Criminal Law
Frequently Asked Questions
We have significant experience helping in criminal law matters
This page answers common questions people have when they are charged with a criminal offence in Alberta. These answers explain basic concepts and your rights, but every case is different. If you need help, speak with a lawyer.
This page covers common questions people have after being charged with a criminal offence in Alberta. The information here is general, and every case is unique.
Important:
If you have been charged or police want to speak with you, do not answer questions or give a statement without a lawyer present. This page is general information only.
What does it mean to be charged with a crime?
A criminal charge means a person is officially accused of breaking the Criminal Code of Canada. This starts a legal process where the Crown must prove the charge in court. Charges can be minor, like some theft or traffic offences, or more serious, such as assault or impaired driving. Being charged does not mean you are guilty.
I’ve been charged. What should I do first?
First, try to stay calm. Next, focus on these steps:
- Do not speak to police about the charge.
- Do not try to explain or defend yourself.
- Follow all release conditions exactly.
- Speak with a criminal defence lawyer as soon as possible.
What you say at the start can affect your case later. Getting advice early can help you avoid serious mistakes.
The police want to talk to me. Should I speak with them?
No — not without a lawyer present.
You have the right to remain silent. You do not have to answer questions, give a statement, or explain what happened.
In Canada, you have a legal right to remain silent, which means you do not have to answer police questions or explain what happened. Choosing silence cannot be used as proof you did something wrong.
Police are trained to collect evidence. They do not have to protect you or help your case.
It is usually best to:
- Politely say you will not answer questions
- Ask to speak with a lawyer
- Say nothing else about the situation
This applies even if police say:
- “We just want your side of the story”
- “This will go easier if you cooperate”
- “We already know what happened”
Can police search me, my car, or my home?
Police usually need a warrant to search your home. However, in some cases like safety concerns or during an arrest, they can search without one. You do not have to agree to a search unless police show you a valid warrant.
What if the person charged is under 18?
Young people (under 18) are generally dealt with under the Youth Criminal Justice Act, which has different rules. This can affect things like how the court handles the case and how records are treated
Do I have time to find a lawyer before I need one?
It’s best to reach out to a lawyer as soon as you can. A lawyer can help protect your rights, assist with bail, and guide you so you don’t do or say anything that might harm your case, even before your first court date.
Can police lie or mislead me during questioning?
Yes. In Canada, police are allowed to use some deception during investigations.
This can include:
- Saying they have evidence they do not have
- Saying someone else has already blamed you
- Suggesting things will go better if you talk
- Acting sympathetic or friendly
These tactics are used to get you to talk. That’s why lawyers strongly advise not speaking to police without a lawyer present.
What if the police seem friendly or supportive?
Police may seem calm, helpful, or understanding. That does not mean they are on your side.
Even casual comments, emotional statements, or trying to “clear things up” can be used as evidence later.
It’s safest not to say anything about the situation until you have talked to a lawyer.
If I stay silent, will that make me look guilty?
No. In Canada, staying silent is your legal right. It cannot be used as proof of guilt.
Asking for a lawyer and choosing not to speak is normal and protected by law.
Can police pressure me into giving a statement?
Police may apply pressure by:
- Repeating questions
- Suggesting silence will make things worse
- Saying cooperation is your only chance
- Continuing to question you when you are tired or upset
You are allowed to:
- Say you do not want to answer questions
- Ask for a lawyer
- End the conversation
You don’t have to explain why.
What is entrapment?
Entrapment is a legal concept where police go too far in causing someone to commit a crime that they would not otherwise have committed.
In Canada, entrapment is not a criminal charge, but it can be raised as a defence in certain situations.
Entrapment may be an issue if police:
- Pressure, encourage, or persuade someone to commit a crime
- Offer repeated opportunities to commit a crime without proper grounds
- Create a crime instead of investigating existing criminal activity
Not every police sting or undercover operation counts as entrapment. The details matter.
Can undercover police trick people into committing crimes?
Undercover police can pretend to be regular people, but there are limits.
Problems can arise if police:
- Push someone to commit a crime they did not plan to commit
- Keep pressuring someone after they refuse
- Target someone without proper legal grounds
Whether entrapment applies depends on what happened during the interaction, not just the outcome.
How can I avoid problems related to entrapment?
The safest approach is straightforward:
- Do not agree to illegal activity, even if encouraged
- Do not explain yourself or try to justify actions
- Do not continue conversations about criminal activity
- Do not speak to police without a lawyer
If you feel pressured or unsure, stop the conversation and get legal advice.
If I think entrapment may apply, what should I do?
Don’t bring up entrapment on your own or talk about it with police.
Entrapment is a legal argument that must be assessed carefully. A lawyer can review:
- How police approached you
- What was said or offered
- Whether police crossed legal limits
Only a court can decide whether entrapment applies.
What about texts, calls, or online messages?
Anything you say or write can be used as evidence.
This includes:
- Text messages
- Social media messages
- Online chats
- Phone calls (which may be recorded)
Don’t talk about the situation with anyone except your lawyer.
Do I have to go to my court date?
Yes. Missing court can lead to a warrant for your arrest and more charges.
Your court date is usually on your paperwork. If you’re not sure, get legal advice right away.
What is bail in Alberta?
Bail is the decision about whether someone can be released while their case is ongoing, and what conditions apply.
A Justice of the Peace often makes bail decisions, especially early in the process.
What are release conditions, and why are they important?
Release conditions are rules you must follow if you are released, such as:
- No contact with certain people
- Curfews
- Not going to certain places
- Not using alcohol or drugs
Breaking your conditions can lead to new charges, even if your original case is still in court.
What is disclosure?
Disclosure is the information the Crown has about the case, such as police reports, witness statements, and videos.
The Crown must provide relevant information. A lawyer can review it and explain what it means.
What happens at the first court appearance?
The first appearance is usually short and just covers procedures. It is not a trial.
It is often used to:
- Confirm the charge
- Deal with disclosure
- Set the next court date
Should I plead guilty right away to get it over with?
Not until you understand:
- The evidence against you
- Your legal options
- The long-term effects of a conviction
Making quick decisions can lead to long-term problems.
How long does a criminal case take?
Some cases are resolved quickly. Others can take months.
What matters most is that you:
- Attend court
- Follow conditions
- Get legal advice early
Can criminal charges affect my job, travel, or family?
Yes. Conditions and convictions can affect your work, travel, and family life.
If this is important in your situation, bring it up early with your lawyer.
My friend or family member has been charged. How can I help?
You can help by:
- Encouraging them not to speak to police
- Helping track court dates
- Supporting them in following conditions
- Helping with bail planning if needed
Criminal charges can be stressful for families. We understand.
Speak with a Lethbridge Criminal Defence Lawyer
If you or someone close to you is facing criminal charges, contact LETOURNEAU LLP or fill out our online Criminal Law Intake Form
to discuss next steps. A lawyer can help you understand your choices and next steps.
Do not speak to police about the charge without a lawyer present.
Getting advice early can protect your rights and help you avoid serious mistakes.
This information is general and does not constitute legal advice. If you have specific questions about your situation, speak with a criminal defence lawyer.