Key Defences Used by Criminal Lawyers in Calgary
When facing criminal charges, a strong and well-structured defence can significantly affect the outcome of a case. Criminal lawyers in Calgary employ various legal defences depending on the specific circumstances surrounding each case. Below are some of the most common and effective defences used by Calgary criminal lawyers:
1. Lack of Intent (Mens Rea)
One of the fundamental principles of criminal law is that the prosecution must prove mens rea—the intention to commit a crime. In cases where the defence can demonstrate that the accused did not have the necessary intent, it becomes difficult for the prosecution to secure a conviction. For example, in cases of theft or assault, proving that the accused acted without criminal intent can result in acquittal or reduced charges. Lack of intent is often used in situations where the accused’s actions were accidental or misinterpreted.
2. Self-Defence
Self-defence is a powerful argument in cases involving physical altercations or assault. Criminal lawyers in Calgary often use this defence to justify the accused’s actions by showing that they were acting to protect themselves or someone else from immediate harm. The accused must prove that the force used was necessary and reasonable in the circumstances. If successful, this defence can lead to the charges being dismissed or significantly reduced, as self-defence is a legally recognized justification for otherwise criminal acts.
3. Alibi Defence
An alibi defence involves proving that the accused was not at the scene of the crime at the time it occurred. This defence relies on presenting evidence such as witness testimony, security footage, or other documentation that confirms the accused’s whereabouts. Criminal lawyers in Calgary work to gather and present this evidence in court to show that it was impossible for the accused to have committed the crime in question. A solid alibi can result in an acquittal if the court finds the evidence credible.
4. Mistaken Identity
In some cases, individuals may be wrongfully identified as the perpetrator of a crime. Mistaken identity is a common defence in Calgary criminal cases, especially in situations where eyewitness accounts or identification procedures were flawed. Criminal lawyers challenge the reliability of the identification by pointing out inconsistencies in the testimony or errors in the investigative process. If the court agrees that there is reasonable doubt about the identity of the perpetrator, the charges may be dropped.
5. Violation of Rights
Criminal lawyers in Calgary often argue that the accused’s Charter rights were violated during the arrest, investigation, or trial. The Canadian Charter of Rights and Freedoms protects individuals from unlawful search and seizure, improper interrogation techniques, and other violations. If a lawyer can demonstrate that the accused’s rights were infringed, any evidence obtained through such violations can be deemed inadmissible in court. This can significantly weaken the prosecution’s case, leading to a dismissal of charges or acquittal.
6. False Accusation
In some instances, criminal charges are the result of false accusations made by individuals with personal vendettas or ulterior motives. Criminal lawyers in Calgary work to expose these false claims by investigating the accuser’s motives and presenting evidence that contradicts their statements.
How Criminal Lawyers Challenge Evidence in Calgary
1. Questioning the Validity of Evidence
One of the first steps a criminal lawyer takes is to meticulously scrutinize the evidence against their client. Whether it’s forensic data, physical evidence, or witness testimony, lawyers examine every detail for potential weaknesses. In cases involving forensic evidence, such as DNA or fingerprints, criminal lawyers may consult independent experts to challenge the accuracy or relevance of the findings. For example, they might argue that the forensic procedures were improperly conducted or that the evidence was contaminated.
In cases involving witness testimony, lawyers often highlight inconsistencies in statements or question the witness’s ability to accurately recall events. This can involve pointing out discrepancies between what the witness says in court and previous statements they made to law enforcement.
2. Cross-Examining Witnesses
Cross-examination is one of the most powerful tools a criminal lawyer has to challenge the prosecution’s case. During cross-examination, the defence lawyer questions the prosecution’s witnesses in an effort to undermine their credibility and reliability. In Calgary criminal trials, this process often reveals inconsistencies in the witness’s testimony or exposes biases that may have influenced their account of events.
For example, if a witness has a personal relationship with the victim or a motive to see the accused convicted, the lawyer will use cross-examination to bring these factors to light. Effective cross-examination can cast doubt on the prosecution’s key witnesses, leading the court to question the strength of the case against the accused.
3. Challenging Police Procedures
Criminal lawyers in Calgary are also skilled at identifying procedural errors made by the police during the investigation or arrest process. These errors can range from unlawful search and seizure to improper handling of evidence. If the police violated the accused’s rights under the Canadian Charter of Rights and Freedoms, any evidence obtained through those violations may be deemed inadmissible in court.
Using Plea Bargains and Negotiations as a Defence Strategy
How Plea Bargaining Works in Calgary
The plea bargaining process begins when a criminal lawyer identifies an opportunity to negotiate with the prosecution. This typically occurs after the lawyer has reviewed the evidence and determined that a trial may not result in a more favorable outcome for their client. In Calgary, criminal lawyers carefully weigh the risks and potential penalties of going to trial against the benefits of securing a plea deal. Depending on the strength of the evidence, the severity of the charges, and the client’s circumstances, the lawyer may propose a plea bargain to the prosecution or respond to an offer made by the Crown.
In cases where a trial poses significant risks, accepting a plea bargain can result in reduced charges (e.g., from aggravated assault to simple assault) or lower sentencing (e.g., probation instead of jail time).
How Criminal Lawyers Negotiate Plea Bargains
Criminal lawyers in Calgary are skilled negotiators who use their knowledge of the law and experience in the courtroom to secure the best possible deal for their clients. They leverage several factors to strengthen their position during negotiations, including weaknesses in the prosecution’s case, mitigating circumstances, and the client’s background (e.g., first-time offenders or those with no prior criminal history).
A criminal lawyer may argue for a lesser charge by pointing out flaws in the evidence or emphasizing that the accused’s actions were unintentional or less severe than originally portrayed. In cases where a conviction is inevitable, the lawyer may push for lighter sentencing by presenting mitigating factors, such as the accused’s remorse, efforts to seek rehabilitation, or positive contributions to society.
Mental Health Defences
1. Insanity Defence
The insanity defence is one of the most recognized mental health defences used by criminal lawyers. This defence is based on the argument that the accused was suffering from a severe mental disorder at the time of the offence, rendering them incapable of understanding the nature and consequences of their actions. In Calgary, to successfully use this defence, the criminal lawyer must prove that the accused could not differentiate between right and wrong due to their mental illness.
If the court finds that the accused was legally insane at the time of the crime, they may be found not criminally responsible (NCR) due to mental disorder. This does not mean the accused is released without consequence, but rather that they are typically placed in a psychiatric facility for treatment instead of a traditional correctional facility. The length of their stay depends on their progress and ongoing assessment by mental health professionals.
2. Diminished Capacity
Diminished capacity is another mental health defence that focuses on showing that the accused’s mental state, while not completely incapacitated, was significantly impaired at the time of the crime.
Entrapment Defence
How the Entrapment Defence Works
For a criminal lawyer in Calgary to successfully argue entrapment, they must prove that the accused was persuaded or tricked by law enforcement into committing the offence. It is not enough to show that the accused was presented with an opportunity to commit the crime; the defence must demonstrate that the police took an active role in influencing or encouraging the criminal act.
For instance, in cases involving drug offences or prostitution-related charges, law enforcement may use undercover officers to pose as buyers or participants. If it can be shown that these officers excessively pressured the accused or made threats, the entrapment defence may be applicable. The key argument in an entrapment case is that the crime would not have taken place had it not been for the police’s undue influence or provocation.
Proving Entrapment in Calgary
In Calgary, criminal lawyers rely on thorough investigation and evidence gathering to prove entrapment. This often involves obtaining records of communication, undercover operations, and the methods used by law enforcement during the investigation. By cross-examining police officers and presenting evidence that shows undue influence, a lawyer can argue that the accused was wrongfully led into criminal activity.
It’s important to note that the entrapment defence does not apply if the accused was predisposed to committing the crime before being approached by law enforcement. The criminal lawyer must demonstrate that the accused had no previous intention or inclination to engage in the criminal activity before the inducement.
The Impact of an Entrapment Defence
If successfully argued, the entrapment defence can lead to the charges being dismissed. The courts in Calgary take entrapment claims seriously, as the justice system does not support the idea of authorities creating criminals out of otherwise law-abiding individuals. A successful entrapment defence protects the rights of the accused and ensures that law enforcement operates within legal and ethical boundaries.
Duress and Coercion
How Duress and Coercion Work as a Defence
Under Canadian law, the defence of duress applies when an individual is compelled to commit a crime because they are under an immediate threat of violence or death. In such situations, the accused is arguing that they had no other option but to carry out the illegal act to protect themselves or someone else from significant harm. For example, in cases of robbery, theft, or even assault, a criminal lawyer in Calgary might use the duress defence to show that their client was coerced into participating in the crime under threats from another party.
The coercion defence similarly focuses on external pressure forcing the accused into criminal activity. However, it emphasizes that the person’s will was overpowered by the influence or threats of another individual, leaving them unable to resist committing the crime.
Proving Duress and Coercion in Calgary Courts
To successfully argue duress or coercion, a criminal lawyer must demonstrate several key factors in Calgary courts:
- Immediate Threat: The threat must have been immediate, meaning that the accused was facing imminent harm or death at the time of the crime. The lawyer must show that the threat was credible and serious enough to make any reasonable person fear for their life or safety.
- No Reasonable Escape: It must also be proven that the accused had no reasonable way to avoid the situation or escape the threat without committing the crime. If the court finds that the accused could have sought help from law enforcement or avoided the situation entirely, the duress defence may not be successful.
- Proportionality: The criminal act committed under duress must be proportional to the threat faced. A criminal lawyer will argue that the accused’s actions were justified given the level of danger they were in.
- No Voluntary Association with Criminal Activity: The defence will likely fail if the accused was involved in criminal activity before the threat was made. For example, if someone willingly joined a gang or criminal organization and later claimed duress, it would be difficult to establish a valid defence.
The Impact of Duress and Coercion on Criminal Charges
If successfully argued, the duress and coercion defence can lead to acquittal or a significant reduction in charges. The courts in Calgary understand that individuals should not be punished for actions they were forced to take under extreme pressure, especially when their life or safety was at risk.
Criminal lawyers use this defence in cases where their client was under the direct influence of a more dangerous individual or criminal group. By proving duress, they can show that their client’s actions were not voluntary but instead the result of a desperate situation.