Criminal Defence Lawyer Blog 

How an Alberta Murder Case Reaches a Jury Trial First-Degree and Second-Degree Murder In Canada, murder can be categorized into two main categories, namely first-degree murder and second-degree murder. First degree murder usually includes cases of murder that were premeditated. Some murder cases can fall under the category of first degree murder based on the surrounding facts regardless of whether the prosecution bases its arguments on the element of premeditation. Second-deg

What Are Charter Rights in a Murder Investigation? Charter rights are legal protections found in the Canadian Charter of Rights and Freedoms. They limit how police, prosecutors, and courts may treat a person during a criminal investigation or prosecution. In a murder investigation, Charter rights can become important long before trial. They may apply when police first approach a person, ask questions, detain them, arrest them, search a home, seize a phone, or collect physic

What Is the Sentencing Range for Sexual Assault in Calgary? The sentencing range for sexual assault in Calgary can vary widely. Depending on the circumstances, a sentence may range from probation or another non-custodial outcome in limited cases to jail or penitentiary time in more serious cases. Under section 271 of the Criminal Code, sexual assault is a hybrid offence. This means the Crown prosecutor may proceed by summary conviction or by indictment. That decision affects

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Yes, drug charges can be withdrawn in Calgary if the Crown prosecutor decides the case should not continue.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 A withdrawn charge means the Crown stops prosecuting that charge.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