3 ways your rights are protected in criminal trials

A trial is a formal court process by which a judge or jury determines your legal guilt or innocence. The criminal trial process is governed by three important principles that help protect your rights:

  1. The presumption of innocence: you are innocent until proven guilty by the prosecution (everyone has a right to a trial if they want one).
  2. The right to silence and against self-incrimination: just as you do not have to speak to police during an investigation, you cannot be forced to testify at your own trial.
  3. The Crown must prove guilt beyond a reasonable doubt. You don’t have to prove your innocence at trial, only that you are not guilty beyond a reasonable doubt.

Strategic Criminal Defence lawyers ensure that these principles are upheld in your case, as we work to prevent the most serious consequences of a criminal charge.

Contact us for a free, no-obligation consultation.

“The vast majority of criminal cases never need to go to trial, and in most cases, that’s the right outcome for our client. Where a resolution like a withdrawal, diversion, or peace bond gets our client a better result with less risk, that’s the path we pursue. But when going to trial gives our client the best chance at justice, we’re fully prepared to fight for them in the courtroom.”

Michael Oykhman, Strategic Criminal Defence

What happens during a criminal trial, and how will your lawyer help?

Following is a summary of the three stages of a criminal trial and what we will do at each stage to challenge the charge:

STAGE WHAT HAPPENS HOW OUR LAWYERS HELP
1. The Crown Prosecutor's Case

Crown presents its case to the judge: calls witnesses, introduces evidence.

Crown must prove guilt beyond a reasonable doubt.

Your lawyer cross-examines Crown witnesses to raise a reasonable doubt.

Identify weaknesses in disclosure before trial.

Challenge witness credibility and inconsistencies during cross-examination.
2. The Defence's Case

Defence may call its own witnesses and evidence.

You may testify, but cannot be forced to.

Crown may cross-examine any defence witnesses, including you, if you testify.

Advise whether testifying is in your best interest.

Prepare witnesses (and you, if testifying) for cross-examination.
3. Final Arguments and Decision

Crown and defence each make final arguments.

In a judge-alone trial, the judge may decide immediately or adjourn to decide later.

In a jury trial, the jury decides facts and delivers the verdict, while the judge rules on the law and gives jury instructions.

Decision delivered orally or in writing; sentencing date set if required.

Deliver closing arguments tying evidentiary gaps to reasonable doubt.

Begin sentencing preparation immediately if a conviction results.

Will you be asked to testify?

If your case proceeds to trial, you will almost always be required to attend. Your lawyer will:

  • Advise you of the trial date.
  • Prepare you for what will happen.
  • Work to reduce any nerves or stress you may feel.

Your lawyer will also recommend whether or not you should testify, i.e., whether it would be advantageous to your case.

In many cases, putting a defendant on the witness stand is risky because the Crown Prosecutor has the chance to cross-examine all witnesses. You may need to answer questions designed to undermine your credibility and damage your defence.

“In some situations, we will ask the accused to take the stand to advance a particular defence. For example, if your defence requires you to provide testimony about your mental state at the time of the offence, your testimony is essential to the defence. However, if you do not need to take the stand, you should generally avoid doing so, as it will open you up to cross-examination by the Crown Prosecutor.”

Michael Oykhman, Strategic Criminal Defence

If you don’t testify, the judge or jury is not allowed to draw any negative inferences from that. Your right to silence is constitutionally protected.

Does the trial process change for different types of offences?

The three stages apply to all criminal trials, regardless of whether the offence is prosecuted summarily (the least serious crimes) or by indictment (more serious crimes).

‘Hybrid’ offences can be prosecuted either summarily or by indictment, depending on the election of the Crown.

With most indictable offences, the accused may elect to have a trial by a judge or by judge and jury. As noted in the table above, this election affects who delivers the final verdict.

Regardless of the type of trial you face, your lawyer’s strong trial advocacy skills will ensure that we make the best possible presentation of your case.

Which types of charges are most likely to end up at trial?

Most charges resolve before trial through charge withdrawal, diversion program, peace bond, or a plea agreement. We are more likely to proceed to trial when:

  • The Crown’s case is weak enough to fight.
  • The Crown’s plea offer doesn’t reflect the actual strength of the evidence.
  • Our client faces particularly serious consequences, such as a lengthy jail sentence, deportation, loss of employment, etc.
  • Our client maintains their innocence, and a fair resolution isn’t on the table.

Serious or violent offences, such as sexual assault, aggravated assault, and robbery, more commonly proceed to trial, as well as cases that hinge on credibility or identification rather than physical evidence.

Where are trials held in Calgary?

Criminal trials in Calgary are held at The Calgary Courts Centre, 601 5th Street SW:

  • Less serious matters are tried in the Alberta Court of Justice (the provincial court).
  • More serious indictable offences, including those where the accused elects a judge and jury, are tried in the Alberta Court of King’s Bench, the province’s superior trial court.
  • Some of the most serious offences, including murder, must be tried in the Court of King’s Bench.

Testimonials

“They were so amazing and professional on every end. From the first time I sat down with them until trial, and the finish was one of the best experiences I have ever had.”

W.B.

“…my second charge we took to trial. The whole process was finished within a year as my second charge was stayed.”

C.J.P.

“Fantastic lawyers! Truly intelligent, kind, understanding, and extremely talented. They helped me resolve my case and it was dropped before even going to trial.”

D.B.

“From our very first meeting, Michael listened closely to my situation, clearly identified what was needed, and pointed out the key areas for our defence. He made sure I was involved in every step, which I requested. His thorough explanations and constant communication gave me immense reassurance that I was being genuinely supported.”

S.K.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 00040246

Our client was charged with a historical sexual assault against a family member that was alleged to have occurred nearly 10 years prior. Our client adamantly denied the allegations. When he retained us, he was attending university and was terrified of the potential consequences.

Joseph Beller brought the matter to trial and provided a vigorous defence over multiple days. As a result of his strong cross-examination of the complainant, the Crown conceded their case could not be met and invited the Court to enter an acquittal without our client needing to take the stand.

Successful Result: Acquitted at trial, No Criminal Record

Case Number: 75710266

Our client was charged with voyeurism for allegedly placing a video camera in a unisex bathroom located at a private institution. He denied that he was the individual who had placed the video camera in the bathroom.

In reviewing the disclosure, it became apparent that the only evidence connecting our client to the video camera was a mixed DNA sample that included our client’s DNA (among other DNA contributors), and one witness who had observed our client enter the bathroom after the video camera had been discovered and removed. The matter was set for trial. At trial, we relied on scientific studies exposing the limitations of DNA evidence due to DNA transfer to cross-examine the Crown Prosecutor’s DNA evidence. Through this cross-examination, it was revealed that our client’s DNA could have been transferred to the video camera unknowingly. As a result, the Court determined that there was a reasonable doubt that our client was responsible for placing the video camera in the bathroom, and acquitted him.

Successful result: Acquitted at trial

Case Number: 753-240449

Our client was charged with a historical assault and assault causing bodily harm against a colleague. The colleague claimed that she was in a romantic relationship, as well as a professional relationship, with our client when he committed these assaults against her, resulting in her sustaining injuries, which were supported by medical documents. Our client denied the existence of a romantic relationship and claimed that he had rebuffed the complainant’s romantic pursuit of him, resulting in a campaign of harassment by the complainant against him, leading up to the complainant making allegations of assault. The client was an international student who had come to Canada in pursuit of a better life, and faced serious consequences if he was convicted of the charges.

Our lawyer conducted a thorough review of the complainant’s allegations and cross-referenced those allegations with numerous communications that the complainant had sent to our client leading up to the charges. Based on the timeline of the complaint and the communications, we identified a clear motive for the complainant to fabricate the allegations. Through a lengthy cross-examination of the complainant at trial, we highlighted many inconsistencies in the complainant’s evidence before the trial judge. The trial judge ultimately determined that there was a reasonable doubt as to whether our client had caused the injuries to the complainant and found our client not guilty.

Successful Result: Acquitted At Trial

Case Number: 1783724

Our client was arrested for impaired driving after an officer noticed him idling in his truck on a side road late one evening. Despite our client’s contention that he had only one beer, the officer arrested him and took him to the police station, where he was required to provide a breath sample. The sample showed that our client was intoxicated beyond the legal limit, and as a result, he was charged with driving while impaired and operation of a vehicle over 80mg%.

Upon being retained, we reviewed disclosure and our client’s medical history. The disclosure revealed significant issues with the investigation and the infringement of our client’s Charter right to legal counsel. The medical history revealed that our client had a salivary gland condition that he treated with mouthwash. At trial, these issues were brought before the court, and after a lengthy cross-examination of the arresting officer, the Crown Prosecutor withdrew all charges.

Successful Result: Charges Withdrawn; No Criminal Record

FAQs

A preliminary inquiry is a pre-trial hearing where a judge decides if there’s enough evidence to proceed to trial. It’s only available for certain serious indictable offences and isn’t a trial itself. No verdict is reached.

Not usually. Sentencing is typically a separate hearing held after a guilty verdict, giving both sides time to prepare submissions on an appropriate sentence. Occasionally, for minor matters, sentencing happens immediately.

There are two kinds of stays of proceedings. A Crown-directed stay pauses a case, and the Crown can revive it within one year (s. 579); after that, the charges are permanently dead. A judge can also order a stay, usually for serious Charter rights violations, which is permanent from the start.

Yes. You testify under oath or solemn affirmation, and lying on the stand is perjury, a separate criminal offence. Your lawyer will help you prepare to testify truthfully and effectively.

Get help from experienced trial lawyers in Calgary

The Strategic Criminal Defence team has defended over 10,000 charges in the past two decades and earned over 750 5-star reviews.

The early involvement of one of our lawyers can help prevent a trial if it is not in your best interests. Your lawyer will immediately work to:

  • Protect your legal rights.
  • Explain the legal options available and possible outcomes.
  • Tailor a defence based on the circumstances of your case.
  • Represent you at all court appearances.
  • Seek an outcome that minimizes the impact on your future.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 14, 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