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Criminal Defense law in Edmonton encompasses the legal protections offered to individuals who have been accused of committing a crime. It operates under the Criminal Code of Canada, which is a federal statute. Lawyers in this field are responsible for protecting the constitutional rights of the defendant during the course of police investigation, trial, and sentencing. They also examine evidence, case precedents, legal interpretation and the prevailing criminal laws to mount a robust defense for their clients.
There are several situations where you may need a criminal defense lawyer. If you have been arrested or charged with a crime, a lawyer can provide legal advice, represent you in court, and handle negotiations with the prosecution. If you're undergoing police questioning or investigation, a lawyer can ensure your rights aren't violated. Even for minor charges, having a lawyer can make a significant difference in the outcome as they can effectively navigate the complex legal system and may be able to get charges reduced or dismissed.
The key aspects of local laws relevant to criminal defense in Edmonton derive from the Criminal Code of Canada. This code covers a wide range of offences and their penalties, including but not limited to: property crimes, violent crimes, drug offences, traffic offences, and white-collar crimes. Also, the Charter of Rights and Freedoms plays a significant role in criminal defense, especially relating to the rights of the accused, such as the right to be presumed innocent until proven guilty, and the right to a fair and speedy trial.
It is crucial that you exercise your right to remain silent and seek immediate legal assistance. Do not provide any statements to the police until you have consulted with a lawyer to prevent self-incrimination.
A criminal defense lawyer's main job is to protect your rights and ensure you receive a fair trial. They do this by challenging the prosecution's evidence, arguing law points, negotiating pleas, and representing you during the trial.
Plea bargaining refers to negotiation between the defense and prosecution, where the defendant agrees to plead guilty to a lesser offence or to one of several charges in exchange for concessions from the prosecutor.
Outcomes can range from dismissal of charges, acquittal, plea bargain, or a conviction followed by a sentence which could involve a fine, probation, community service, or incarceration.
The Charter of Rights and Freedoms protects individual rights such as the right to be presumed innocent until proven guilty, the right to not be subjected to unreasonable search and seizure, the right to legal counsel, and the right to a fair and speedy trial. This can greatly impact a criminal case.
The Law Society of Alberta, Alberta Courts websites, and the Canadian Legal Information Institute are good places to start researching more about criminal law. It's also beneficial to familiarize oneself with the local community legal clinics and the legal Aid Alberta as they offer free or low-cost legal advice.
If you find yourself needing legal assistance, promptly find a lawyer specialized in criminal defense. Create a list of potential lawyers, schedule consultations, and choose a lawyer that you feel comfortable working with. Gather all the necessary documentation relevant to your case and prepare a list of questions to discuss during the initial meeting. Most importantly, be honest with your lawyer about the circumstances surrounding your case, as this will help them shape the best defence for you.
