Everyone is entitled to have a lawyer represent them. If you do not want to hire one, lawyers known as “Duty Counsel” are available in Court on a daily basis to assist individuals who do not have a lawyer. Duty counsel can help adjourn your matters or do simple guilty pleas and speak to sentencing. They do not typically conduct trials and do not handle Indictable trials.
Each lawyer is different. For criminal matters, our firm applies a block fee, which means based on the complexity of the case, the method of trial and the Crown Prosecutor’s estimate for the amount of time needed, we charge one single fee. We do not bill in criminal matters by the hour, per phone call or per appearance.
The fee we quote you will be the final amount. You will not receive a further bill once your matter is concluded.
In most cases, we can have the matter brought into Court and get it cleared up or vacated, then schedule a new Court date if you miss your first Court appearance date. If you are informed you have a warrant and have not missed a Court date, we will co-ordinate with the Crown and Police, there fastest and easily way to turn yourself in to the Police as well as represent you at the bail hearing and speaking to your release.
Disclosure is all the information the Crown Prosecutor and Police have that prove the charges in your case. You are entitled to full and complete disclosure of all the evidence. You can get this by requesting it from the Crown Prosecutor’s Office.
Your lawyer will also request your full disclosure.
Jail is the last resort for any sentencing Judge with certain exceptions. The Judge is required to explore all options for sentence before you are sent to jail. There are many alternatives we can explore for you.
The Judge may impose certain conditions on your bail or release that specifically prohibits you from leaving the Province you were charged in (often known as “jurisdiction”).
As well, the Judge may impose other conditions like curfew or reporting to a Probation Officer which can make travel more difficult. In most cases, we can change these conditions allowing you more freedom.
There are also immigration considerations such as travelling with charges outstanding. Travel to the United States for example, may subject you to scrutiny by Homeland Security, United States Border Officers, who have access to your outstanding charges. This may be a problem if the offences are ones that deem you ineligible for entry (usually offences of moral turpitude, sexual offences, drug offences, weapons or serious violence offences). If you attempt to cross the United States or Canadian border without pre-clearance by the United States Government even if you are found not guilty, your charges may affect future travel. We encourage anyone with Immigration questions to contact an Immigration lawyer for advice.
This is an official document that pardons or removes a prior conviction. Information concerning this is available from the Government of Canada website
In Canada, the Police cannot randomly search you or your property except in certain circumstances. Each case is unique; however, everyone has certain rights under the Canadian Charter of Rights and Freedoms protecting them from an unlawful search.
Yes. Unless the property is specifically forfeited by a Judge. Any unlawfully owned property must be returned to the lawful owner. Calgary Police Property Unit holds all property seized and you can contact them at 403-428-3500 to inquire further.