FAQs Archive - Page 11 of 12 - Muenz Criminal Law

Q: How Do I Avoid A Criminal Record?

The most obvious way to avoid a criminal record is to not commit any criminal offences. Sometimes, we are simply not aware that our actions carry criminal consequences. If you are unsure whether your conduct constitutes a criminal offence, consult a lawyer. We are ethically and morally obliged to inform you whether your conduct or planned actions is against the law. Of course, if you are reading this, you may already be facing criminal charges. That does not mean you will be convicted or that a conviction will result in a criminal record. Even if you are guilty of the criminal offence, there are sentences that do not involve a criminal record and there are extra-judicial measures that may also be appropriate in your case.

Q: I Am Innocent. How Long Do I Wait For My Trial?

In law, being innocent is determined by applying the law to the facts. The facts are determined at trial. If you believe that you are innocent, you should consult with a criminal defence lawyer about what facts may be proven at trial and whether the law is on your side. Just because you believe you are innocent does not mean that you will be found not guilty at trial. We recommend that you hire a lawyer to make sure that your trial goes to plan and you are found not guilty of any criminal wrongdoing. The length of time it takes for a trial to take place after you are charged is highly dependent on a number of factors, such as how complicated your trial is, how serious the charges are, how many witness have to testify, and so forth. Typically, trials do not occur until more than a year after the charges are laid.

Q: I Am Charged With A Criminal Offence. What Happens Next?

After you are charged with a criminal offence and released from police custody, you will be expected to attend court. You may also have to attend the Calgary police headquarters for identification purposes, which will include having your fingerprints taken. If you do not attend court or get your fingerprints taken when required, then a warrant will be issued for your arrest and new criminal charges will follow. On your first court appearance, you will not be able to argue the case in front of a judge. Instead, you will be directed to speak with duty counsel about what comes next in the criminal case against you. ‘Duty counsel’ refers to the lawyer provided by Legal Aid Alberta to help self-representing individuals at court. The duty counsel lawyer can speak to the judge for you but is not intended to take the role of your lawyer. Of course, if you have already hired a lawyer, then you may not have to attend court at all. At the first court appearance, the criminal case against you will be pushed back a few weeks, to give you time to hire a lawyer and/or attain disclosure from the Crown prosecution services.

Q: Can I Be Sued Civilly?

A criminal case is between you and Canada. If there is a named victim, he or she generally does not receive any damages during a criminal proceeding. Regardless if you were found guilty or non- guilty, you may be sued for civil damages afterwards by a person or business. For example, if you broke someone's jaw during an altercation, you can be found guilty of an assault charge in criminal court and be sued for civil damages related to medical costs or lost wages to the victim in civil court. However should you choose to plead guilty in a criminal trial this may affect a civil proceeding.