Alberta Criminal Lawyers are listed under the following cities:
Calgary, Alberta Criminal Lawyers:
Bourdon Criminal Defence
1210, 633 - 6 Avenue SW
Calgary, Alberta
T2P 2Y5
Phone: 403-457-4415
Edmonton, Alberta Criminal Lawyers:
Jomha Law Office
#640, 10150 – 100 Street
Edmonton, Alberta
T5J 0P6
Phone: 780-429-9090
Fax: 780-409-8639
24 HR. bail: 780-952-2226
Red Deer, Alberta Criminal Lawyers:
Sproule MacNaughton
#101, 4706 - 48 Avenue
Red Deer, Alberta T4N 6J4
Phone: 1-403-340-1600
Fax: 1-403-346-3014
Criminal Law
Criminal law is concerned with acts or omissions deemed illegal by legislature. Criminal law offences range from crimes such as murder, assault, robbery and theft to driving with a blood alcohol level over the legal limit.
In Canada, criminal law is enacted by the Federal Parliament. Criminal procedure in Canada is concerned with:
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criminal proceedings in the criminal courts:
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conduct within the courtroom,
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competency of witnesses,
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oaths
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affirmations,
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presentation of evidence.
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pleading,
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evidence, and practice,
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rules in the Criminal Code which deal with police powers,
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right to counsel,
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search warrants,
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interim release, and
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witnesses, etc.
Types of Offences
Offences are set out in the The Canadian Criminal Code
and are divided into two broad types: "summary" and "indictable". Summary offences tend to be less serious ones, indictable more serious.
Procedure if an an offence is Alleged
Complaint is Sworn
The police swear a complaint and present it to a judge. If the judge feels the person should be made to come and answer the accusation that has been made the judge will issue either a summons, or a warrant for arrest.
Summons
A summons is usually delivered personally by a police officer. It sets out what the charge is, and when the person must appear in court to answer the charge. If the offence charged is one that can be proceeded with by indictment, the person may also be told to go to the police station for finger-printing. Failure to show up for finger-printing can lead to a warrant for arrest being issued.
Arrest
An arrest can be made by the police under the following circumstances:
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if they find someone committing an indictable offence;
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if they see someone apparently fleeing from lawful pursuit after committing a crime;
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if they believe someone is about to commit an indictable offence;
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if they believe there is a warrant out on the person;
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If they have a warrant for the arrest of a person.
Conduct of Police after the Arrest
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The police have the right to search someone being arrested. The main justifications for this are to check for weapons, and for evidence of the alleged offence;
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Police can't arrest someone on mere suspicion, or just to help with an investigation;
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It is proper for the police to question anyone, and even to ask the person to voluntarily accompany them, to the police station;
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The person arrested must be told the reason for the arrest;
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If the offence is an indictable one , the police can fingerprint and photograph the person;
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The person must be told about his or her right to talk to a lawyer;
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If the person wishes to speak with a lawyer, the police must make a telephone available;
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Questioning should cease until there has been a reasonable opportunity for the person to get legal advice.
Conduct of Arrested Person
An arrested person is not obliged to answer questions put to him or her by the police. This is a right of the person and no blame or suspicion will be placed on the person for exercising this right.
The best action the arrested person can take is to get advice from a lawyer as soon as possible, and before talking to the police.
Lawyers may recommend making a limited statement in some circumstances:
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someone who is a juvenile may want to let the police know this as soon as possible; and
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giving basic personal I.D. information (name, address, occupation, and so on).
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