Being charged with a criminal offence can be stressful and confusing, particularly if you have never dealt with the criminal justice system before. A charge can affect your employment, family, ability to travel, reputation and, depending on the circumstances, your freedom.
If you have been charged with a crime in Calgary or elsewhere in western Canada, understanding what happens next can help you make informed decisions and avoid mistakes that could complicate your situation.
This article provides general information about the criminal process. It is not legal advice, and every criminal case is different.
A Criminal Charge Is Not a Conviction
One of the most important things to understand is that being charged does not mean you have been found guilty.
Canadian law recognizes the presumption of innocence. The prosecution must prove the case against an accused person according to the applicable criminal standard. Depending on the circumstances, charges may ultimately be withdrawn or stayed, resolved through negotiations, or proceed to trial.
For that reason, it is important not to assume that the outcome of your case has already been determined simply because police have laid a charge.
Understand and Follow Your Release Conditions
If you were arrested and later released, you may have been given documents containing conditions you are required to follow. These can include restrictions on contacting particular people, attending certain locations, possessing weapons or engaging in other activities.
Read these documents carefully and keep copies in a safe place.
Even when a condition causes significant inconvenience, you should not simply ignore it. Breaching a release condition can result in additional criminal charges. If a condition creates a serious problem for example, because it affects your home, employment or family arrangements, then you should speak with a criminal defence lawyer about whether there is a lawful way to seek a change or variation of the condition.
Be Careful About What You Say
After being charged, it is generally wise to be cautious about discussing the allegations.
Statements to police can become evidence. Conversations, text messages, emails and social media activity may also become relevant to a criminal investigation or prosecution. Trying to contact a complainant or witness to “clear things up” can create further difficulties, particularly where a release order prohibits contact.
If you are arrested or detained, section 10(b) of the Canadian Charter of Rights and Freedoms protects your right to retain and instruct a lawyer without delay and to be informed of that legal right.
Before providing further information about the allegations, obtain legal advice about your rights and obligations.
Do Not Miss Your Court Date
Your release or court documents should identify when and where you are required to attend court. Take these dates seriously.
A first court appearance does not mean that your trial will happen that day. Early appearances are generally part of the process of moving the case forward, dealing with disclosure, determining representation and addressing next steps. Legal Aid Alberta similarly describes the first appearances as distinct from going directly from being charged to trial.
If you are uncertain about where you need to be or what is expected of you, obtain clarification before the scheduled date rather than simply failing to attend.
Disclosure Is an Important Part of the Case
The Crown is generally required to provide relevant, non-privileged information in its possession or control to the accused, subject to limited exceptions. This material is commonly called disclosure.
Disclosure may contain police reports, witness statements, photographs, video, audio recordings and other evidence connected with the allegations. Reviewing it is an important part of understanding the case.
A criminal defence lawyer can review the disclosure and assess issues such as the strength of the Crown's evidence, possible defences, evidentiary concerns and potential Charter issues.
Consider Speaking With a Criminal Defence Lawyer Early
There can be advantages to obtaining legal advice soon after being charged rather than waiting until shortly before a court appearance or trial.
A lawyer can explain the offence you are facing, the potential consequences, your release conditions and the court process. Counsel can also review disclosure, communicate with the Crown where appropriate and help you understand the available options.
Those options will depend on the facts. Some matters may be resolved without a trial, while others may require litigation. The appropriate strategy should be based on the evidence, the law and your individual circumstances.
If paying privately for a lawyer is difficult, Legal Aid Alberta provides criminal law services to eligible applicants. Duty counsel can also provide brief legal assistance to Albertans facing criminal charges, including people who do not qualify financially for full Legal Aid representation.
Criminal Charges Can Have Consequences Beyond Court
The consequences of a criminal case can extend beyond a fine or potential jail sentence. Depending on the offence and your circumstances, a conviction could affect employment, professional licensing, immigration status, driving privileges, travel or your ability to possess firearms.
These collateral consequences are one reason it is important to look at the entire situation before making decisions about how to proceed.
Take the Charge Seriously, but Know Your Options
Facing a criminal charge can feel overwhelming, but a charge is the beginning of a legal process and not the final result.
Keep your paperwork, comply with your release conditions, attend all required court appearances, avoid discussing the allegations unnecessarily and obtain legal advice as early as possible.
Our Calgary criminal defence law firm assists people facing criminal allegations in western Canada. If you have been charged, speaking with a lawyer can help you understand the specific allegations, your rights and the options available in your case.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Criminal cases are fact-specific, and laws and procedures may change. If you require advice about your circumstances, consult a qualified lawyer.
Sign in to leave a comment.