Criminal Law

Being pulled over by the police can be nerve-wracking for anyone. Whether it’s for a routine traffic stop or another reason, knowing how to handle the situation calmly and respectfully is essential. 

There are specific steps you should follow if you find yourself in this situation. Understanding your rights and responsibilities can help ensure a smooth interaction with law enforcement. 

Here’s what you need to know:

1. Remain Calm and Pull Over Safely: When you see flashing lights or hear a siren, safely pull over to the side of the road as soon as it’s safe to do so. Choose a well-lit area if possible, and use your turn signal to indicate your intention to pull over. Stay calm and avoid sudden movements.
2. Stay Inside Your Vehicle: Once you’ve pulled over, remain inside your vehicle unless instructed otherwise by the officer. Roll down your window and keep your hands visible, preferably on the steering wheel. This helps to reassure the officer that you pose no threat.
3. Cooperate and Be Respectful: Treat the officer with respect and follow their instructions politely. Provide your driver’s license, vehicle registration, and proof of insurance when requested. If you need to reach for these documents, inform the officer of your actions beforehand.
4. Know Your Rights: You have the right to ask why you were pulled over and to receive an explanation of any charges or citations. You also have the right to remain silent, although you must provide your identification and vehicle documents when requested.
5. Avoid Arguing or Admitting Guilt: It’s natural to feel frustrated or upset if you’re pulled over, but arguing with the officer is unlikely to help your situation. Refrain from admitting guilt or arguing about the validity of the stop. You can address any concerns or contest the charges in court if necessary. 
6. Follow Traffic Stop Procedures: During a traffic stop, the officer may ask you questions about your identity, destination, or any suspicious activity. Answer truthfully and concisely, but remember that you’re not obligated to answer questions beyond providing your identification and vehicle documents.
7. Request Legal Representation if Necessary: If you believe your rights have been violated or you’re facing serious charges, you have the right to retain a lawyer. You can ask the officer for permission to contact a lawyer before answering any questions or making statements.
8. Take Note of Details: If you feel the need to dispute the charges or file a complaint, take note of relevant details such as the officer’s badge number, patrol car number, and any witnesses present during the stop. This information can be valuable if you decide to pursue further action.
9. Follow Up if Required: After the encounter, review any tickets or citations you received and take appropriate action – pay the fine or contest the charge. If you have concerns about the conduct of the officer or the handling of the stop, consider filing a formal complaint with the appropriate law enforcement agency. 

Remember, the goal of a traffic stop is to ensure safety and enforce traffic laws. By remaining calm, cooperative, and aware of your rights, you can navigate the situation with confidence and respect for both yourself and law enforcement officers. Being prepared and knowing what to expect can help alleviate some of the stress associated with being pulled over by the police.

If you’ve been charged with a criminal offence in Alberta, call us today to speak with an experienced criminal lawyer. Your initial consultation is free. We can help.

Being accused of a crime can be frightening. However, in Canada, there are important rights in place to protect individuals facing criminal charges. The following  is discussion of what some of these rights are and how they work:

1. Right to Be Informed

If you’re accused of a crime, you have the right to know what you’re being accused of and why. The police must inform you of the specific charges against you and explain your rights in a language you understand. This helps ensure that you know what’s happening and can participate fully in the legal process.

2. Right to Legal Representation

One of the most important rights of the accused in Canada is the right to legal representation. This means you have the right to retain a lawyer to defend you. There are certain consequences that result if this right is breached. For example, your case may be dismissed. 

You should hire a good criminal lawyer to defend you. Our team can help you understand your rights, navigate the legal system, and advocate on your behalf during court proceedings to reach a favourable outcome.

3. Right to Remain Silent

In Canada, you have the right to refuse to answer questions from the police or other authorities if you believe it could incriminate you. You can’t be forced to speak or provide evidence against yourself, and your silence can’t be used against you in court.

The right against self-crimination and right to silence protects an accused from cooperating in their own conviction. The right comes from common law (case law) and section 7 of the Charter.

4. Right to a Fair Trial

Every accused person in Canada has the right to a fair trial. This means that your case will be heard by an impartial judge or jury who will consider the evidence and legal arguments presented by both sides. You have the right to challenge evidence against you and to present your own evidence and witnesses in your defense.

There are rules that must be followed to ensure a fair trial. We do our best to ensure a fair trial by making sure the prosecution follows the rules.

5. Presumption of Innocence

In Canada, you are presumed innocent until proven guilty beyond a reasonable doubt. This means that the burden of proof lies with the prosecution to demonstrate your guilt, and you don’t have to prove your innocence. The presumption of innocence is a fundamental principle of Canadian criminal law and ensures that individuals are treated fairly throughout the legal process.

Sometimes the proof is weak or appears strong at first glance. A good criminal lawyer can spot weaknesses in the prosecutions case and use it to your advantage. At Akram Law, we thoroughly review the evidence with a critical eye, with a view to obtaining a favourable outcome for our clients.

6. Protection Against Self-Incrimination

You have the right to protection against self-incrimination, which means you can’t be compelled to testify against yourself in court. This includes the right to refuse to testify as a witness and the right to choose not to testify in your own defense. Your decision to remain silent or not testify cannot be used against you or interpreted as an admission of guilt.

These are just some of the rights of the accused in Canadian law that are designed to ensure fairness, protect individual liberties, and uphold the principles of justice. 

If you’ve been charged with a criminal offence in Alberta, contact us today for a free consultation.Our experienced team can help you understand the various rights you have as an accused and help you plan your best defence. 

When it comes to dealing with criminal matters in Canada, the journey from suspicion to trial is quite a process. Let’s break it down into simpler terms:

1. The Investigation

This is where it all begins. The police collect clues and information to figure out what happened. They have to follow strict rules to ensure fairness to everyone involved and that the evidence they gather is solid.

2. Arrest and Charge

If the evidence points to someone, the police might arrest them. It’s a serious moment that comes with certain rights. For example, the Police  have to tell you why you’re being arrested. They also have to tell you that you have the right to stay silent and to talk to a lawyer. These are rights guaranteed by the Charter.

Here’s a piece of free legal advice: never waive these rights without speaking to a lawyer. Depending on the situation, you might go home or stay in custody until your trial . 

Contact us immediately if you’ve been arrested or charged. We can help arrange your release. 

3. Resolution:

After you are charged, the prosecutor screens the charges to determine whether to prosecute. Depending on many factors, charges may resolve without the need for a trial. 

You will need an experienced criminal lawyer by your side to negotiate a favourable resolution with the prosecutor. Our team has a proven track record of getting favourable resolutions for clients. Contact us to speak to an experienced criminal lawyer.

4. The Trial

If there is no resolution, the matter goes to trial. The prosecution presents their evidence to prove you did the crime “beyond a reasonable doubt”. Your defense team fights to cast doubt on the prosecution’s evidence. The judge acts as a referee to ensure a fair trial. The trial is a battle of wits and evidence, with the judge or jury ultimately deciding. 

You don’t want to go at this alone. You will need an experienced criminal defence lawyer by your side. 

4. Verdict and Sentencing

After all is said and done, the judge or jury makes their decision: guilty or not guilty. There are also If they find you guilty, it’s time for the sentencing phase. This is when they decide what punishment fits the crime, whether it’s a fine, community service, or even jail time.

5. Appeal Process

If you think something went wrong during the trial, you have the right to appeal. That means you can ask a higher court to review the case and see if there were any mistakes made. It’s like a second chance to set things right. However, there are timelines to file an appeal so you will need to act fast. 

In the end, the criminal procedure in Canada is all about fairness and making sure everyone involved gets a fair shake. From the first suspicion to the final judgment, each step is crucial in keeping the justice system on track and ensuring that justice is served. You will need an experienced criminal lawyer to ensure a fair process.

If you’ve been arrested or charged with a crime, contact our experienced team today to discuss your case and work on your best defence. No matter which stage of the criminal process you are in, we can help.