: Review disclosure and identify weaknesses in the Crown’s case.
- Develop Strategies: Create a tailored defence plan based on the facts and legal principles.
- Negotiate Plea Deals: If appropriate, your lawyer can negotiate with the Crown for reduced charges or penalties.
Protecting Your Rights and Minimizing Potential Penalties
A defence lawyer’s primary role is to protect your legal rights. This includes:
- Ensuring your Charter rights are upheld throughout the process.
- Challenging any unlawful evidence or procedural errors.
- Advocating for the least severe penalties if a conviction occurs, such as community service or probation instead of jail time.
Having a Calgary-based defence lawyer who understands the local legal landscape can make a significant difference in the outcome of your case. Their knowledge, experience, and advocacy are invaluable in achieving the best possible result.
Tips for Handling a Criminal Charge in Calgary
1. Remain Calm and Cooperative
Being arrested and charged can be a stressful experience, but it’s crucial to stay calm and cooperative with law enforcement officers. In Calgary, maintaining composure during interactions with police helps prevent misunderstandings and additional charges, such as resisting arrest. Follow instructions without arguing, and avoid making sudden movements. This cooperation can help your defence lawyer build a stronger case for you later.
2. Exercise Your Right to Silence
You have the right to remain silent under the Canadian Charter of Rights and Freedoms. Exercising this right means you are not obligated to answer any questions from the police beyond providing basic identification information. Anything you say during or after your arrest can be used against you in court, so it’s best to refrain from making statements until you have spoken to a defence lawyer. Politely inform the police that you wish to exercise your right to silence.
3. Consult a Defence Lawyer Immediately
In Calgary, contacting a defence lawyer as soon as possible is essential to protect your rights and build an effective defence. Defence lawyers can be reached 24/7, and Legal Aid Alberta provides access to duty counsel if you cannot afford a private lawyer. A knowledgeable Calgary-based defence lawyer will help you understand the charges, evaluate the evidence, and guide you through bail hearings, court appearances, and trial preparation.
4. Follow Legal Advice Closely
Your lawyer’s advice is based on their understanding of Calgary’s legal system and their experience with similar cases. Follow their instructions carefully regarding court appearances, communication with law enforcement, and handling evidence. This includes adhering to any bail conditions, attending all scheduled court dates, and avoiding actions that could jeopardize your case. Trusting and cooperating with your defence lawyer maximizes your chances of a favourable outcome.
FAQs About Criminal Charges in Calgary
1. What Should I Do Immediately After Being Charged?
Remain calm, exercise your right to silence, and contact a defence lawyer as soon as possible. Avoid discussing your case with anyone other than your lawyer.
2. How Long Does the Criminal Process Take in Calgary?
The timeline varies depending on the complexity of the case and court availability. Some cases resolve within a few months, while others, especially serious offences, may take a year or more.
3. Can Charges Be Dropped Before Trial?
Yes, the Crown prosecutor may drop charges if there is insufficient evidence or if proceeding is not in the public interest. Your lawyer can negotiate for this outcome based on the specifics of your case.
4. What Happens If I Miss a Court Date?
Missing a court date can result in a warrant for your arrest and additional charges, such as failure to appear. Contact your lawyer immediately if you miss a court date to address the situation promptly.