Common Mistakes People Make After a Criminal Charge and How a Lawyer Can Help
It’s overwhelming when being charged with a criminal offence in Alberta. You might be tempted to make rushed decisions following the arrest, but these may impact your case before it reaches court.
Statements to the police, social media posts, or breaches of release conditions can all complicate your release strategy.
Working with a criminal defence lawyer in Calgary can help protect your rights and limit potential mistakes. A skilled Calgary criminal lawyer can guide individuals through the court proceedings, police interactions, and bail conditions tied to criminal charges in Alberta.
Fatal Flaw: Speaking to the Police Without Counsel
The most common post-arrest mistake is attempting to explain the situation to the police. People often think cooperating or “telling their side” will result in dropped charges. But police interviews are intended to gather evidence for prosecution.
Under the Canadian Charter of Rights and Freedoms, you have the right to speak with counsel upon arrest. The best police interrogation advice is to use your right to remain silent.
Before answering police questioning, seek legal representation from Calgary lawyers, who may advise you on what information to share with investigators.
Modern Pitfalls: Social Media, Contacting Complainants, and Bail Conditions
Being online may create additional post-arrest risks. Common mistakes include:
- Posting about the incident
- Sending messages about the case
- Attempting to publicly explain the situation
Social media posts may become evidence in court, even when deleted.
You should also avoid contacting complainants, witnesses or alleged victims. Even a kind message may result in allegations of witness interference or obstruction of justice.
If release conditions prevent communication or visiting certain locations, breaching these conditions may result in:
- Re-arrest
- Additional criminal charges
- Stricter bail conditions
If you’re facing criminal charges in Alberta, you should carefully review your release terms with your lawyer.
How a Calgary Criminal Lawyer Directs the Narrative
Early legal counsel may affect how a case develops. A criminal defence lawyer in Calgary can act as an intermediary between the accused, police, and Crown prosecutors. This reduces the risk of self-incriminating statements.
A lawyer may also assist with preserving evidence, including surveillance footage, digital records, and witness statements.
A Calgary criminal lawyer can also help you navigate bail hearings and applications to amend restrictive release conditions in accordance with the Alberta Court of Justice criminal court procedures.
FAQs
Can police use a statement made before speaking to a lawyer?
Yes. If police properly inform you of your rights, voluntary statements may be used as evidence in court. Remain silent until you consult a lawyer.
What should I do if a witness or complainant contacts me first?
Don’t respond. Save the communication and send it to your legal representation.
Can I discuss my criminal case with friends or family?
It is highly discouraged. Conversations with friends or family are not protected by solicitor-client privilege.
What happens if I accidentally breach bail conditions?
You could face additional criminal charges for failing to comply with release conditions. Contact your lawyer immediately.
When should I hire a criminal defence lawyer in Calgary?
Seek legal counsel as soon as possible after being charged. Early legal advice may help protect your rights during police investigations.
Consult With A Criminal Lawyer Before It’s Too Late
A criminal allegation requires a legally informed approach. Emotional reactions and decisions may damage your defence before you set foot in court.
Secure your defence before an avoidable mistake damages your case. Call Muenz Law at 403-543-6666 or schedule a consultation to discuss your situation with an experienced criminal defence lawyer today.