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What Happens After You Are Charged With a Criminal Offence in Calgary?

Being charged with a criminal offence in Calgary can be stressful. You may be worried about going to jail, losing your job, damaging your reputation, or what the charge could mean for your family and future.

The first thing to understand is that being charged does not mean you have been found guilty. The criminal court process gives you the opportunity to understand the allegations, review the evidence, respond to the charge, and have your case decided according to Canadian law.

If you have been charged with a criminal offence in Calgary, knowing what happens next can help you make better decisions. Your next steps may include dealing with release conditions or bail, attending your first court appearance, reviewing disclosure, entering a plea, negotiating with the Crown prosecutor, preparing for trial, or dealing with sentencing.

This guide explains the general criminal process in Calgary and what you should know after a charge is laid.

What Does It Mean to Be Charged With a Criminal Offence?

A criminal charge is a formal allegation that you committed an offence under Canadian criminal law. Depending on the circumstances, police may arrest you and release you with conditions, or you may be required to appear before the court.

The type of offence matters. Criminal cases can involve allegations such as:

Millennium Law Chambers handles a range of criminal matters in Calgary, including bail hearings, assault and threats, domestic offences, sexual offences, drug offences, fraud and theft, impaired driving, firearm and weapon offences, and appeals.

The procedure can vary depending on the charge, the seriousness of the allegations, your criminal record, whether you were arrested, and whether you were released or kept in custody.

What Happens Immediately After a Criminal Charge?

After being charged, you should carefully review any documents given to you by police. These documents may tell you:

Do not ignore your release conditions or court date.

If you were released with conditions, those conditions can be legally important. For example, you may be required to avoid certain people or places, report to a particular person or office, remain within a certain area, or comply with other restrictions.

Breaking a release condition can create additional legal problems.

Will You Have to Go to Jail?

Not necessarily.

Whether you remain in custody or are released while your case proceeds depends on the circumstances of your case and the applicable rules.

If police release you, your release paperwork will normally provide information about your first court appearance. If you are kept in custody, you may need a bail hearing to determine whether you should be released while the criminal case continues.

A bail hearing is not a trial. The court is dealing with whether you should be released and, if so, under what conditions.

If you are facing a bail hearing in Calgary, getting legal advice as early as possible can be important because the outcome can affect your freedom and the conditions you must follow while your case is pending.

What Happens at Your First Court Appearance?

Your first appearance is an important step, but it is generally not your trial.

In Alberta, the first appearance allows the court to deal with procedural matters and determine how the case will proceed. Your release documents should provide the date and time of your appearance. Alberta Courts advises people who have been charged to prepare before the first appearance and to obtain legal assistance where appropriate.

At this stage, you may need to deal with matters such as:

The first appearance should not be treated as a formality that can simply be ignored.

What Is Disclosure?

One of the most important parts of a criminal case is disclosure.

Disclosure generally refers to the relevant information in the Crown’s possession or control concerning the prosecution. It may include materials such as:

The Canadian Judicial Council’s Criminal Law Handbook explains that an accused person generally has a right to relevant disclosure, subject to legal limitations such as privileged information.

Disclosure allows the accused and defence lawyer to understand the case and assess the available evidence.

Sometimes disclosure is not complete at the first appearance. Additional material may be provided later as it becomes available.

Why Should You Review Disclosure Carefully?

The charge itself does not tell the whole story.

A defence lawyer may need to examine what the police say happened, compare witness accounts, review video or other evidence, identify inconsistencies, and consider whether the evidence supports the elements of the offence.

Depending on the case, the review may also raise questions about:

This is one reason why making an immediate decision about how to resolve your case without understanding the evidence can be risky.

Do You Have to Plead Guilty?

No.

In a criminal case, an accused person may plead guilty or not guilty, depending on the circumstances and available legal options.

A guilty plea should not be entered simply because you feel pressured, confused, or want the matter to end quickly.

Alberta Courts specifically advises people to understand the consequences of a plea before making that decision.

A lawyer can review the charge and evidence with you and explain the potential consequences of the available options.

What Happens If You Plead Guilty?

If you plead guilty, the court must be satisfied that the plea is properly made and that you understand what you are admitting.

The matter may then proceed toward sentencing. Depending on the offence and circumstances, sentencing can involve different penalties and conditions.

The sentence may be influenced by factors such as:

The possible consequences depend heavily on the specific charge and facts.

For this reason, it is important to obtain legal advice before entering a guilty plea.

What Happens If You Plead Not Guilty?

If you plead not guilty, your case will continue through the criminal court process.

The next steps can vary depending on the type and seriousness of the charge. Your lawyer may review the disclosure, communicate with the Crown prosecutor, bring applications where appropriate, negotiate possible resolutions, and prepare the case for trial.

If the matter proceeds to trial, the Crown must present evidence to prove the charge according to the applicable legal standard.

You have the right to defend yourself or have a lawyer represent you.

Can Criminal Charges Be Dropped or Withdrawn?

A criminal charge does not necessarily end in a trial.

Depending on the evidence and circumstances, a case may be resolved in different ways. For example, the Crown may decide not to proceed, the parties may reach an appropriate resolution, or the matter may proceed to trial.

However, you should not assume that charges will automatically be withdrawn.

The Crown’s position depends on the circumstances of the particular case, including the available evidence and applicable prosecution policies.

A criminal defence lawyer can assess the circumstances of your case and communicate with the Crown where appropriate.

What If the Case Goes to Trial?

A criminal trial is where the evidence is formally presented to the court.

The Crown prosecutor presents evidence intended to prove the allegations. The defence has the opportunity to challenge the Crown’s case and present a defence where appropriate.

Depending on the offence and the circumstances, the trial may involve:

  1. Opening statements
  2. Crown witnesses giving evidence
  3. Cross-examination of Crown witnesses
  4. Defence evidence, where applicable
  5. Legal arguments
  6. A decision by the judge or jury, depending on the type of proceeding

The exact procedure can differ from one case to another.

The important point is that a trial is not simply about telling your side of the story. Criminal trials follow specific rules of evidence and procedure, and the defence must carefully prepare for the issues raised by the Crown’s case.

How Long Does a Criminal Case Take in Calgary?

There is no single timeline for every criminal offence in Calgary.

Some matters may be resolved relatively quickly, while more complicated cases can take considerably longer.

The length of a criminal case may depend on:

It is therefore difficult to give a reliable timeline without knowing the details of the case.

What Should You Do After Being Charged?

The decisions you make early in your case can affect how it proceeds. Consider taking the following steps.

1. Read Your Release Documents

Know your next court date and understand every condition placed on your release.

2. Do Not Miss Court

Failing to attend court can create additional legal problems and may affect your release.

3. Do Not Breach Your Conditions

If your release order prohibits contact with someone, for example, do not assume that an informal agreement with that person makes contact acceptable.

4. Avoid Discussing the Case Publicly

Be careful about discussing the allegations with friends, coworkers, witnesses, or on social media.

Statements, messages, photographs, and other digital material can become relevant to a criminal investigation or court proceeding.

5. Do Not Delete Potential Evidence

Do not destroy, alter, or hide messages, photographs, emails, videos, or other material related to the allegations.

6. Get Legal Advice Early

Speaking with a criminal defence lawyer early can help you understand the charge, your court obligations, disclosure, possible options, and the next steps in your case.

Why Should You Hire a Criminal Defence Lawyer in Calgary?

Criminal law involves strict procedures, evidence rules, court deadlines, and serious potential consequences.

A criminal defence lawyer can help you:

At Millennium Law Chambers, criminal law is one of the firm’s practice areas. The firm’s Calgary criminal law services include defence representation for matters such as assault and threats, domestic offences, sexual offences, drug offences, fraud and theft, impaired driving, firearm and weapon offences, homicide, internet crime, youth criminal matters, bail hearings, and appeals.

The right approach depends on the facts of your case. A defence strategy for an impaired driving charge may be very different from one involving assault, fraud, a domestic offence, or a serious sexual offence.

Frequently Asked Questions

What happens after you are charged with a criminal offence in Calgary?

After being charged, you may be released with conditions or required to attend a bail hearing. You will normally have a first court appearance, where procedural matters such as disclosure, legal representation, and the next steps are addressed. The case may then be resolved through a guilty plea, another resolution, or proceed toward trial.

Is my first court appearance the trial?

No. A first appearance is generally a procedural court date, not the trial. It is used to address matters such as your legal representation, disclosure, plea, and case management.

Should I plead guilty at my first appearance?

Do not plead guilty simply because you want the case to end quickly. You should understand the charge, evidence, legal consequences, and available options before entering a plea. Alberta Courts recommends getting legal assistance and understanding the consequences of a guilty plea.

What is criminal disclosure?

Criminal disclosure is the relevant information held by the Crown concerning the prosecution, subject to applicable legal limitations. It can include police reports, witness statements, notes, photographs, videos, and other relevant evidence.

Can a criminal charge be withdrawn?

A criminal case can sometimes be resolved without a trial, but there is no guarantee that a charge will be withdrawn. The possible resolution depends on the evidence, the circumstances, the charge, and the Crown’s position.

Do I need a criminal lawyer for a criminal charge?

You have the right to represent yourself, but criminal proceedings can have serious consequences and involve complex legal and procedural issues. Speaking with a criminal defence lawyer can help you understand your rights and options before making important decisions.

Get Legal Advice After a Criminal Charge

A criminal charge can affect more than your court record. Depending on the circumstances, it may affect your employment, family relationships, travel, reputation, and future opportunities.

The earlier you understand your legal position, the better prepared you can be for the next stage of the process.

If you have been charged with a criminal offence in Calgary, Millennium Law Chambers can help you understand the allegations, review your legal options, and prepare for the next steps in your case.

Contact Millennium Law Chambers for a consultation

Millennium Law Chambers
Calgary, Alberta
Phone: (403) 668-4300

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