Written By: Ravi Prithipaul

Being accused of a criminal offence is a serious and potentially life-changing event. Whether or not there is a basis for the charge, you should contact an experienced criminal defence lawyer. Unfortunately, people are sometimes accused of crimes which they truly did not commit. Ravi Prithipaul is a criminal defence lawyer in Edmonton who would be pleased to offer you advice if you are facing criminal charges. He will help you achieve the best resolution possible.What If You Are Suspected of a Committing a Crime?

If the police suspect you have committed a crime, they will undertake an investigation. The police may gather evidence from witnesses, surveillance, or other techniques. In general terms, once the police have gathered reasonable grounds to believe that a crime has occurred, more intrusive methods are adopted. For example, a search warrant may be obtained which enables the police to enter a home, place of business, vehicle, or other locations. Another frequently-used tactic is to question the suspect.

You have rights if you are detained or arrested and if the police wish to ask you questions. It is best to ask politely to speak to a lawyer as soon as possible and not to answer any questions until you are given that opportunity. In general terms, you are required to give the police your identification on request, but apart from that, you have a right to remain silent. This means that you do not have to provide a statement, or give your version of what happened. Even if you believe that you have done nothing wrong, it is often best not to make any statements to the police. Anything you do say will be used as evidence.

It is usually the case that, once the police have grounds to believe that a person is the perpetrator, their primary role is to gather evidence to support a criminal conviction. Police questioning of a suspect is not a conversation between equals but a carefully designed strategy to elicit information. Any information you provide may be misunderstood and misinterpreted and used to support the case against you. Whatever you say, in other words, could lead to you being charged and even convicted.

Do not expect the police to stop asking you questions just because you tell them you want to talk to a lawyer, or say you want to remain silent. The police are allowed to continue talking to suspects in order to obtain evidence. In, R v McCrimmon, 2010 SCC 36, for example, the accused spoke with a lawyer following his arrest for multiple assaults, after which police continued to interrogate him. The accused stated several times he wanted to speak with a lawyer but the police denied these requests. Eventually, the accused made incriminating statements which were introduced as evidence at trial and resulted in his conviction.

The Supreme Court of Canada upheld the conviction and ruled that the police, after having afforded Mr. McCrimmon access to a lawyer, were not obliged to allow him further opportunities to speak to counsel. Nor were the police required to cease questioning Mr. McCrimmon when he asked to speak to a lawyer after having done so once.

If you are in police custody, it is best not to speak with anyone other than your lawyer. The police are allowed to use tricks to obtain statements from persons who are arrested or detained. In R. v. Sinclair, 2010 SCC 35, the accused spoke to an undercover officer who was posing as a cellmate. These types of confessions are often admitted as evidence.

What If You Are Charged? 

If the police have charged you with a crime, do not panic. A lawyer can help your through the process.
You may become aware of a criminal charge in various ways:

• The police may serve you a document telling you what offences you are charged with and which compels you to appear in court. This document may be an appearance notice, a promise to appear, or a summons. Essentially, the document is an order directing you to attend court on a particular date to answer to the charge. A date may also be set for fingerprinting and photographing.
• The police may arrest a person with or without a warrant. A warrant is a document issued by a judicial officer that gives police the authority to carry out an arrest. In some circumstances, the police may arrest without a warrant. Whether or not a warrant has been issued, the threshold for an arrest is reasonable grounds to believe that the person has committed a criminal offence.

Regardless of how you are charged or taken into police custody, you have a right to speak to legal counsel. Your lawyer can negotiate bail conditions and advocate in court on your behalf.
In most cases, people who face criminal charges are released without any conditions being imposed other than the requirement that they attend in court. “Bail” is a term that has different meanings.  Often, “bail” refers to conditions of release as set by a justice of the peace or judge, with or without some type of security such as a cash deposit.

Conditions vary according to the circumstances of the offence that is alleged and the accused person’s background and personal characteristics. For example, a person charged with breaking and entering a dwelling house might be released on conditions to abide by a curfew, or having no contact with the residents of the house. You must be sure to follow all the conditions carefully; breaching them could result in further criminal charges. If you are uncertain what a bail condition means or find it difficult to comply, it may be possible to modify a condition in court with a judge’s approval. These are matters on which a lawyer can assist you.

What If the Charges are Dropped?

Having criminal charges withdrawn or stayed provides a major sense of relief and often signals the end of the matter.In Canada, prosecutors are expected to exercise a high degree of professionalism in the exercise of their duties and, by and large, that standard is followed. In rare situations, the conduct of a criminal case may fail to meet community standards of fair play and decency to the extent that the accused’s ability to defend himself or herself is compromised. Though they seldom arise, there have been situations where the courts have imposed costs on the Crown for breaching the accused’s fair trial rights: eg. R. v. Manywounds, 2007 ABPC 202. In Manywounds, a father and son were charged with assault and uttering threats. The Crown failed to disclose relevant information including a security videotape of the incident. Once the criminal proceedings were stayed, the defence applied for and received an order for $2,000 in costs.