by admin | Jul 30, 2020 | Best Criminal Lawyer, Best Lawyers in Edmonton, Blog, Criminal Defence Lawyer, Criminal Lawyers
According to the Canadian Charter of Rights of Freedoms if you are arrested you have a number of rights. The CCRF is in place to protect these rights.
Some of the most important rights are:
- The right to remain silent when questioned by the police.
- The right to be told why you have been arrested or detained.
- The right to be told that you can hire a lawyer.
- The right to be told about the availability of duty counsel and legal aid.
- The right to speak with a lawyer in private, as soon as possible.
The Right to Speak with a Lawyer
Upon arrest, you have the: “right to retain and instruct counsel without delay and to be informed of that right”.
Police must inform you that you can speak with a lawyer, but do they have other obligations to fulfill? The answer is YES!
What does Police Need to Do to Help You Speak to a Lawyer?
Different police forces go about this responsibility in different ways. Some will give you a phonebook, phone or possibly the internet to search for your lawyer. Others may contact the lawyer themselves then give you the opportunity to speak with your chosen lawyer.
If the police take on the responsibility of finding and contacting counsel for you, they must be as diligent and persistent as you would be. This means they use all means possible to find, contact, and connect you with your legal counsel. It is not enough for them to simply call and leave a message.
This includes actions like:
- Calling all possible contact numbers.
- Expressing urgency to secretaries or legal assistants.
- Giving you access to your cell phone if you have a contact number stored there.
- Reaching out to the family who may have contact information for your lawyer.
How Many Phone Calls Do You Get?
You may have seen in movies and TV shows that someone who is arrested gets one single call. If the lawyer doesn’t answer then it’s game over.
This is not the case in a real-life situation. Unless there are extenuating circumstances, the police officer must give you a “reasonable opportunity” to contact your lawyer. If after a reasonable amount of time the lawyer has not yet answered or returned the call you should be given the opportunity to speak to another lawyer or opt for duty counsel.
If you do decide you do not want to contact another lawyer, the police must inform you that you have the right to wait for a reasonable amount of time to hear back from your lawyer and the police can not interview you during that time.
What Obligations Do You Have If You Are Arrested?
Yes, You also have obligations when you have been arrested. You must be reasonably diligent in seeking counsel.
How Kolinsky Law can Help?
Kolinsky Law is a results-driven law firm with highly experienced Criminal Lawyers. They know that their responsibilities towards their clients begin with accessibility. After contacting them, your lawyer will help guide you through the process. They will work to get details about your arrest, brief you prior to questioning and take steps to get you the best possible results. If you are arrested, it can be overwhelming and scary but you can depend on the Criminal Lawyers at Kolinsky Law to be there every step of the way.
by admin | May 29, 2020 | Best Criminal Lawyer, Best Lawyers in Edmonton, Criminal Defence Lawyer, Criminal Lawyers, Drug Charges Lawyer
Drug charges are very serious. While many people believe that possessing a small amount of an illegal substance or recreational usage of illegal substances won’t do any harm, they are greatly mistaken. When someone is convicted of a criminal offence under the Controlled Drugs and Substances Act (CDSA), it can have significant consequences on their lives in many ways from social stigma, to travel and employment.
The most significant way their lives can be affected is not being able to obtain employment. Most, if not all jobs require background checks and require a clean record to be maintained. Therefore, a conviction such as drug trafficking will jeopardize their ability to get or maintain a job, and could destroy their careers. There may also be consequences for international travel. While drug trafficking offences should not affect domestic travel, every country has its own laws and eligibility criteria for entry.
Book Consultation
Which substances are listed in the CDSA?
The CDSA lists a variety of illegal substances including opium, heroin, cocaine morphine, Marijuana, methadone, “magic mushrooms” and more. These substances are completely banned in Canada. Possession of these substances in any amount is illegal.
Not all Drug Offenses are Considered Equal
There are different levels of drug-related offences under the CDSA. The courts generally distinguish between the levels based on their seriousness.
- Simple Possession
- Possession for the Purpose of Trafficking
- Trafficking
- Importing and Exporting
- Production
If convicted of one of the above offences, the sentence you receive will be determined based on several factors including:
- The offender’s prior record
- The offender’s level in the drug organization
- Number of transactions (sales)
- Whether the offense was planned in detail or out of impulse
- Quantity seized
- The type of drugs trafficked and whether it was one or more types.
It is important to note: sympathy from courts may be more likely given if the offender is supporting an addiction. Where the offender is not addicted, there may be less sympathy.
What is the Process When Charged with Drug Trafficking?
After being arrested and taken to the police station, the police will do one of two things. Either they will hold an offender in custody or release them. It is important that an experienced criminal lawyer is contacted at this point.
If the offender is released from the custody of the police, they will be given a notice as to when they must next appear in court. The trial will be scheduled for a future date.
What You Should Know About Crown Prosecutors who deal with drug offences
The Crown Attorney’s Office prosecutes almost all criminal offenses in Canada. However, drug-related offences are prosecuted by the Public Prosecution Service of Canada. This means that drug prosecutors are more knowledgeable and more specialized in prosecuting drug-related offences.
How to Beat Drug Charges
In order for the accused to be charged with a drug-related offence, the Crown must prove without a doubt:
- That the accused was actually in possession of the prohibited drug
- That they knew the drug they possessed was prohibited
- That they intended to possess the prohibited drug
- That the drug is actually prohibited under the CDSA
The best way to beat a drug trafficking charge is to hire a criminal lawyer at the earliest possible chance. Criminal lawyers are experts in their field and can help to get the best possible result for the accused.
How Can Kolinsky Law Help?
The criminal lawyers at Kolinsky Law are knowledgeable and will be able to help you navigate the process from arrest to trial. Being charged with a criminal offence is a life-changing event that you will not have to face alone. The goal of our practice is to help you avoid criminal convictions and avoid any result that will be detrimental to your life and your future.
by admin | Dec 24, 2019 | Best Criminal Lawyer, Blog, Criminal Defence Lawyer, Criminal Lawyers
Avoiding criminal activity is a priority for most people; however, whether or not someone has actually committed an offence, there is the possibility that they could face criminal charges. As such, people may not know exactly what process they will go through in being arrested and potentially charged for the crime. The following steps give a general guide to what happens when you are arrested for a criminal offense. There is also a quality handbook offered by Alberta Crown Prosecution Service. Without a doubt, hiring a criminal defence lawyer will be the best course of action in your case. Of course, every case is unique and will depend on its own facts.
Arrest and Bail Hearing
An arrest occurs when one of three circumstances is present: a police officer observes a crime in action, a police officer has reasonable and probable grounds to believe that someone has or is about to commit a crime, or a warrant has been issued by a judge or a magistrate which identifies the charge for someone to be taken into custody. In some circumstances, people who are going to be charged with an offence are asked to turn themselves into a police station.
The person who has been arrested or turned themselves in will have to complete certain procedural requirements such as attending for fingerprinting and photographing at the police department at a later date. They can sometimes be held in police custody until a hearing is held or while charges are decided; however, in certain circumstances, they may be released on bail (following a bail hearing or “judicial interim release”). A person has the right to contact legal counsel on arrest or detention and it is suggested that they do so immediately.
To be released on bail, it has to be shown that you are not a threat to public safety and that you will show up to your court appearances. In some circumstances, especially to maintain public confidence in the judicial system, people will continue to be held until their first appearance in court. If you are permitted to be released, the judge or justice of the peace may impose restrictions on you, including being supervised and/or paying a fine to the court for release. If you are let out on bail, you will be provided with a document (an appearance notice, promise to appear, summons, or recognizance) that will give you the information you need about appearing in court.
First Appearance, Election and Pleas
First Appearance
Once you have been charged for an offence, you will need to appear in court. If you have not already hired a lawyer, you will want to do that before your first appearance, so they have ample time to familiarize themselves with your case. Your lawyer can contact the prosecutor’s office to obtain the investigation file detailing the charges against you and what evidence is available before going to trial.
Your first appearance will always take place in a provincial court in front of a provincial court judge. You should arrive at the courtroom at least 15 minutes prior to your scheduled time, as specified on your document. If you have not been let out on bail, you will be brought to the court at the appropriate time by law enforcement. When the clerk calls your name, you will be expected to stand in front of the judge. Sometimes, at this point, the charges against you to
Election
You will then have to make an “election” – this means if your offence is indictable, you can have your trial either:
- Before a Provincial Court judge, or
- Before a Queen’s Court Bench Justice
Pleas
If you are not charged with an offence where you are expected to make an election, you do not have to plead guilty or not guilty at your first appearance – that is something best decided on the advice of your legal counsel who can assess the strength of the case against you. There may be room to bargain or a chance that you can avoid prosecution if the evidence is not very strong. Either way, an experienced and dedicated criminal defence lawyer will be able to guide you to get you the best possible outcomes for you under the circumstances. If you have not yet retained a lawyer, you may ask the judge to reserve your plea until you speak to one and then will be assigned another court date. If you plead not guilty, a trial will be scheduled.
Note: if you choose to plead guilty, the Crown prosecutor will read in the agreed-upon facts supporting the plea of guilty into the record. Always discuss with your lawyer, what facts will be read in when you plead guilty because, in order to plead guilty, you must agree that you committed all the necessary elements of the offence. You should not agree to have committed all essential elements of the offence without first having consulted a lawyer who can advise you about any potential defences that you may have. If you do not agree with the facts alleged against you, you have the right to a trial in which you may contest any facts alleged by the Crown and to advance any defences that may be available to you in law.
If you decide to plead guilty, the judge hearing your plea will hear submissions regarding the appropriate sentence. Sometimes the Crown and the defence agree on an appropriate sentence. Where they disagree they both explain their position to the judge, who makes the ultimate decision. Sometimes the matter is adjourned so that more information can be gathered that is relevant to sentencing such as a pre-sentence report, which details your personal circumstances and your amenability to supervision in the community. In some cases, more specialized reports are used that examines the mental health of the accused in order that the sentencing judge might fully appreciate his or her personal circumstances.
What is Alberta Crown Prosecution?
The Crown holds a lot of decision-making power. They are responsible for prosecuting all offences under the Criminal Code of Canada and other related acts or statues in the province of Alberta. They could also prosecute under a provincial statute if it is likely that a person will be convicted and it is in public interest. They are also responsible for first appearances in court for bail hearings, handling appeals, and developing law policy in the province as well.
It is the Crown that will decide the appropriate charges for an offence and who will present arguments for conviction and sentencing during trials, as well as prepare witnesses for court and examine or cross-examine witnesses.
The actions and decisions of the Crown Prosecution are governed by several important pieces of legislation, including:
Going to Trial
You or your counsel will receive notice for when your trial is set, including the time and location of the trial. If you have been released on bail, you should arrive at least 15 minutes prior to the trial time with your criminal defence lawyer who will inform the Crown prosecutor of your arrival. Prior to the trial, your lawyer can request full “disclosure” from the prosecutor’s office in order to prepare your defence. This refers to any documents, data, evidence, reports or witness statements the Crown will have accumulated pertaining to your case. You can request disclosure and represent yourself, but a criminal defence lawyer will have much more experience and knowledge to assist you during this time.
Don’t forget: you are innocent until proven guilty beyond reasonable doubt. And it is the Crown which is responsible for proving your guilt. They will present evidence during the trial and examine witnesses they bring, or they will cross-examine witnesses your defence brings to trial. While the details of actual court proceedings are too numerous to put here, essentially both the Crown prosecutor and your defence lawyer present evidence and witnesses. Then the judge will ask for final arguments by your legal counsel and the Crown for your guilt or your innocence. The judge or jury will then decide whether or not you are guilty. If you are found guilty, you will be sentenced for the crime – something which often takes place on another date. Your counsel will also have the opportunity to present evidence and arguments regarding what type of sentence you should receive before sentencing takes place. If you are found not guilty, you are free to go.
Hiring a Criminal Defence Lawyer
Hiring an experienced criminal defence lawyer from Kolinsky Law as early as possible after your arrest will help ensure you and your rights are supported every step of the process from “booking” to trial. We aim to get you the best possible results given the particular details of your case. This could mean actually getting you justice without even setting foot in court, or it could mean having the tenacity to present a convincing enough case to maintain your freedom, argue for alternative sentencing, negotiate pre-trial settlements where possible or provide access to their vast network of experienced and experts to do everything to help your case. Leaving your freedom and future up to chance is not a risk you should take – Kolinsky Law is ready to represent you and build the best defence for you today.
