Your top choice as a criminal defence lawyer, Edmonton has an experienced legal team with a successful track record.
Haryett & Co. is proud to have an extensive history working on numerous criminal law cases throughout the years. We have successfully defended many of our clients and have a proven track record, especially in the area of impaired driving charges. When choosing a criminal lawyer it is essential to work with criminal law firms who have proven track records such as Haryett & Co.
We helped defend individuals on a range of cases from theft under, drug possession, driving under the influence (DUI), to sexual assault. When faced with criminal charges, the stakes couldn’t be higher, and the impact on your life can be considerable. Haryett & Co. specializes in criminal law and has extensive experience to help in your legal defence.
As area criminal lawyers, Edmonton provides us complete access to the entire justice system to assist in your legal defence.
If you have been accused of a criminal charge in the Province of Alberta or Province of Saskatchewan, your case will go through the process of the provincial judicial system and conclude with either dismissal of charges, result in a conviction secured through a trial or having plead guilty.
Without a capable criminal defense attorney, important details may be overlooked or you may not receive the expertise that could assist your case. Should you be convicted, felony criminal charges may result in a considerable sentence - from years to life in prison. Misdemeanour charges can also result in jail time or other punishment. Jail terms can be devastating, with the potential loss of personal freedoms, income, friends and reduced contact with family members. In other case, you may need to submit to the terms of the Court, resulting in extended periods of supervisions, serious fines, restitution, rehabilitation, community service or other programs deemed suitable. The experience of criminal convictions can result in lasting and permanent effects. With a criminal record, it can impact ones’ ability to get sufficient or meaningful employment, make obtaining housing difficult, impact education and, in some cases, restrict some public freedoms.
What you need to do when charged with a criminal offence
The first thing you should do is connect with a reputable and experience criminal defence lawyer. Haryett & Co has successfully defended many of its clients since 1994. Our defense lawyers have the reputation for legal service and will take the time to understand your case and fight to represent your legal rights.
Understanding Criminal Offences
If you are prosecuted by the Crown under a public-law statute such as the Controlled Drugs and Substances Act or the Criminal Code you will likely require legal representation. In a criminal case, a crime is considered to be an offence against society as a whole. The person who is being charged with a criminal offence is referred to as the accused. Under Canadian law, the accused is always presumed innocent until proven guilty.
The main types of criminal offences are:
Summary conviction offences which are typically minor cases such as a causing a disturbance. In these situations, the accused will appear before a provincial court judge in a trial that typically will be carried out immediately
Indictable offences which are serious cases and may include theft, assault, or manslaughter. In such case, an accused will have one of three choices in which a judge alone will hear the case in provincial court, have a judge and jury hear the case in a superior court, and lastly, have a judge alone hear the case in superior court. In some cases, there may be a preliminary hearing prior to a trial, in which the judge will examine the case to review if enough evidence exists to proceed with a trial. If the judge decides that there is not enough evidence, the case is dismissed. In all other situations, the judge will order a full trial.
What are your rights during an arrest?
It is important to know that an accused person is entitled to specific rights and police must follow specific procedures. The accused will be first read their rights and the police must specifically tell the person that they have a right to consult a lawyer without delay, and secondly, they must explain the reason for the arrest along with any specific charge(s).
What are your rights should you be placed in custody?
When an individual is taken into custody they are placed in a holding cell typically at a detention centre. They will have the right to appear before a justice of the peace or judge as soon as possible. At this point, a judge will decide on pre-trial release or bail. If bail is decided on, a prosecutor must show why the individual should remain in custody. If the judge decides that the accused individual should be released, this may occur with or without conditions of release.
A person accused of a crime has a right under the Canadian Charter to stand trial within a “reasonable time”. While the Charter does not further elaborate, courts have provided guidance and a judge will take into factor several considerations including reason for delay, length of the delay, whether the accused has agreed to a delayed trial date and whether a delay has affected the ability of the accused to put forward a fair defence.
What to expect during a criminal trial
The results of a criminal trial are serious, and may result in the accused losing both their liberty as well as living with the ramifications of a criminal conviction. As such, both Canadian common law and the Charter protect the rights of the accused. You may be familiar with some of these, such as the requirement that the accused most be proven guilty beyond a reasonable doubt. Additionally, the accused cannot be forced by the prosecution to provide evidence, and as a final example, if evidence is obtained that happens to violate the accused’s Charter rights, the judge may refuse to admit this evidence.
There are numerous aspects to the Charter and understanding your rights. In choosing from one of the criminal law firms, Edmonton has many that can provide you a defence - but few are as experienced as Haryett & Co.
Criminal Case decisions and appeal
Should an accused not be found guilty they are acquitted and free to go on their way. In the case when the accused is found guilty of a crime:
a judge will make a decision based on the seriousness of the crime;
refer to the sentences possible as defined in the Criminal Code and related statutes;
consider if prevention or deterrence is required of the offender and others from committing similar crimes;
weigh denouncing the harm to the victim(s) and the illegal conduct; and lastly
consider the prospects for rehabilitation.
A combination of penalties and/or sentences may be imposed including imprisonment, fines, restitution, probation, and community services.
Should an accused person be convicted and sentenced to more than 2-years, they will be sent to a federal penitentiary. Otherwise, the offender will be remanded in a provincial prison.
Lastly, a judge has the power to not convict, even if an accused is found or pleaded guilty. In certain cases, a judge may administer the offender an absolute or conditional discharge (in which case the offender will not receive a criminal record).
Appealing a court decision
There are provisions in which to appear a court’s decision and it is within an individuals legal right to do so, and acts as an essential safeguard in our legal framework.
Aggressive Edmonton Criminal Defense Lawyer, Edmonton location with over 20 Years of Experience
Since 1994 Haryett & Co. has gained considerable knowledge of the Canadian Criminal Code, evidence, rules of criminal procedure, and the Charter. Kent Haryett and the lawyers of the firm, strive to wield their full capabilities, training and experience to provide clients with top-quality representation.