Criminal Law

7 Mistakes to Avoid During a Bail Hearing in Calgary

Khalid Akram · September 29, 2024 ·

Mistake 1: Failing to Hire an Experienced Calgary Bail Hearing Lawyer

One of the most critical mistakes that individuals often make during a bail hearing is not hiring an experienced Calgary bail hearing lawyer. An experienced lawyer understands the intricacies of this process and knows how to craft a persuasive argument tailored to the specific circumstances of the case.

Legal representation is essential for several reasons:

Expertise in Legal Procedures: An experienced lawyer is well-versed in the procedural rules and legal standards that apply during a bail hearing. They know how to present evidence, cross-examine witnesses, and make legal arguments effectively, which can make a significant difference in the judge’s decision.
Knowledge of Local Courts: A lawyer familiar with the Calgary court system will have insights into the preferences and tendencies of local judges, enabling them to tailor their approach accordingly.
Strategic Preparation: A skilled lawyer will meticulously prepare for the hearing, gathering necessary documents, organizing evidence, and developing a solid bail plan that includes strong arguments for release.

How a Skilled Lawyer Can Improve Your Chances of Securing Bail

A seasoned Calgary Bail Hearing Lawyer can improve your chances of securing bail in several ways:

Comprehensive Case Assessment: They will thoroughly review your case, identifying strengths and weaknesses. This includes understanding your personal circumstances, criminal history, and the nature of the charges against you.
Effective Presentation of Bail Plan: A lawyer will help you create a detailed and realistic bail plan that includes elements like a secure living arrangement, reliable sureties, and any other conditions that demonstrate your commitment to complying with bail terms.
Persuasive Legal Arguments: An experienced lawyer will present persuasive legal arguments to counter the prosecution’s claims, addressing concerns about flight risk or public safety and demonstrating why you should be released on bail.
Negotiation Skills: In some cases, a skilled lawyer can negotiate with the Crown to agree on bail conditions, which can significantly increase the likelihood of a favorable outcome.

The Risks of Self-Representation or Using a Lawyer with Limited Experience in Bail Hearings

Opting for self-representation or hiring a lawyer who lacks experience in bail hearings can be a costly mistake. Here’s why:

Lack of Legal Knowledge: Self-represented individuals often lack the legal knowledge required to effectively argue their case, leading to missed opportunities to present compelling evidence or make strong legal arguments.
Emotional Detachment: Representing oneself can lead to emotional involvement in the case, resulting in poor decision-making and an inability to present the case objectively.
Inexperience with Bail Hearings: Not all lawyers specialize in bail hearings. A lawyer with limited experience in this area may not know the best strategies to employ, how to handle opposition from the Crown, or what specific evidence to present to address the court’s concerns.
Potential for Increased Denial: Mistakes made due to lack of experience or knowledge can lead to a bail denial, which could have been avoided with proper legal representation.

Mistake 2: Inadequate Preparation of a Bail Plan

One of the most critical mistakes defendants make during a bail hearing is the inadequate preparation of a comprehensive bail plan. A well-crafted bail plan is more than just a formality—it is a strategic document that can significantly influence the judge’s decision. Presenting a vague or incomplete bail plan can raise doubts about the defendant’s stability and commitment to adhering to bail conditions, ultimately leading to a denial of bail. Below, we delve into the importance of a robust bail plan, common pitfalls to avoid, and how a skilled Calgary Bail Hearing Lawyer can ensure all essential elements are addressed.

The Significance of Presenting a Strong and Detailed Bail Plan to the Court

A bail plan serves as a blueprint that outlines how the accused will live and conduct themselves while awaiting trial. It should address the court’s primary concerns: the risk of the accused not appearing for future court dates, the potential danger they pose to the community, and their likelihood of complying with bail conditions. A detailed bail plan demonstrates the defendant’s intention to lead a stable and law-abiding life during this period, which can significantly sway the court’s decision in favor of granting bail.

A strong bail plan should include:

Stable Living Arrangements: Clear information about where the accused will reside and with whom, demonstrating a safe and stable environment.
Employment or Education: Proof of employment, enrollment in educational programs, or plans for gaining employment, showing the accused’s commitment to productive activities.
Community Ties: Evidence of strong connections to the Calgary community, such as family ties, involvement in community activities, or long-term residency.

Without a well-prepared bail plan that addresses these elements, the court may view the accused as a flight risk or a potential danger to the community, leading to a denial of bail.

Common Issues Like Vague Living Arrangements, Lack of Employment, or Insufficient Community Ties

Several common issues can undermine the effectiveness of a bail plan:

Vague Living Arrangements: Failing to provide clear details about where the accused will live and under what conditions can raise red flags. The court needs assurance that the accused has a stable and secure place to stay, free from negative influences or environments that could lead to re-offending.
Lack of Employment or Educational Plans: A lack of current employment or educational commitments can suggest to the court that the accused lacks stability or purpose, which could increase the risk of non-compliance with bail conditions. It’s crucial to present plans for employment or education to show a commitment to positive activities.
Insufficient Community Ties: Not highlighting strong community connections can be a major setback. The court wants to see that the accused has roots in the Calgary area and is less likely to flee. Without demonstrating these ties, the court may assume the accused is a flight risk.

These issues can lead the judge to question the defendant’s stability and reliability, making it less likely that bail will be granted.

Mistake 3: Choosing an Unreliable Surety

Selecting a reliable surety is one of the most crucial factors in securing bail during a hearing in Calgary, AB. A surety acts as a guarantor for the accused, ensuring they comply with all bail conditions and appear in court as required. The surety’s role is vital, and their credibility can significantly influence the judge’s decision to grant or deny bail. This makes choosing the right surety a critical component of the bail hearing process. Below, we explore the importance of a credible surety, common mistakes people make when selecting one, and how a Calgary Bail Hearing Lawyer can assist in vetting and preparing a reliable surety to strengthen the bail application.

The Role of a Surety in Securing Bail and Why Their Credibility Matters

A surety is an individual who pledges to supervise the accused and ensure they adhere to their bail conditions. The surety takes on significant responsibility and may be required to pledge a monetary amount as a form of security. If the accused fails to follow the bail conditions or misses court appearances, the surety could lose the pledged amount and face legal consequences.

The court considers several factors when evaluating the credibility of a surety:

Reputation and Character: The surety must be a person of good character, with a clean criminal record and a reputation for being responsible and trustworthy. Their credibility assures the court that they are capable of fulfilling their supervisory role.
Financial Stability: The surety’s financial situation is also scrutinized to ensure they can bear the financial responsibility of the bail amount if the accused fails to comply with the conditions.
Relationship to the Accused: The surety should have a strong relationship with the accused, such as being a close family member or a long-term friend, indicating that they have a vested interest in ensuring the accused complies with the bail conditions.
Understanding of Responsibilities: The surety must fully understand their role and responsibilities, including the risks and legal obligations they are assuming.

If the surety is deemed unreliable, it can severely undermine the bail application and lead to its denial.

Mistakes Like Selecting Someone with a Criminal Record or Weak Ties to the Community

Several common mistakes can significantly weaken the bail application:

Choosing a Surety with a Criminal Record: Selecting someone with a criminal record or past legal troubles can raise serious concerns about their ability to supervise the accused effectively. The court may question the surety’s judgment and reliability, viewing them as an unsuitable candidate for this role.
Selecting a Surety with Weak Community Ties: A surety with weak or no ties to the Calgary community may be seen as less reliable. The court prefers a surety who is established in the community, as this indicates they are less likely to abscond and will take their supervisory role seriously.
Inadequate Preparation of the Surety: Another common mistake is not adequately preparing the surety for the hearing. They should be ready to answer questions about their relationship with the accused, their understanding of the bail conditions, and their ability to supervise the accused. A poorly prepared surety may inadvertently harm the bail application with vague or unsatisfactory answers.

These mistakes can be detrimental to the bail application and may lead to a denial of bail, even if all other conditions are favorable.

Mistake 4: Ignoring the Conditions Set by the Court

One of the most detrimental mistakes defendants can make during a bail hearing is ignoring or underestimating the significance of the conditions set by the court. Bail conditions are not mere suggestions—they are legally binding terms that the accused must follow to maintain their freedom while awaiting trial. Misunderstanding or dismissing these conditions can lead to immediate bail denial or revocation, further complicating the legal situation. Below, we explore why understanding and accepting bail conditions is crucial, common issues that arise, and how a skilled Calgary Bail Hearing Lawyer can negotiate favorable terms that balance the court’s requirements with the accused’s circumstances.

Misunderstanding or Underestimating the Impact of Bail Conditions

When the court grants bail, it typically imposes a set of conditions that the accused must follow. These conditions are designed to ensure public safety, prevent interference with the legal process, and reduce the risk of the accused fleeing the jurisdiction. Ignoring or underestimating these conditions can have severe consequences, including the immediate revocation of bail and potential additional charges for breaching the terms.

Common bail conditions include:

House Arrest or Curfew: The accused may be required to remain at home during certain hours or at all times, except for specific reasons like work or medical appointments.
No-Contact Orders: Prohibition from contacting certain individuals, such as alleged victims, witnesses, or co-accused, to prevent tampering or harassment.
Regular Check-Ins: The accused may need to regularly check in with the police or a bail supervisor to verify their compliance with bail conditions.
Restrictions on Travel: The court may restrict the accused from leaving the Calgary area or require them to surrender their passport.

Failing to fully comprehend or accept these conditions can jeopardize the entire bail process. For instance, refusing to agree to a no-contact order or a curfew may signal to the court that the accused is not taking the conditions seriously, making it more likely that bail will be denied.

Common Issues Like Not Agreeing to House Arrest, No-Contact Orders, or Other Conditions

Defendants often encounter problems during bail hearings when they misunderstand or refuse to accept the court’s conditions. Some of the common issues include:

Refusing House Arrest or Curfew: Some accused individuals may find house arrest or curfews too restrictive and refuse to agree to them. This resistance can suggest to the court that the accused is unwilling to comply with necessary conditions to ensure public safety and reduce the risk of re-offending.
Disregarding No-Contact Orders: No-contact orders are common in cases involving alleged victims or witnesses. Disregarding these orders or attempting to contact prohibited individuals can be seen as an attempt to interfere with the judicial process, which can lead to immediate denial or revocation of bail.
Misunderstanding the Seriousness of Conditions: Sometimes, the accused may not fully understand the gravity of bail conditions and inadvertently violate them, thinking they are minor rules. For example, attending an event where a prohibited person is present can be considered a breach, even if the contact was unintentional.
Inability to Meet Financial Conditions: Bail may also include financial conditions, such as posting a cash bail or agreeing to forfeit a sum if the accused fails to appear in court. Not being able to meet these conditions can lead to the denial of bail.

These issues often arise from a lack of understanding of the bail conditions or the belief that they can be negotiated after bail is granted. However, it is crucial to address these matters during the bail hearing to avoid complications later.

Mistake 5: Failing to Address the Court’s Concerns

During a bail hearing, the court’s primary focus is on assessing the potential risks associated with releasing the accused while they await trial. Failing to address the court’s key concerns—such as flight risk, the possibility of re-offending, or threats to public safety—can result in an immediate denial of bail. It is crucial to understand these concerns and present a well-constructed argument supported by evidence to alleviate them. Below, we discuss why addressing these concerns is essential, how a skilled Calgary Bail Hearing Lawyer can effectively mitigate them, and provide example scenarios where proper risk management has improved bail outcomes.

Not Addressing Key Concerns Like Flight Risk, Re-offending, or Threats to Public Safety

When deciding whether to grant bail, the court evaluates several critical factors, including:

Flight Risk: The court needs assurance that the accused will attend all future court appearances. If there is any indication that the accused might flee to avoid prosecution, the likelihood of being granted bail diminishes significantly.
Risk of Re-offending: The judge will consider whether the accused poses a risk of committing further offenses if released on bail. This is particularly relevant in cases involving violence, theft, or substance abuse, where there might be a perceived threat to public safety.
Threats to Public Safety: The court will assess whether releasing the accused could pose a danger to the community or specific individuals, such as victims or witnesses. This is a major concern in cases of assault, harassment, or serious criminal charges.

Failing to proactively address these concerns during the bail hearing can lead the judge to conclude that releasing the accused would be too risky, resulting in bail being denied. It is essential to present a comprehensive and compelling case that directly tackles each of these issues.

Example Scenarios Where Proper Risk Management Can Improve Bail Outcomes

Properly addressing the court’s concerns with a strategic approach can significantly improve the chances of securing bail. Here are some example scenarios:

Scenario 1: Flight Risk Mitigation

Situation: An accused individual facing serious charges is perceived as a flight risk due to previous travel history and a lack of local ties.
Lawyer’s Strategy: The lawyer presents evidence of strong family ties in Calgary, such as a spouse and children who rely on the accused for support. They propose surrendering the accused’s passport and agreeing to strict travel restrictions and regular check-ins with the police.
Outcome: The court is reassured that the accused has no intention of fleeing, and bail is granted with the proposed conditions.
Scenario 2: Re-offending Risk Reduction

Situation: The accused has a history of substance abuse and is charged with a drug-related offense. The court is concerned about the risk of re-offending.
Lawyer’s Strategy: The lawyer presents a bail plan that includes mandatory attendance at a rehabilitation program, regular drug testing, and adherence to a curfew. They also provide letters of support from counselors and evidence of the accused’s progress in treatment.
Outcome: The court is convinced that the risk of re-offending is minimized, and bail is granted with strict conditions.
Scenario 3: Public Safety Assurance

Situation: The accused is charged with a violent crime, and there is concern about the safety of the victim if bail is granted.
Lawyer’s Strategy: The lawyer proposes a no-contact order with the victim and a requirement for the accused to live with a responsible surety outside of the victim’s neighborhood. They also suggest electronic monitoring to ensure compliance.
Outcome: The court acknowledges that these measures sufficiently protect public safety, and bail is granted with the proposed conditions.

Mistake 6: Incomplete or Misleading Information

Providing accurate and complete information during a bail hearing is crucial to securing a favorable outcome. One of the most damaging mistakes an accused person can make is submitting incomplete or misleading information to the court, whether it concerns their living arrangements, employment status, or prior criminal history. Such errors can severely undermine the credibility of the accused, leading to a denial of bail and potentially complicating the legal case further. This section will explore why accuracy is paramount, the consequences of misleading the court, and how a Calgary Bail Hearing Lawyer can ensure all documentation and information are accurate and thorough.

Providing Inaccurate or Incomplete Information to the Court About Living Arrangements, Work Status, or Prior Criminal History

During a bail hearing, the court relies on the information provided by the accused and their legal counsel to make an informed decision about granting bail. This information typically includes details about:

Living Arrangements: The court needs to know where the accused will reside if released on bail. This should be a stable and suitable environment that supports compliance with bail conditions.
Employment Status: Employment can be an indicator of stability and a commitment to lawful behavior. The court considers whether the accused has a job or is pursuing meaningful activities that reduce the risk of re-offending.
Criminal History: The accused’s past criminal record, if any, must be disclosed accurately. The court will assess whether previous offenses indicate a pattern of behavior that could pose a risk if the accused is released.

Providing incomplete or misleading information in any of these areas can have serious consequences. For example, claiming to have stable employment when, in fact, the accused is unemployed, or downplaying previous criminal convictions, can lead to a perception that the accused is not being honest with the court. This dishonesty can erode trust and result in the court denying bail altogether.

The Consequences of Misleading the Court, Including Bail Denial

Misleading the court, whether intentionally or unintentionally, can lead to severe consequences:

Immediate Bail Denial: If the court discovers that the information provided is inaccurate or incomplete, it may interpret this as an attempt to deceive or mislead the judicial process. This can result in an immediate denial of bail.
Loss of Credibility: The accused’s credibility is crucial during a bail hearing. Providing false or misleading information can damage this credibility, making it more difficult to secure favorable decisions in future court proceedings.
Potential for Additional Charges: In some cases, providing false information to the court can lead to additional charges, such as perjury or obstruction of justice, further complicating the legal situation for the accused.
Stricter Bail Conditions: If the court is still willing to grant bail despite the misleading information, it may impose much stricter conditions to mitigate the perceived risk. This could include higher financial surety, stricter monitoring, or more restrictive bail conditions.

These consequences highlight the importance of being truthful and thorough when providing information to the court during a bail hearing.

Mistake 7: Being Uncooperative or Disrespectful in Court

One of the most overlooked yet significant mistakes an accused person can make during a bail hearing is displaying uncooperative or disrespectful behavior in court. Actions such as being argumentative, interrupting proceedings, or showing a lack of remorse can severely damage the accused’s chances of being granted bail. The judge’s perception of the accused plays a crucial role in the outcome of the hearing, and negative behavior can lead to an unfavorable decision. In this section, we will explore how inappropriate behavior can impact a bail hearing, why it’s essential to maintain a respectful demeanor, and how a Calgary Bail Hearing Lawyer prepares clients to present themselves positively in court.

Behavior in Court That Can Negatively Impact a Bail Hearing

During a bail hearing, the judge evaluates not only the evidence and arguments presented but also the behavior and demeanor of the accused. Certain behaviors can create a negative impression and influence the judge’s decision to deny bail. These include:

Being Argumentative: Disputing the judge’s statements or arguing with the prosecution can make the accused appear combative and uncooperative. This behavior can suggest to the court that the accused may not respect legal authorities or be willing to comply with bail conditions.
Interrupting or Speaking Out of Turn: Interrupting the judge, the prosecutor, or even one’s own lawyer can be seen as a lack of respect for the court’s procedures. It may indicate that the accused is unable to follow rules and instructions, which is a critical factor in assessing their suitability for bail.
Showing a Lack of Remorse or Responsibility: Displaying a dismissive attitude towards the charges or failing to acknowledge the seriousness of the situation can be perceived as a lack of remorse. This can make the judge question whether the accused is likely to comply with bail conditions or re-offend.
Inappropriate Body Language: Non-verbal cues like eye-rolling, sighing loudly, or displaying an aggressive posture can also negatively affect the judge’s perception. Such behavior can be interpreted as disrespectful or indicative of a defiant attitude.

These behaviors can severely damage the accused’s credibility and trustworthiness in the eyes of the court, leading to a higher likelihood of bail being denied.

The Importance of Maintaining a Respectful and Cooperative Demeanor in Front of the Judge

Maintaining a respectful and cooperative demeanor during a bail hearing is crucial for several reasons:

Demonstrating Respect for the Court: The court expects all participants to respect its authority and procedures. A respectful demeanor demonstrates that the accused understands the gravity of the situation and is willing to follow the court’s rules and conditions if released on bail.
Showing Willingness to Comply: Being cooperative in court can indicate to the judge that the accused is likely to comply with any bail conditions imposed. This is a key consideration for the court when deciding whether to grant bail.
Improving Credibility: A respectful and composed demeanor enhances the accused’s credibility. It shows that they are taking the proceedings seriously and are committed to presenting themselves in a positive light.
Influencing the Judge’s Perception: Judges are human and can be influenced by the behavior they observe in the courtroom. A polite and cooperative attitude can create a favorable impression and make the judge more inclined to grant bail.

Understanding and Navigating Youth Criminal Law

Khalid Akram · February 8, 2024 ·

In Canada, the Youth Criminal Justice Act (YCJA) sets out specific provisions and procedures for dealing with youth in conflict with the law. It plays a crucial role in addressing the unique needs and circumstances of young persons. A “young person” refers to someone who is between the ages of 12 and 17 at the time of committing an offense.

Foundations of the Youth Justice System:

The system is based on the belief that young persons possess different levels of maturity and culpability compared to adults. Recognizing the developmental stages of young persons, the system aims to hold young offenders accountable for their actions while providing opportunities for rehabilitation and positive growth.

Key Principles of the Youth Criminal Justice Act (YCJA):

Rehabilitation and Reintegration: The primary objective of the YCJA is to rehabilitate young offenders and facilitate their successful reintegration into society. This emphasis on rehabilitation emphasizes the importance of addressing underlying factors contributing to delinquent behavior.
Proportionality: The YCJA mandates that youth sentences must be proportionate to the severity of the offense and the individual circumstances of the offender. Sentencing decisions aim to balance accountability with the principles of restraint.
Youthfulness as a Mitigating Factor: The law recognizes that the immaturity and vulnerability of young offenders may mitigate their level of responsibility for criminal behavior. Courts take into account factors such as age, maturity, and the potential for rehabilitation when determining appropriate responses to youth offenses.
Protection of Rights: The YCJA upholds the legal rights of young persons, including the right to legal representation, the right to a fair trial, and the right to privacy. These safeguards ensure that young offenders are treated fairly and afforded due process throughout the justice process.

Key Components of the Juvenile Justice Process:

Extrajudicial Measures: For less serious offenses, police officers and youth justice officials may opt for extrajudicial measures such as warnings, cautions, or referrals to community programs. These measures aim to address underlying issues without resorting to formal court proceedings.
Diversion Programs: Diversion programs provide alternative interventions for youth offenders, including community service, counseling, or educational programs. These initiatives focus on addressing the root causes of delinquency and promoting positive behavioral change.
Youth Court Proceedings: In cases where formal charges are laid, youth offenders may appear before the youth court, which operates separately from adult criminal court. Youth court proceedings prioritize the principles of rehabilitation and reintegration while ensuring accountability for criminal behavior.
Sentencing and Dispositions: If found guilty, youth offenders may receive various dispositions, including probation, community service, or custody sentences.

If you’ve been charged as a young offender, contact our experienced team today for a free consultation. With our understanding of the principles and processes of youth criminal law, and our experience navigating the complexities of the youth justice system, we take a wholistic and collaborative approach to resolving youth criminal charges.

What to Do If You’re Pulled Over by the Police

Khalid Akram · February 8, 2024 ·

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:

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.
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.
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.
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.
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.
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.
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.
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.
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.

Rights of the Accused

Khalid Akram · February 8, 2024 ·

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.