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Oct 20 2025

Charged with Domestic Violence in Calgary? What You Need to Know Before Speaking to Police

Facing charges of domestic violence in Calgary is not a situation you would normally want to be in. It can result in you getting stressed, confused, or even overwhelmed. The first steps that you take are crucial to how the case will turn out. So be smart yet also careful with it.

When Police Respond to a Domestic Violence Call

Police will investigate an area where they received a call about domestic violence. They will then ask the two people involved for their statements. And if any witnesses are present they will also be questioned. Afterwards, local authorities will check on physical evidence to confirm the situation.

After the investigation, if the police can confirm an offence has occurred, they will put charges down. Even if the other person does not want to press for it. Only the Crown prosecutor has the decision to continue or withdraw the charges, not the complainant.

Not many people are aware of that. Seek legal support for further assistance.

Your Right to Remain Silent

You have the right not to give your statement to the police, should you not want to. Whatever you say can be used as evidence in court. Even if you think it helps your side of the story. You have to be wary of what you say to the authorities because you risk being misunderstood or taken out of context.

You have the right to request to speak with a lawyer before answering the questions. That is your right, and it exists to protect you. A domestic violence lawyer in Calgary will help explain your situation to you and counsel you on what to say that would not hurt your defence.

If You Are Released on Conditions

If you are charged, you may be released with specific conditions. These can include:

  • No contact (direct or indirect) with the complainant
  • Staying away from their home, work, or school
  • Restrictions on alcohol or drug use
  • Attending court on specific dates

To avoid complications, be sure to follow these conditions as they were exactly written. Even unintentionally breaching these conditions could lead to additional criminal charges. Seek advice from your legal counsel on what is and isn’t allowed on conditional releases.

How the Crown Prosecutor Handles Domestic Violence Cases

The Crown takes domestic violence cases seriously in Alberta. Prosecutors will review all the collected evidence by the police to decide on how the case will move forward. The decision lies in the percentage of the likelihood of conviction and whether the public interest is high enough to proceed with the case.

This does not apply to every situation. There will be instances where disagreements or false allegations can alter the reflection of what had occurred. A lawyer will be present to review the disclosed material and identify possible defences.

Why You Should Speak With a Lawyer Early

Early legal advice can make a significant difference. A lawyer can help you:

  • Counsel you on each stage of the process
  • Avoid making statements that could be used against you
  • Review the evidence and identify any weaknesses in the Crown’s case
  • Probe for suitable resolutions, such as peace bonds or counselling programs

How Muenz Criminal Law Can Help

At Muenz Criminal Law, we speak on your behalf and thoroughly review the charges to come up with the best outcome that suits your interests. We take our clients seriously as they face domestic violence charges in Calgary.

Once the local authorities have served you with your case, don’t sit around with it. Reach out to us for legal advice.

Speak With a Domestic Violence Lawyer in Calgary

It is normal not to be fully aware of the implications of receiving these charges. Contact Muenz Criminal Law today to speak with an experienced domestic violence lawyer in Calgary. We take the situation seriously, reviewing all possible outcomes that best suit your interests.

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Sep 22 2025

Do You Need a Lawyer for a First Offence?

Receiving a charge due to an offence can be overwhelming especially if it is your first time. You should not take this lightly as even minor charges will mark a lasting record on your life. Affecting your career prospects and reputation. People often wonder if this is necessary since it is just the first offence. But precaution is vital. At Muenz Law, we take legal matters seriously. If you are in Calgary and seek guidance, look no further. A defence lawyer Calgary residents can depend on in their crucial hour of need. 

Why Legal Advice Matters

Having a first offence in your record can have legal repercussions. You could be facing fines, probation, or even as worse as a criminal record. A conviction can also impact any professional license you have, as well as insurance and travel opportunities.

A defence lawyer in Calgary is the expert you need to review your case and see how it upholds in the legal process. That way, they can help you to make an informed decision. Acquiring their services will help you to reduce saying things that can potentially worsen the outcome of the case.

What a Defence Lawyer Can Do

Hiring a defence lawyer is not just for repeat offenders or serious charges. A lawyer can provide support in several important ways:

  • Understanding the Charges: A lawyer will explain what the charges mean, what the potential penalties are, and what the court process will look like.
  • Protecting Your Rights: From the moment you are charged, a lawyer ensures that your rights are respected. This includes reviewing how evidence was collected and how police procedures were followed.
  • Exploring Options: Some first offences may be resolved without a court trial. A lawyer can help negotiate alternatives such as diversion programs or reduced charges when appropriate.
  • Preparing Your Case: If your case goes to court, your lawyer will help gather evidence, interview witnesses, and present your side effectively.

Common Misconceptions

Some people may think that a first offence is not to be taken seriously and does not need any sort of legal assistance. While you might be tempted to shrug it off or even handle it alone, it could become overwhelming to you, especially if you are not aware of the legal process. Even the smallest error in paperwork could affect the result.

One other thing people associate hiring a lawyer with is serious crimes. However, any kind of crime-related activity deserves to be reviewed by a lawyer. Especially if you would not want to incur a criminal record or pay a penalty. Having a licensed and qualified defence lawyer Calgary residents can rely on would be helpful.

When You Might Consider Legal Support

You might want to consult a lawyer if your first offence involves:

  • Driving-related charges such as impaired driving or speeding violations with serious consequences.
  • Theft, fraud, or property damage charges.
  • Assault or other offences with potential jail time.
  • Situations where police or prosecutors have contacted you directly.

No matter if the offence is treated as minor, having a defence lawyer will help to explain the best steps to take and advise you on the long-term effects of the case.

How to Work with a Defence Lawyer

There are steps throughout the process as you hire a defence lawyer. First of all, they will start by consulting your side of the situation. They will ask you critical questions to fully comprehend what happened, and allow you to explain your choices, which led to the first offence. Afterwards, once your lawyer is able to grasp the entire picture, they will ponder a strategy on how to bring it up before the court for negotiations.

Now is not the time to hide any details away from your lawyer. You should be candid with them so they won’t be caught off guard by any surprises.

Moving Forward

If you are dealing with a first offence, contact Muenz Law today to discuss your case. Legal support early in the process can provide clarity and peace of mind as you move forward.

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Aug 19 2025

Theft vs. Burglary: What a Calgary Burglary Defence Lawyer Wants You to Know

Facing a criminal charge without the basic understanding of your case will not be a walk in the park. If you are not aware of the difference between theft and burglary, it can become more of a challenge. Despite the two often being mixed up with each other, they are not the same according to the law. So, it is still important to understand their distinctions as they also determine the kind of legal process and penalties you will be facing.

At Muenz Criminal Law in Calgary, we defend individuals facing a wide range of property-related charges. With decades of experience in Alberta’s criminal courts, we work closely with clients to ensure they understand the charges and their legal options.

Theft: The Unlawful Taking of Property

Theft is the act of taking an item or goods that does not belong to you, with the full intent of keeping it from the rightful owner permanently. Under the Criminal Code of Canada, theft is defined in terms of property, fraud, and ill-intention. The value of what was stolen plays a determining factor if the charge can be considered as theft, with more serious penalties for higher-value items.

Examples of theft include:

  • Shoplifting

  • Stealing a wallet or phone

  • Taking items from a workplace

The legal outcome varies despite initial theft charges seeming to be simple. There are prior convictions and the circumstances of the alleged incident to be taken into consideration before the Crown decides on how to proceed.

Burglary: More Than Just Theft

While "burglary" is not a term commonly used in the Canadian Criminal Code, it is often used informally to refer to break and enter offences. In Calgary and across Alberta, break and enter is a distinct offence that involves unlawfully entering a space with the intent to commit another offence. The type of offence varies but it could be theft, or even more veer into a more dangerous kind such as assault or mischief.

In simpler terms, burglary (or break and enter) means someone entered a property be it a residence or business, or other structures that are not their own without permission, usually by force or deception. However, what sets it apart from a simple trespass is the intent to commit another crime once inside the establishment.

Break and enter charges are taken very seriously in Calgary courts, especially when they involve private dwellings. The legal consequences can be significant, even if nothing was stolen.

Why This Distinction Matters

From a defence and legal standpoint, being able to grasp the full or exact nature of the charge can contribute significantly to how a legal strategy is built. A defence lawyer in Calgary will carefully examine how the evidence was gathered by the police such as reviewing documentation, financial records, or any photos and videos available. Along with those, your defence lawyer will also be making sure your rights are respected, and giving you possible outcomes of your case. These are key factors in building a strong and effective defence.

For example:

  • If you are charged with break and enter, your lawyer may challenge the evidence of intent.

  • If you are charged with theft, your lawyer may explore whether there was actual ownership or permission involved.

Since every case is unique, each approach will vary and depend on which bet fits the situation.

Get Legal Advice Early

Cases like theft and burglary may seem simple but are in fact complicated to deal with. The consequences of being convicted of a crime can have a long lasting impact on your personal records, your reputation, and future career opportunities. This is why we do not advise you to deal with it alone. And you won’t have to.

Rick Muenz is a Calgary defence lawyer who handles property-related offences, including breaking and entering, theft, and fraud.  At Muenz Criminal Law, we focus exclusively on criminal law and provide you with clear, honest legal advice every step of the way.

Contact Muenz Criminal Law today to schedule a confidential consultation. Early advice can make a real difference in how your case unfolds.

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Jul 20 2025

How Calgary Pardon Lawyers Can Help You Move Forward After a Conviction

Having a criminal record can follow you long after the sentence is over. Whether it was a one-time mistake or part of a difficult chapter in your life, that record can make things like applying for jobs, traveling, or even renting an apartment more difficult.

For many people, applying for a record suspension is one way to start moving forward. If you're in Calgary and considering your options after a conviction, here's how a pardon lawyer may be able to help.

What Is a Record Suspension?

A record suspension, which used to be called a pardon, is a process through the Parole Board of Canada that allows eligible individuals to have their criminal record set aside in the national database. It doesn't erase the conviction, but it does separate the record from active criminal databases.

This can make it easier to pass criminal record checks for jobs, volunteering, or housing applications. It’s important to know that a record suspension doesn’t guarantee you’ll be allowed to enter other countries and doesn’t apply to all offences. For example, certain sexual offences involving minors aren’t eligible.

Why You Might Consider Working with a Lawyer

Applying for a record suspension involves gathering detailed documents, meeting eligibility requirements, and following a strict process. If you’re not sure whether you qualify, when you can apply, or how to collect the right paperwork, a lawyer can help you make sense of it.

At Muenz Law, we help people through this process by:

  • Reviewing eligibility based on when your sentence was completed
  • Helping you collect police, court, and fingerprint records
  • Making sure everything is accurate and complete before submission
  • Answering your questions about what the record suspension might mean for work, travel, or housing

We’ve worked with clients throughout Calgary and Alberta and understand how important it is to handle these matters carefully and respectfully.

When Can You Apply?

In most cases, you can apply for a record suspension after a waiting period has passed since completing your sentence. This includes any fines, probation, or restitution orders.

  • For summary offences, the waiting period is 5 years

  • For indictable offences, the waiting period is 10 years

During that time, you must avoid further convictions and demonstrate good conduct. Each situation is different, so it’s worth reviewing your case with someone who understands the process.

How a Record Suspension Can Help

While a record suspension doesn’t erase the past, it can make a meaningful difference. If you've stayed out of trouble and are working to rebuild your life, getting your record set aside can help reduce the impact of past mistakes. It may open more doors when it comes to employment, volunteering, or even just feeling like you're not being constantly defined by a criminal record.

We’ve worked with people who felt stuck because of a conviction from years ago, unsure if they had any options. In many of those cases, a record suspension gave them a clearer path forward.

Ready to Talk?

If you’re thinking about applying for a record suspension and don’t know where to start, speaking with a lawyer can make things feel more manageable.

Rick Muenz has been practicing criminal law in Calgary for more than 30 years and offers straightforward guidance on what to expect and how to move through the process.

Reach out to Muenz Law today to book a consultation or ask about your eligibility. We’re here to help you take the next step with confidence.

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Jun 29 2025

Refusing a Breathalyzer Test? Calgary Impaired Driving Lawyers Explain the Risks

Being pulled over is stressful. If an officer asks you to take a breathalyzer test, your instinct might be to say no. You may think you’re protecting yourself, especially if you had something to drink. But in Canada, refusing a breath test often creates more problems than it solves.

At Muenz Law, we help people charged with refusal and impaired driving in Calgary and across Alberta. Here’s what you should know if you’re thinking about refusing—or already have.

Is It Legal to Refuse a Breath Test?

Technically, no. If a police officer makes a lawful demand for a breath sample—either at the roadside or at the station—you are required to comply. Refusing without a valid legal reason is a criminal offence in Canada.

Many people are surprised to learn that the penalties for refusing a breathalyzer are the same as for impaired driving. These penalties include:

  • A $2,000 fine (or more in some cases)
  • A mandatory one-year driving ban
  • A criminal record
  • Jail time if this isn’t your first offence

Refusing the test won’t help you avoid charges. It may even make things worse.

Why Refusing Doesn’t Help You

Some drivers think that without a breath sample, there won’t be enough evidence for a conviction. But that’s not how the law works.

When you refuse a test, prosecutors don’t need to prove you were drunk. They just need to show you didn’t follow a lawful demand. Courts treat this very seriously. They often assume the refusal was an attempt to hide something.

In many cases, it’s easier to fight an impaired charge with test results than to defend a refusal.

Are There Any Legal Reasons to Refuse?

There are a few, but they’re rare. If you have a medical issue that makes it hard to blow into the machine, or if the equipment isn’t working, that might be a defence. But you’ll need strong proof, and you’ll need a lawyer who knows how to argue your case.

At Muenz Law, we look closely at the details. Was the demand made properly? Were your rights explained? Did the officer follow the correct procedure? These questions can make a big difference in how your case turns out.

What to Do If You’ve Been Charged

If you’ve already refused a breath test and been charged, don’t panic—but don’t wait, either. These charges move fast, and the consequences are serious.

Your first step should be to talk to a lawyer. At Muenz Law, we’ve defended many people in your position. We take the time to explain your options and guide you through every step.

Why People Call Muenz Law

People come to us because they want someone who understands how Alberta courts work. They want a lawyer who doesn’t judge them—but knows how to help them move forward.

Here’s what sets us apart:

  • Clear, honest advice
  • Strong courtroom experience
  • Personal attention to your case
  • A focus on getting you results, not just processing paperwork

We believe everyone deserves a fair defence—no matter what the charge is.

Talk to a Calgary Impaired Driving Lawyer Today

If you’re facing charges for refusing a breath test, you don’t have to handle it alone. Get advice you can trust and a legal team that knows how to fight for you.

Call Muenz Law today for a consultation at 403-543-6666. We’ll help you understand your rights and build the strongest defence possible.

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