Legal Resources for Calgary Criminal Matters
Understanding the criminal justice system before you are inside it changes everything. These resources are provided by our Calgary criminal defence team to help you make informed decisions.
Know Your Rights. Know Your Options.
The criminal justice system moves on its own timeline and it does not pause to explain itself to the people caught inside it. These resources exist to change that. Whether you are trying to understand what happens at a first appearance, whether you qualify for a pardon, or whether duty counsel can help you today, the information below gives you somewhere to start.
These resources do not replace legal advice. For your specific situation, call us at (587) 355-8889. The consultation is free, confidential, and carries no obligation.
Canadian Pardons and Record Suspensions
A criminal record does not have to define your future. A Record Suspension removes your conviction from active Canadian criminal databases so it no longer appears in standard background checks. Our Calgary criminal defence lawyers can guide you through every step.
LEARN ABOUT PARDONS AND RECORD SUSPENSIONSFree Legal Aid in Alberta
If you cannot afford a private lawyer, you are not without options. Legal Aid Alberta, duty counsel, and Calgary Legal Guidance all provide free or low-cost legal assistance to Albertans who qualify. Here is exactly what is available and how to access it.
LEARN ABOUT FREE LEGAL AID IN ALBERTAAdult Alternative Measures Program
A criminal record is not inevitable. For eligible first-time and minor offences, the Alberta Alternative Measures Program allows charges to be withdrawn entirely with no criminal conviction recorded. Our Calgary criminal defence lawyers have helped thousands of clients complete the program successfully.
LEARN ABOUT THE ALTERNATIVE MEASURES PROGRAMLegal Resource Links
A curated collection of external legal resources relevant to criminal matters in Alberta. Covers counselling and addiction services, driving-related legal information, your rights during search, seizure, arrest, and detention under the Canadian Charter of Rights and Freedoms, and information on criminal record checks and the pardon process.
BROWSE LEGAL RESOURCE LINKSWhat You Are Entitled to Under Canadian Law
Section 10 of the Canadian Charter of Rights and Freedoms gives every person who is arrested or detained specific rights. Understanding these rights before you ever need them is the single most useful piece of legal knowledge you can have.
The Right to Know Why You Are Being Detained
When police arrest or detain you, they must tell you promptly why. You are entitled to that explanation before anything else happens.
The Right to Retain and Instruct Counsel
You have the right to speak to a lawyer without delay when you are arrested or detained. Exercise this right immediately and clearly. Say the words: “I want to speak to a lawyer before I say anything.”
The Right to Remain Silent
You are not required to answer questions from police. The right to remain silent means exactly that. Politely decline to answer questions until you have spoken to a lawyer.
The Right Against Unreasonable Search and Seizure
Police cannot search you, your vehicle, or your home without lawful authority. A search conducted without proper grounds is a Charter violation that can result in evidence being excluded.
A Charter violation during your arrest or investigation can change the outcome of your case. Call us to discuss what happened.
CALL (587) 355-8889What Happens After You Are Charged in Calgary
Most people charged with a criminal offence have never been through the process before. This is a simplified overview of what to expect.
- 01
Arrest and Detention
Police arrest you and you are either released at the scene with conditions or held for a bail hearing. If held, a bail hearing must occur within 24 hours.
- 02
First Court Appearance
You appear before a justice to confirm you have retained counsel and to set the next court date. You do not enter a plea at this stage.
- 03
Crown Disclosure
The Crown must provide your defence team with all evidence in their possession. This package, called disclosure, is where most defences are built.
- 04
Pre-Trial Applications
Where Charter issues or evidentiary disputes exist, pre-trial applications are brought before the judge. These applications can result in evidence being excluded and charges being stayed.
- 05
Trial or Resolution
The matter proceeds to trial or is resolved through a negotiated plea or withdrawal of charges. Most matters resolve before trial.
- 06
Sentencing
If a finding of guilt results, the sentencing hearing determines the appropriate penalty. Defence submissions at this stage significantly affect the outcome.
This is a simplified overview. Every case is different and what happens in yours depends on the specific charges and evidence.
Talk to a Calgary criminal defence lawyer about your specific situation.
Answers to Questions We Hear Every Day
What is the Canadian Police Information Centre and how does it affect me?+
The Canadian Police Information Centre, known as CPIC, is a national database that law enforcement agencies across Canada use to access criminal records, outstanding warrants, and other law enforcement information. When an employer, a border officer, or a licensing body runs a criminal record check on you, the results typically come from CPIC. A Record Suspension, once granted, causes your record to be kept separate from active CPIC records so that standard searches do not reveal it.
What is duty counsel and how do I access them?+
Duty counsel are lawyers available at Calgary courthouses to provide free legal assistance to unrepresented accused persons at their first court appearance. If you cannot afford a lawyer and have not yet retained one, go directly to the courthouse where your matter is being heard and ask to speak to duty counsel before your matter is called. Duty counsel prioritize people who are in custody and those appearing for the first time.
How long do I have to wait before applying for a pardon in Canada?+
The waiting period before you can apply for a Record Suspension in Canada depends on the nature of your conviction. For summary conviction offences the waiting period is five years from the completion of your sentence. For indictable offences the waiting period is ten years. The sentence includes any period of probation, fine payment, or conditional sentence, not just jail time.
What is the difference between a stay of proceedings and a withdrawal of charges?+
A withdrawal means the Crown has decided not to proceed with the charge and it is removed from the record. A stay of proceedings means the Crown has suspended the prosecution. A stay can be lifted and the matter resumed within one year for summary matters and three years for indictable matters. In practice, most stays eventually become permanent. Both are preferable to a conviction and both result in no criminal record.
What does it mean if my charge was proceeded with summarily versus by indictment?+
Many Criminal Code offences are hybrid offences, meaning the Crown can choose to proceed either summarily, which is the less serious path with lower maximum sentences and a judge-only trial, or by indictment, which is the more serious path with higher maximum sentences and the possibility of a jury trial. The Crown's election affects the maximum sentence available, the limitation period, and the type of trial. Your defence strategy accounts for which path the Crown has chosen.
Still Have Questions?
Our Calgary criminal defence lawyers answer questions every day from people who are scared, confused, and trying to make sense of a system that was not designed to be user-friendly. Call us. The consultation is free and there is no obligation to retain us.
Free consultation. Strictly confidential. Available 24 hours a day.