calgary defence blog
A Defence lawyer's perspective on issues in criminal law
Criminal Defence Law in Calgary: Part 3
Tagged Criminal Defence BlogJune 25, 2015
An alleged criminal act has occurred, and a criminal complaint has been made or a charge has been filed following an investigation. Your Calgary criminal defence case is already underway even though you might just have learned there are charges against you; what do you do next? After introducing the most basic beginnings of any criminal defence case in Calgary in Parts 1 and 2 of this article series, here in Part 3 we'll see what happens when your defence case really takes off.
Call a Calgary Defence Lawyer As Soon As Possible
The circumstances surrounding every criminal charge in Calgary are unique, and there are some very different beginnings to criminal defence cases as a result. You might be arrested by Calgary Police at the site of an alleged criminal act, with a full investigation into your charges still pending; you might be arrested following a criminal investigation you didn't know was underway; you might not be arrested at all, but simply informed that criminal charges have been laid against you and that an arrest is a real future potential occurrence.
No matter how you learn about the criminal charges currently or soon-to-be pending against you in the Calgary courts—whether it's at the moment of your arrest or sometime before—calling a Calgary defence lawyer as soon as possible is typically your best course of action.
This advice isn't just something criminal defence lawyers in Calgary say, either. It's so important that it's actually enshrined in the highest body of law in the nation.
Section 10 of the Canadian Charter of Rights and Freedoms reads:
10. Everyone has the right on arrest or detention
- (a) to be informed promptly of the reasons therefor;
- (b) to retain and instruct counsel without delay and to be informed of that right; and
- (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Whenever you are arrested or detained by Calgary Police or any other law enforcement agency in Canada, they have to tell you why you're being arrested, and they have to tell you about your right to contact a lawyer, then they have to let you contact one.
After you identify yourself, you don't have to answer any questions until you speak to a Calgary defence lawyer—and you shouldn't.
A Defence Lawyer Can Help More When They Help Sooner
The earlier in your case you call a Calgary criminal defence lawyer, the more strategies your lawyer will be able to identify and help you pursue, and the sooner you can take the full burden of your charges off your shoulders. For a free consultation with an experienced Calgary defence lawyer, contact the offices of David Chow today.
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