WHAT TO EXPECT WHEN YOU ARE ARRESTED
When being arrested, it's important to understand your rights and the criminal law process. When being placed under arrest a Police Officer should inform you of the reason you are being detained or arrested, your right to contact a lawyer, and your right to remain silent.
Exercising your right to remain silent is extremely important, anything you say during your arrest can be used against you at trial. You should contact a lawyer right away to understand how to maintain your rights.
When you are being arrested a Police Officer has the right to search you, but she/he does not have the right to search your vehicle, home or any other place that you may have a personal interest in without a warrant (except if they see something illegal in plain view or have a reasonable basis to fear for their safety in a weapons complaint). It is important that you be cooperative with the requests of a police officer, but you should keep a mental note of what happened in order to explain that to a lawyer.
Remember, most police officers in Calgary will be wearing "Body Worn Cameras" ("BWC") that record your interaction with the Police. There is also a camera in the police car and police station recording you. That means that one day a Prosecutor, a Judge or a Judge and Jury may be watching what you said or did in that moment. Be respectful and call a lawyer as soon as possible to understand your rights.
If you are held at a police station or the Calgary Police Arrest Processing Unit ("APU") the Police will not release any information to a lawyer or any member of the public that you are being held there. If you can, let a friend or family member know you've been arrested to help you in contacting a criminal defence lawyer.
A criminal defence lawyer will be able to contact the Calgary Bail Unit to get details of your arrest. When you are given the opportunity to call a lawyer that phone call is private and should not be recorded by the police. Other calls that you make, may be recorded by the police - anything you say on your non-lawyer calls, could be introduced into evidence against you at trial.
If you are calling a family member or friend about getting help to find a lawyer, or telling your mom or dad where you are, it is best to keep the details to a minimum, like what you have been charged with and when you are next expected in Court. This remains true at the Calgary Remand Centre if you held there, all calls that you make will be recorded. In serious cases your friends or family members phones could be recorded pursuant to Wiretap Authorizations that you will only learn about after the fact, and could be recording you and them while your charges are still in Court. Talk to an experienced lawyer to know your rights and to navigate the system.
When a person is arrested, the process typically involves being taken into custody—meaning the police physically detain or arrest you—and being informed of your rights under the Canadian Charter of Rights and Freedoms (Constitution Act, 1982). If you are arrested, whether with or without a warrant the police can arrest and release you on your own undertaking and give you a date to appear in court or you can be held in custody until your initial court appearance before a Justice of the Peace or a Judge of the Alberta Court of Justice.
In serious criminal cases, an accused may be held in pre-trial custody and will have the right to apply for bail, also known as a Judicial Interim Release Hearing or Show Cause hearing —all three terms refer to the same process.
You will have the opportunity to contact a lawyer or speak with Duty Counsel (a government-appointed lawyer who provides legal advice). However, you are entitled to speak with a lawyer of your choice, if you can reach them.
Unlike what you see in American TV shows, you are not limited to just one phone call. If you choose to contact me, I will be the one answering the phone and speaking with you directly.
A Criminal Defence Lawyer can negotiate your release with the Crown or set a Bail Hearing before a Justice to argue for your release. While you may be inclined to run your own bail hearing to get out, that is often not a good idea.
It is important that you consult a lawyer if the Crown says they are opposed to your release or seeking your detention in custody. A lawyer can present a strong argument to help secure your release.
I understand that being accused of a crime is a stressful and emotional experience, and I will support you every step of the way.
I have handled some of the most serious and complex cases from both the prosecution and defense perspectives. I spent over a decade as a Crown Prosecutor in Alberta, specializing in organized crime, murder, and other high-stakes charges.
My role as a prosecutor involved advising police on complex investigations, drafting search warrants, serving as a Wiretap Agent, and prosecuting multiple murder cases. Now, as a defense lawyer, I use my in-depth understanding of both sides of the justice system to build the strongest possible defense for my clients. When you work with me, you work directly with an experienced lawyer who knows how to navigate the system and protect your rights. My experience in both prosecution and criminal defence allows me to identify the strengths and weaknesses of any case.
I finished my career as a Prosecutor working in the Specialized Prosecution Branch of Alberta Justice in the Organized Crime Unit. The Alberta Crown Prosecution Service employs over 300 Prosecutors and approximately 15 of those work in the Organized Crime Unit in Calgary and Edmonton. They hire only the best. I had the privilege to work with some of the best Prosecutors and Defence Counsel, and I gained tremendous experience in my time there.
It is helpful to understand all sides of the Justice system - what the Police can and can't do, or what they did right and what they did wrong; what the Prosecutor can and can't do - this means understanding the law that informs your charges and the rules of evidence in trial.
It's not like an instructional video where you can look up how to fix your sink on YouTube, lawyers learn by doing. Like an experienced boxer who knows the art of boxing, an experienced lawyer can bring that experience to your defence. Knowing when to make an objection at trial - whether you can make an objection or not, or whether you should in the circumstances, all require experience. Every step of your defence, benefits from experience.
You have to run lots of trials to understand the rules of evidence, the only way to hone that skill is through courtroom experience, like an experienced boxer, I have spent over 21 years in courtrooms fighting for my clients.
I understand that every case is unique, and I will work with you to develop a customized legal strategy that fits your specific needs.
Contact me today for a free consultation to discuss your case and learn more about how we can help you. Your rights are protected from the moment of your arrest, call me to better understand your situation and let my 21 years of criminal law experience assist you.
I am available 24/7 upon arrest to answer your questions and provide you with the support you need during this difficult time. I am otherwise available during the day from 8:00 a.m. to 8:00 p.m.
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