If you have not yet been charged with an offence, you need to contact a criminal defence lawyer in Calgary for pre-charge legal advice as soon as possible.

It’s very important that you get legal advice at the first chance you have during an investigation, before you are charged.

When someone is arrested or held, Section 10(b) of the Canadian Charter of Rights and Freedoms says that they have the right to “retain and instruct counsel without delay and to be informed of that right.”

Our team can help you understand the investigation process, explain your rights, and help you know how to answer police questions before you are charged. We can even stop the police from bringing charges in some cases.

What you say to the police can be used against you. Getting legal help early on can help you protect your rights and may even help you get a better outcome if you are accused of a crime.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we provide advice to help those who have not been formally charged. 

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • The Canadian Charter of Rights and Freedoms says that you have the right to legal assistance.
  • Sometimes, getting legal advice before charges are filed can stop them from happening at all.
  • If you talk to a lawyer on our team early on, they can help you understand what charges you might face and what they could mean for you.
  • Our lawyers can help you figure out what to say (or not say) to the police if they are investigating you.
  • Getting legal advice early on can help protect your rights and make your defence stronger if you are charged with a crime.

What is Pre-Charge Legal Advice and Why is it Important?

How can a Pre-Charge Legal Advice lawyer in Calgary help?

If you’re being investigated but haven’t been charged yet, our lawyers can help. 

  • Before charges are filed, our lawyers will explain your legal rights and help you understand how the investigation works. This might keep charges from being brought.
  • We help you through police interviews so you don’t unnecessarily say anything that could hurt your case later. This is important because what suspects say before they talk to a lawyer is often used in court.
  • If we need to, our team may start gathering evidence that backs up your side of the story before any charges are filed. Getting evidence early on, like getting witness statements while their memories are still fresh, can be very helpful if your case goes to court.
  • If you ever get charged with a crime, our team will already know about your case and will be able to smoothly take over representing you in court. This includes getting bail, filing applications, and being your lawyer at trial.

Examples of Situations Where Pre-Charge Legal Advice is Helpful 

  • The police call a woman and ask her to come to the station to have a casual talk about a theft at her work. Before she goes, she talks to a lawyer who tells her what her rights are and how to answer questions without getting in unnecessary trouble.
  • A woman who used to date a man reports that he has been bothering her. The police haven’t arrested him yet, but they have talked to him about the accusations. A lawyer is then hired to advise him of you what not to say before he is charged and helps hi get ready for police interviews that might happen.
  • Drugs were found at a student’s house party. The police take down the student’s phone number and said they would call her. A lawyer tells her what to do if the police call her, and then they start making a plan for how to defend her if she gets arrested.

Pre-Charge Legal Advice & Potential Defences

You can talk to a lawyer about possible defences before you are charged with a crime. Such as:

  • If the police violated your rights under the Canadian Charter while they were investigating something, this could be a strong defence. If the police searched your house without a good reason or a valid warrant, they might not be able to use any evidence they found in court.
  • The Crown has to prove every part of a crime beyond a reasonable doubt in order to get a conviction. When the evidence isn’t strong enough, our team sometimes talks to the police or prosecutors. This could sometimes in rare situations stop charges from being filed in the first place.

Frequently Asked Questions

Before you talk to the police about an investigation, it’s usually best to talk to a Strategic Criminal Defence lawyer first. You may want to help, but anything you say can be used against you. If you don’t have a lawyer, the police might be able to get information from you that hurts your case without you even knowing it. You don’t have to say anything right away. In Canada, this is a protected right, so it doesn’t mean you’re guilty. Our lawyers can help you understand what information is okay to share and what could cause problems. We can sometimes talk to the police for you or be there when you are being questioned to make sure your rights are protected.

If the police call you, question you, or search your home or workplace with a search warrant, it’s clear that they are looking into you. You might not know that there are investigations going on, though. If the police talk to your friends, family, or coworkers about you or call you and ask you to come to the police station for questioning, you might find out that they are investigating you. If you think you’re being investigated, it’s best to get in touch with our team right away instead of waiting for charges. Getting legal advice before you are charged can help you figure out what is going on and what to do next.

Before any charges are filed, we may begin to collect evidence or give reasons that support your side of the story. We can make a plan in case you are ever charged with a crime. We can sometimes help you turn yourself in if you’re going to be charged so you don’t have to deal with being arrested at home or work.

Even people who are innocent make this smart choice to protect their rights. A lawyer is a basic part of our justice system, and everyone has the right to one. Police and prosecutors know about this. It’s only fair to have a lawyer who knows how to defend you. We help you make sure you don’t say anything that could be misinterpreted or used against you later, even if you haven’t done anything wrong.