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In Edmonton, Canada, Criminal Litigation is governed by the Criminal Code of Canada, which is applicable nation-wide. Offences like assaults, theft, fraud, murder, drug trafficking, impaired driving fall under the purview of this sector. The prosecution in criminal cases is usually conducted by the Crown's Attorneys from the Provincial Crown Attorney’s Office, but private citizens can also launch prosecutions in certain limited situations. Defense is often argued by lawyers specializing in criminal law.
There can be several reasons to engage a criminal lawyer. If you have been charged with a crime, you'll need a lawyer who can defend your rights and navigate the intricacies of criminal procedure. Even during the investigation phase, having a lawyer can prove beneficial to protect your rights and ensure all procedures are properly followed. Additionally, in situations where you seem to be a likely recipient of a serious verdict, you can rely on a lawyer's negotiation skills for plea bargains and better outcomes.
The key point to understand about criminal law in Edmonton is that it's enforced under federal law, not provincial. This means that regardless of the province, the rules and penalties are the same for the same offenses. However, sentencing guidelines vary from province to province and Edmonton courts take account of a list of factors like the offender's history, severity of crime, harm caused, etc. Sentencing may also include probation, fines, community services apart from imprisonment.
Upon arrest or detention, you have the right to know the reason for your arrest, right to counsel and the right to keep silent. The police must allow you to speak with a lawyer promptly after you've requested it.
Anyone charged with an offence has the right to a trial without unreasonable delay. The maximum permissible delay is 18 months for cases in the Provincial Court and 30 months in superior courts.
If your income is low and the nature of the lawsuit is serious, you may be eligible for legal aid which provides free or low-cost legal services.
Yes, individuals can appeal a conviction if there are legitimate grounds to argue that the trial was handled inappropriately or the law was not correctly applied.
For a first offence, the penalties include a fine of $1,000, 12 months driving prohibition and up to five years imprisonment for more serious offences involving bodily harm or death.
The Edmonton Police Service and Edmonton Law Courts provide resources and information online for understanding judicial procedures and criminal law. The Law Society of Alberta can provide resources on finding a lawyer and legal aid services.
If you or a loved one requires legal assistance in criminal litigation, begin by searching for a criminal law firm or lawyer specializing in the type of criminal charge implicated. Consult multiple lawyers to find the one you feel most comfortable with as their role is vital in defending your case. If you can't afford a private counsel, seek assistance from Legal Aid Alberta.
