Calgary Criminal Lawyers

Calgary criminal lawyers are the men and women of Calgary’s legal community who defend people in the event of criminal prosecutions in Calgary, Alberta. Calgary criminal lawyers are essential players in the justice system. Sometimes criminal "lawyers" are referred to as criminal "attorneys" although this is generally considered more of a USA expression. 

A criminal conviction can result in all sorts of negative consequences to the accused person including a cash fine, a drivers license suspension (in the case of impaired driving offences), forfeiture of property, a jail or prison term as well as a permanent criminal record. Probation orders can contain any number of conditions. Parole as well. Criminal proceedings and in particular a criminal conviction can change your life forever. The best Calgary criminal lawyer is the one that is the one that is helping you deal with the system.

Criminal lawyers appear in court as trial lawyers but they also deal with all the other issues that accompany a criminal offence – such as arrest, detention, bail, release, arraignment, the conducting of a preliminary inquiry if there is one, speaking to sentence in the event of a finding of guilt (or a guilty plea) as well as sentencing and in many cases the later issues of release, probation and parole.

Criminal offences are generally those found in the Criminal Code of Canada. The criminal code was brought in as law in Canada in the late 1800’s and continues with many changes to this day. The Criminal Code is “Canada wide” and generally applies from coast to coast. There are more than 850 sections to the Criminal Code and as well there are numerous schedules and forms and a large number of regulations. It is all very complicated.

You can view an online copy of the criminal code through the federal Justice Department website.

Criminal offences in Canada can be summary conviction offences or indictable offences or they can be both. “Misdemeanor” and “felony” are really American terms. Some of the more common criminal offences in Canada are:

• Possession of drugs,
• Trafficking in drugs,
• Conspiracy to traffic in drugs,
• Money laundering,
• Obstructing justice,
• Failing to appear,
• Assaulting a police officer,
• Firearms, guns and other weapons offences,
• Dangerous operation of a motor vehicle,
• Impaired driving (sometimes known as “DUI”, "DWI" or “Driving under the influence”),
• Driving over .08,
• Refusing to blow,
• Hit and run,
• Criminal negligence,
• Criminal negligence causing harm,
• Criminal negligence causing death,
• Assault,
• Assault causing bodily harm,
• Assault with a weapon,
• Theft “under”,
• Theft “over”,
• Robbery,
• Armed Robbery,
• Breaking and entering,
• Fraud,
• Forgery,
• Mischief,
• Arson.

There are of course many more offences such as murder (more properly called homicide) and treason and terrorism offences, but these are some of the more common.

It is the drug charges, especially involving drug trafficking cocaine and especially if these involve money laundering and forfeiture of property charges that are especially difficult from the criminal lawyer’s point of view.  The profit to be made from trafficking cocaine persists.  Even simple possession of cocaine is a very serious matter and again especially if there are money laundering and forfeiture of property charges involved.  These can lead to long periods of incarceration and other very serious consequences.  Drug trafficking and especially cocaine trafficking are among the most serious drug charges that an Calgary criminal lawyer has to defend. 

The same with conspiracy to import drugs or conspiracy to traffic charges.  The conspiracy charges are especially difficult from the criminal lawyer’s perspective because of the length of time that those matters frequently occupy.  The preliminary inquiries and the trials can last for weeks on end or even months on end.

Drugs are technically not covered by the Criminal Code.  They used to be in the drug sections of the Narcotics Control Act however now they are covered by the “Controlled Drugs and Substances Act”.  Drug laws are Federal Laws.  

With the impaired driving, DUI, DWI, driving over .08 and the refusing to blow charges the law is constantly evolving and the Calgary criminal lawyer must always be cognizant of the changing landscape.  Most defenses to these impaired driving charges are “technical” defenses which require a good and up to date working knowledge of the impaired laws.

Once charged an accused in Calgary may or may not elect or have an election to have a trial in Provincial Court or in the Court of Queen’s bench and as well may or may not elect or have an election to have a preliminary inquiry. It depends on whether an offence is a summary offence or an indictable offence and in many cases, in which manner the Crown Prosecutor has decided to proceed. The same is true for whether or not the accused is entitled to have a jury trial. Your Calgary criminal lawyer will be able to assist you in making these elections.

While the bulk of criminal offences are contained in the Criminal Code there are many other offences that are criminal in nature but which exist outside of the criminal code in other legislation. Some examples of such other legislation include:

• Controlled Drugs and Substances Act,
• Extradition Act,
• Young Offenders Act,
• Income Tax Act.

While most criminal offences are federal crimes, there are some provincial offences which are referred to as criminal or quasi-criminal in nature. Your Calgary criminal lawyers will be able to assist you with these as well. Provincial legislation that might give rise to these offences could include:

• Alberta Personal Income Tax Act,
• Animal Protection Act,
• Business Corporations Act,
• Child Care Licensing Act,
• Companies Act,
• Dangerous Goods Transportation and Handling Act,
• Employment Standards Code,
• Environmental Protection and Enhancement Act,
• Factors Act,
• Fisheries Act,
• Forests Act,
• Franchises Act,
• Fraudulent Preferences Act,
• Gaming and Liquor Act,
• Traffic Safety Act,
• Insurance Act,
• Legal Profession Act,
• Maintenance Enforcement Act,
• Matrimonial Property Act,
• Personal Property Security Act,
• Provincial Court Act,
• Residential Tenancies Act,
• Traffic Safety Act,
• Wildlife Act. Y

You can view copies of these provincial laws at the official provincial “Queen’s Printer” website. You can be sure that we have access to all of these laws at our Calgary law firm office.

If you are looking for a legal aid lawyer in Calgary, or legal aid coverage of your Calgary lawyer, you need to request whatever lawyer it is that you want right on the Legal Aid application. The Legal Aid Society has altered their procedures somewhat. You need to request your lawyer right on your Legal Aid application. When you apply for Legal Aid, put right on the form who you would like to be your lawyer. That is your best chance for Legal Aid to grant a "certificate" to cover the lawyer that you want. If you don't know who you want to be your lawyer for your case in Calgary, you can still apply to Legal Aid and they will help you find a lawyer according to how they work.

Calgary criminal lawyers must be registered and in good standing with the Law Society of Alberta.

Many criminal defence lawyers in Calgary also belong to the Criminal Justice subsection of the Alberta branch of the Canadian Bar Association.

It is important, in considering your Calgary criminal lawyers that you select one that is practical, experienced and knowledgeable of exactly how things work in Calgary and has your best interests at heart. They should have an office in Calgary which is staffed full time and have been there for some years.