Pivot Law Logo

*

Warren T Smith Logo
Warren T Smith Logo
Get a Qoute

* A registered trade name of Warren T. Smith Professional Corporation

Got Charged in Alberta? Know What Happens Next

Got Charged in Alberta? Know What Happens Next
Dealing with the situation of being charged anywhere in the world is a painstaking task, but grasping the legal process can assist you in managing this difficult situation. In Alberta, the criminal justice system is governed by a combination of federal laws and provincial regulations. This writing will guide you through the steps that follow when you are charged with a crime in Alberta, including your rights, the legal process, and potential outcomes.
Governing Laws
  • Criminal Code of Canada 
  • Youth Criminal Justice Act (YCJA) 
  • Criminal Records Act 
  • Victims of Crime Act 
  • Legal Aid Act 
  • Alberta’s Provincial Legislation and Regulations 
  • Alberta Rules of Court 
  • Family Law Act and Domestic Violence Legislation  
  • Charter of Rights and Freedoms 
  • Canadian Charter of Rights and Freedoms 
Initial Charge and Arrest
  • The Arrest
If you are arrested, it means the police officials have grounds to believe you have been involved in a crime. In Alberta, like elsewhere in Canada, police must follow specific procedures during an arrest. According to the Criminal Code of Canada (RSC 1970, c. C-34), you have the right to be informed of the reason for your arrest and to be provided with a copy of the charge against you (Section 10).
  • Detention and Bail
Following an arrest, you might be held until a bail hearing, where it will be for the judge to decide if you can be released before your trial. According to the Criminal Code, bail is typically granted unless there are substantial reasons to believe you might flee or pose a risk to the public (Section 515). The court takes into account factors such as the nature of the offence for which you are charged, your criminal record, and your connections to the community.
First Appearance in Court
  • Appearance

Your initial court appearance usually occurs within 24 hours of your arrest. At this “arraignment,” you will be formally charged and have the chance to enter a plea. The court will also determine bail conditions if you haven’t been released already. 

  • Legal Representation
It is crucial to seek legal representation. In Alberta, you can hire a private lawyer or apply for legal aid if you cannot afford one. The Legal Aid Alberta website offers resources and guidance for those in need of legal assistance.
The Legal Process
  • Pre-Trial Procedures
Before the trial, there may be several pre-trial motions, such as challenges to evidence or arguments regarding legal procedures. The Criminal Code allows both the defence and the prosecution to file these motions to ensure a fair trial (Sections 657-668).
  • Disclosure
The Crown (prosecution) is required to provide disclosure of all evidence that will be used against you. This includes witness statements, forensic evidence, and any other relevant material. The defence is also entitled to disclose evidence that may be used in your favor.
  • Plea Bargaining

Often, the defence and the prosecution may negotiate a plea deal. This arrangement lets you plead guilty to a lesser charge than what court has originally charged you for. In return for this, you may get a reduced sentence. The details of this agreement are worked out between your attorney and the prosecution. 

The Trial
  • Trial Procedure
If your case proceeds to trial, a judge alone or a judge and jury will hear it, depending on the type of offence. The trial includes multiple things such as the presentation of evidence, witness testimony, and legal arguments from both parties.
  • Verdict

Once the officials and prosecution present the evidence, the judge or jury will render a verdict. If the court reaches a conviction, the judge will decide on the sentence according to the guidelines set forth in the Criminal Code and applicable case law. 

Sentencing and Appeals
  • Sentencing
If you court finds you guilty, your sentence may involve fines, probation, community service, or imprisonment, based on the seriousness of the crime. In Alberta, the principles in the Criminal Code determine sentences, which seek to balance deterrence, rehabilitation, and punishment.
  • Appeals
If you think a legal mistake occurred during your trial, you can appeal the conviction or sentence. In Alberta, the Alberta Court of Appeal reviews the appeals, examining the decisions and procedures of the trial court.
  • Your Rights Throughout the Process

It’s vital to remember your rights during each stage of the criminal process. These include:

  • Right to Silence
It is not obligatory for you to incriminate yourself and have the right to remain silent during questioning (Section 7 of the Canadian Charter of Rights and Freedoms).
  • Right to Legal Counsel
You are entitled to seek advice from an attorney and to have legal representation throughout every phase of the criminal proceedings, as Section 10(b) of the Charter allows.
  • Right to Fair Trial:

Additionally, you have the right to a fair trial including an impartial tribunal and the right to a public hearing (Section 11(d) of the Charter). 

Conclusion

Facing criminal charges in Alberta entails navigating a complex legal system designed to uphold justice. The process, from arrest through to the final verdict, underscores the importance of knowing your rights and understanding the legal procedures involved. To effectively manage this process, it is crucial to seek expert legal advice. Reviewing the Criminal Code of Canada and consulting with legal professionals can provide tailored guidance and support for your particular case.

Categories

blogs

Leave a Reply

Your email address will not be published. Required fields are marked *