Criminal Defence Lawyer Blog 

What Is First-Degree Murder in Canada? First-degree murder is the most serious classification of murder in Canada. It generally includes murder that is planned and deliberate, as well as specific categories of murder listed in the Criminal Code. Section 231 of the Criminal Code provides that murder is first-degree murder when it is planned and deliberate. It also identifies other situations where murder may be treated as first degree, even if the Crown does not rely only on

Yes, drug charges can be withdrawn in Calgary if the Crown prosecutor decides the case should not continue. This may happen when the evidence is weak, the Crown cannot prove an essential part of the offence, police breached the accused person’s Charter rights, disclosure raises problems, or an appropriate non-trial resolution is available. A withdrawn charge means the Crown stops prosecuting that charge. It is different from being acquitted after trial, receiving a discharg

What Is a Bail Review in Alberta Criminal Law? A bail review is a court process that allows an earlier bail decision to be reconsidered. In criminal law, bail is often called judicial interim release. It refers to whether an accused person will be released from custody while waiting for the case to move through court. A bail review may be needed when an accused person has been detained after a bail hearing. It may also be used when the accused was released, but the conditions

What Is Assault Causing Bodily Harm in Alberta? Assault causing bodily harm is a Criminal Code offence where the Crown alleges that a person committed an assault and caused an injury that interfered with the complainant’s health or comfort in a meaningful way. It is more serious than simple assault and may carry jail risk, strict release conditions, and a criminal record if convicted. Assault causing bodily harm is a criminal offence under section 267 of the Criminal Code of

Understanding Drug Arrests in Calgary Drug arrests in Calgary are typically handled under the Controlled Drugs and Substances Act (CDSA) . Police may arrest someone during a traffic stop, after executing a search warrant , or through an ongoing investigation. Common drug offences include: Possession of a controlled substance Possession for the purpose of trafficking Drug trafficking Production of drugs Importing or exporting substances The seriousness of the charge depends o

Key Takeaways A strong defence begins immediately after charges are laid Early review of Crown disclosure can reveal weaknesses Charter rights violations may lead to excluded evidence Expert witnesses often play a decisive role Defence strategies depend on intent, facts, and available proof Creating reasonable doubt is the central goal at trial Understanding Murder Charges in Calgary Under the Criminal Code of Canada , murder is divided into two main categories: first-de

Key Takeaways Emergency bail hearings typically occur within 24 hours of arrest The Crown may argue for detention based on legal grounds The court evaluates risk, safety, and public confidence A strong release plan is essential for success A Bail Hearing Lawyer can significantly improve your chances of release What Is an Emergency Bail Hearing in Calgary? An emergency bail hearing is a court proceeding that determines whether an accused person should be released from cus

Key Takeaways Bail conditions in sexual assault cases are often strict and tailored to protect the complainant Courts prioritize public safety and risk management when setting release terms Common conditions include no-contact orders, residency rules, and digital restrictions Violating bail conditions can lead to new criminal charges and detention A Sexual Assault Lawyer can challenge overly restrictive conditions and seek reasonable terms Understanding Bail in Sexual Assault

Key Takeaways A peace bond is a court order that can resolve assault charges without a criminal conviction . It usually includes strict conditions such as no contact and good behaviour. You do not admit guilt, but you must agree to comply with all terms. Breaching a peace bond can result in new criminal charges . An experienced Assault Lawyer can assess whether accepting a peace bond is the right strategy. What Is a Peace Bond in Canadian Criminal Law? A peace bond is a c

Understanding Who’s in the Courtroom A bail hearing in Calgary is typically conducted in the Alberta Court of Justice and involves several key participants. Understanding each person’s role helps clarify how decisions are made. Justice of the Peace or Judge Most bail hearings are presided over by a Justice of the Peace, although a provincial court judge may hear more complex matters. They decide whether the accused will be released and under what conditions. Crown Prosecutor

Challenging Unlawful Searches and Seizures a) Section 8 Charter Protections Section 8 of the Canadian Charter of Rights and Freedoms guarantees everyone the right to be secure against unreasonable search or seizure. This protection applies across Alberta and limits the state’s power to intrude on a person’s privacy. Police must generally obtain lawful authority typically in the form of a warrant before conducting a search. Even where a warrant exists, the search must be

Understanding Domestic Assault Charges in Alberta a) What Is Considered “Domestic” Assault? In Alberta, a matter is considered “domestic” when the alleged offence involves: · Intimate partners, including current or former spouses, common-law partners, dating partners, or individuals in a past romantic relationship · Family members, such as parents, children, siblings, or extended relatives living in the same household · Roommates or cohabitants, even if there is no romant

Understanding the Legal Framework for Bail in Alberta The “Three Grounds” for Detention Bail decisions are guided by section 515 of the Criminal Code, which outlines three grounds for detention. The primary ground addresses whether the accused will attend court as required. The secondary ground considers public safety, including the risk of committing further offences or interfering with witnesses. The tertiary ground focuses on maintaining confidence in the administratio

Assault Charges in Calgary, Alberta In Canadian criminal law, an assault occurs when someone intentionally applies or even threatens to apply force to another person without their consent. You don’t have to physically strike someone to be charged; a threatening gesture or attempt can be enough to qualify as an assault under the Criminal Code of Canada (s.265) . There are several types of assault, ranging from common assault to more serious charges involving weapons or

How the Law Works When property is seized through a warrant or during the execution of police duties, the police must file a document called a Form 5.2. A Form 5.2 is an official record of what property the police took from the individual. After the Form 5.2 is filed, a court will have the power to manage, return, and decide the overall outcome of property within the rules stated in Section 490 of the Criminal Code of Canada . Under Section 490, seized items are held in custo

Navigating the legal landscape can be daunting, especially when you find yourself in a situation where you need expert legal services. Understanding your rights is crucial, whether you are facing a legal dispute, considering a contract, or dealing with a personal injury. This blog post aims to clarify your rights and the role of legal services in protecting them. Understanding Your Rights Your rights are the foundation of your legal standing. They can vary significantly depen