Pre-charge legal advice in Calgary helps protect your rights before charges are laid. A lawyer from Strategic Criminal Defence will guide you through police questioning, evidence issues, and potential outcomes. This may be your best chance to resolve matters early and even potentially avoid criminal charges.
During police investigations, police will often try to:
Gather evidence to charge you.
Interview you and any witnesses.
Extract a confession or statement that implicates you.
Unfortunately, it’s easy to make things worse for yourself. Advice from a seasoned criminal defence lawyer before charges are laid can:
Help prevent you from saying or doing anything that worsens your situation.
Protect your legal rights.
Guide you on the next steps after the police investigation concludes.
During our work to limit the consequences for suspects for two decades, we have:
Defended over 10,000 cases.
Received Three Best Rated® distinction (8 consecutive years).
Attracted over 750 5-star Google reviews.
Won the Consumer Choice Award twice (2025, 2026).
Earned BBB A+ rating.
If police have contacted you or you think they might, we can help.
Accused of a crime in Calgary? Your next steps are critical:
Stay silent. You have the right to remain silent. Don’t answer questions, explain your side, or sign anything for the police without a lawyer present.
Call a criminal defence lawyer right away. The sooner you get legal advice, the more options you have to protect your rights before charges are even laid.
Write down what you remember: Note key details, times, and witnesses while they’re fresh. Don’t discuss the situation with anyone else or destroy any evidence.
Contact us for a free, no-obligation consultation.
What is pre-charge legal advice, and why is it important?
Early on in investigations, the police often gather the most incriminating evidence against the accused.
Saying or doing something that provides the police with the information they need to charge you is a common mistake. These statements are often used in court.
If you’re arrested or detained (even if no charges are laid), you have the right to “retain and instruct counsel without delay and to be informed of that right” under Section 10(b) of the Canadian Charter.
“Think of pre-charge legal advice as crisis management in the criminal context.”
Criminal suspects should not answer police questions before consulting with a lawyer. Your lawyer will explain:
Who is investigating you (e.g., a street cop, detective, or special unit).
Your legal rights.
What the police are looking for.
How to answer questions without implicating yourself.
What to say and not to say to investigators and others.
Early legal advice from a Strategic Criminal Defence lawyer will focus on limiting the consequences for you. This could mean:
Preventing arrest and detention.
Diverting charges outside of the criminal justice system (depending on the offence and police/Crown policy).
Discovering details about the investigation to aid your defence.
Gathering evidence to start making a case for your bail hearing.
Starting work on building your defence even before charges are laid.
Time is of the essence in these situations. We will explain your rights and obligations in full when interacting with the police.
In what situations should you consider pre-charge legal advice?
Early intervention from a lawyer may be advisable if the police have called you, asked you to come in for an interview, or even if you think you’re being investigated. Some examples include:
You’ve been contacted by police for an interview, questioning, or to “come in and discuss something”.
You’re aware of an active investigation involving you, such as a workplace incident, domestic dispute, or motor vehicle collision that may lead to criminal charges.
A search warrant has been executed on your home, vehicle, or business, or police have seized property or devices belonging to you.
A dating partner has accused you of non-consensual sex, and you’re unsure if a formal complaint has been made to the police.
What offences can our pre-charge legal advice service help with?
Our lawyers provide pre-charge legal advice for all types of criminal offences in Calgary, including:
Administration of justice offences.
Assault and violent offences.
Criminal driving.
Drug offences.
DUI and impaired driving.
Firearm offences
Sexual assault.
Property offences.
Theft and fraud.
Youth offences.
“The phone call trap is a situation where the police call you out of the blue, identify themselves, and start asking you questions about an incident or event. Before you know it, you’re answering questions about knowing the person they’re talking about, or being at the place where an incident took place, and you’re giving them more and more information, thereby incriminating yourself.”
Our Calgary pre-charge legal advice service is designed to protect your rights and limit the consequences for your future. Services included in our flat-rate fee packages are:
SERVICE
OVERVIEW
Case review & risk assessment
We assess the facts, what you're accused of, and where the investigation stands, so we know what risks you're facing and what needs to happen first.
Review of correspondence & evidence
We go through your communications with police, investigators, complainants, or witnesses to flag anything that could be used against you or strengthen your defence.
Plain-language explanation of your jeopardy
We explain what offences you could face, the likely penalties, and what a charge or conviction would mean for your life, with no legal jargon.
Police interview preparation & support
We explain your rights and how to conduct yourself with investigators, and stay available on-call if police contact you unannounced.
Advocacy with investigators
We communicate with investigators on your behalf and push for a resolution that avoids criminal charges being laid.
As part of our early intervention, we can often:
Make factual representations to investigators or the Crown that establish an alibi, explain circumstances, etc.
Challenge the investigative procedures if police have acted unlawfully and/or breached Charter rights.
Challenge whether the police have sufficient grounds to lay criminal charges.
If charges are laid, we can also prepare for your bail hearing and advocate for release on the least restrictive terms possible.
How are pre-charge legal advice packages priced?
At Strategic Criminal Defence, we use a flat-fee pricing model for legal advice packages, with payment options designed to make experienced legal advice accessible for most.
If criminal charges are inevitable, the fee that you pay for advice and assistance before charges are laid will be credited towards our general retainer fee for defending your case.
“Proper pre-charge legal advice is more than just an interview with a lawyer. We offer a comprehensive package at flat-rate fees. It covers not just an initial consultation, but a thorough review of every aspect of the case.”
Our client contacted us after being placed on administrative leave at work as a result of a sexual assault complaint. He didn’t know much about the situation, but suspected that his ex-girlfriend, who he works with, had brought a complaint of sexual assault to their mutual employer. He was understandably stressed, worried, and uncertain about what to expect and what to do next.
Upon being retained, we conducted a thorough meeting with our client to understand his perspective on the events in question. We drafted a detailed narrative of their entire relationship, supported by phone records, bank statements, texts, etc. We had a difficult decision about whether to recommend that our client participate in an employment investigation, knowing it could be used in a criminal investigation. After a comprehensive review, we felt comfortable with our client walking into an employment review to determine the merits of the allegation. The allegation was determined to be without merit, and our client’s employment was reinstated. We continued to follow the case for 6 months, as part of our standard pre-charge legal advice services, to ensure there were no further ramifications. During those 6 months, our client was able to mend his relationship with his ex-girlfriend, which solidified our conclusion that there was nothing left to worry about and that the case could be closed.
Successful Result: No Charges Laid, No Criminal Record
Our client initially contacted us after a police officer requested a meeting with him. Before retaining our services, our client met with the officer, who informed him that he was under investigation for voyeurism, with the complainant being a previous partner.
Upon being retained, we promptly arranged a meeting with our client to conduct a comprehensive review of his situation and assess the potential legal jeopardy he faced. We listened to his account of the events and compiled a list of necessary documentation to gain a better understanding of the case. Subsequently, we obtained the contact information of the officer who had initially reached out to our client and established communication with them. By maintaining an open line of communication with the police officer and monitoring the progress of the investigation, we were able to ascertain that a search warrant had been obtained for our client’s phone, and the investigation was ongoing. Through our diligent efforts and legal expertise, we successfully navigated this situation and ultimately determined that no charges were laid against our client. As a result, our client was able to resume his life without the fear of this potential charge.
Successful Result: No Charges Laid, No Criminal Record
Our client was being investigated by the police in relation to sexual interference allegations made by his former stepson. He was asked by the RCMP to attend questioning (aka interrogation) about the matter. Prior to attending, our client reached out to us for pre-charge legal advice.
Upon being retained, we reached out to the police officer who had contacted our client to learn more about the investigation. Once we confirmed the nature of the allegations, we carefully reviewed them with our client. Our client was adamant that the allegations were untrue, so we scheduled a private polygraph test for him. After he passed our internal polygraph with no concerns, we offered to have him participate in an RCMP polygraph. He passed their test with flying colours, which successfully concluded the police investigation with no criminal charges ever being laid.
Our client hired us in a pre-charge capacity after she was contacted by a constable with the Calgary Police Service who requested our client turn herself in for arrest for suspected fraud and money laundering. After receiving this call, she immediately called us for help. With no time to waste, we reached out to the investigating officer and initiated a conversation about the grounds for the arrest. Although the constable was initially reluctant to engage in a conversation, we assured him that there was likely an innocent explanation for the accusations and that, based on our own conversations with our client, it was highly unlikely our client had acted criminally.
The constable agreed to cooperate with our team in continuing his investigation rather than jumping to lay charges and supplied us with a list of questions he wanted answered. Our client was provided the opportunity to tell her side of the story without the risk of attending the district office alone, where she would have been placed under arrest and likely interrogated. After gathering and submitting a detailed and thorough explanation, accompanied by supporting documents, the constable agreed that no crime had been committed and closed the investigation against our client.
The constable expressed gratitude for our assistance. He acknowledged that without our help, he would not have been able to access the information and detail he needed to close this case and would have likely unnecessarily arrested, interrogated, and charged our client.
Successful Result: No Fraud and Money Laundering Charges Laid; No Criminal Record
“One very common trick police use is subtly undermining your legal advice to remain silent. They won’t expressly tell you not to listen to your lawyer, because that would make any statement inadmissible in court, but they’ll come close to the line. They might say things like, “Well, all lawyers say that,” or “Your lawyer’s not here right now, is he?” Don’t let them convince you that your lawyer doesn’t have your best interests at heart. Listen to your lawyer’s advice.”
“If you are in a situation with law enforcement pre-charge, you must speak with Strategic Criminal Defence for pre-charge legal advice. You do not need to wait to be charged to hire a lawyer!”
A.M.
“I originally hired Shervin Sabet to assist with an assault charge. He was diligent in making sure I did not end up with charges, and we could reach the best outcome possible, and he was successful. The firm also extended me such kindness to absorb the fee from my psych form, as they understood I was struggling. I greatly appreciated this gesture.”
J.W.
“I have been working with Shaun Leochko as my lawyer for several years, and I cannot recommend him highly enough. From the very first time I reached out, Shaun demonstrated exceptional professionalism, clear communication, and a genuine commitment to achieving the best possible outcome for me.”
D.L.
“I needed legal advice/assistance with a matter, and the staff were very helpful, especially Joseph Beller. From the website, which was easy to navigate, the response time (quicker than stated on the website) to the comfortable atmosphere during meetings made me feel positive that I chose the right company.”
Unfortunately, individuals who have never committed a crime frequently become key suspects in criminal investigations. Some are even behind bars now for saying or doing the wrong things while under investigation. The police are often under pressure to solve crimes and frequently make mistakes. You could be investigated for an offence if you were in the wrong place at the wrong time or with someone who commits a crime. Even if you did nothing wrong, early intervention from our lawyers can help protect your innocence.
No, the right to silence and to speak to a lawyer are basic rights under the Canadian justice system. Police and prosecutors know this. It’s only fair for people facing questioning from experienced police officers to receive legal advice from a criminal defence lawyer. We can prevent you from saying or doing anything that could be misinterpreted or used against you later, even if you haven’t done anything wrong.
If the police call you, question you, or search your home or workplace with a search warrant, you are under investigation. However, it is not always so clear. The police may talk to your friends, family, or coworkers about you or call you and ask you to come to the police station for informal or “off the record” questioning. In most circumstances, there is no such thing. It’s generally best to speak to a pre-charge lawyer before you talk to the police about any investigation.
Before any charges are filed, we may begin to collect evidence or give reasons that support your side of the story. We can plan what to do if you are ever charged with a crime. We can sometimes help you turn yourself in if you’re going to be charged, so that you don’t have to deal with being arrested at home or work.
Sometimes. We may be able to point out to the police that your Charter rights were violated during the investigation, or show that their evidence is not strong enough for a conviction. This can occasionally delay or prevent charges, though it is very case-dependent.
A conviction can affect employment, professional licensing, travel to certain countries (including the US), immigration status (for non-citizens), and more. If you are charged and later found not guilty of the crime, the mere fact that you have been charged with an offence can still negatively impact your life, as significant social stigma often accompanies criminal charges. Being proactive by engaging one of our experienced criminal defence lawyers to provide legal advice early on can prevent these potential harms.
“There are two key benefits to getting pre-charge legal advice. The first is to ensure that you protect yourself as much as possible and that you do not incriminate yourself. The second benefit is that it allows you to control the narrative and the flow of the investigation, and if you do it right, it may allow you to prevent being charged in the first place.”
Protect yourself against criminal accusations in Calgary
If you’re being investigated for a criminal offence in Calgary, pre-charge legal advice from Strategic Criminal Defence will aim to prevent charges being laid or reduce the consequences for the future if you are charged.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Last Modified: July 13, 2026
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
Connect with Michael:Bio | LinkedIn | Firm Office: (403) 719-6410
