If you’ve been arrested on criminal charges in Alberta, or have come into a situation where you immediately require a criminal defence lawyer, it is crucial you remain silent until you have secured legal representation.
Anything you say can be used against you in criminal court and your best chance at building a good criminal case is to speak with a lawyer before you talk to any police officers.
Here are some general guidelines for you to follow after you are arrested.
Contact us right away so we can guide you through what to do next.
You can provide police with your basic information, such as your name, birth date, and address, but you are not required to answer any questions or give any statements about the alleged crime. According to the Canadian Criminal Code, anything you say or do can be used against you in court. It is best call a lawyer for advice as soon as possible in the case of a criminal offence to avoid any risk of a criminal record.
Contact us right away so we can guide you through what to do next.
Navigating the criminal justice system can be overwhelming. Whether you are facing summary convictions or serious indictable offenses, knowing what to expect can alleviate anxiety and help you prepare a strong defense. At Roulston Urquhart, we believe in total transparency. Below is a comprehensive timeline outlining the standard criminal court proceedings in Alberta, including estimated timeframes.
The criminal process begins when law enforcement initiates an investigation and decides to lay charges. You will either be arrested and held in custody, or released on an Appearance Notice or Promise to Appear, which will state the date of your first court appearance.
Estimated Timeline: Occurs immediately following an incident or at the conclusion of a police investigation. If arrested, you will be held for up to 24 hours before a bail hearing or released sooner with an Appearance Notice.
If you are held in custody after your arrest, you have the right to a bail hearing within 24 hours. A justice of the peace or a judge will determine whether you should be released pending your trial. Having an experienced Calgary criminal defence lawyer advocate for you at this stage is critical to avoiding pre-trial detention.
Estimated Timeline: By law, this must occur within 24 hours of your arrest if you are held in custody. If denied bail, a bail review in the Court of King’s Bench can take several weeks to schedule.
Your first appearance usually takes place in the Alberta Court of Justice. This is not your trial. The primary purpose of the first appearance is to inform the court whether you have retained a criminal lawyer in Calgary, to request initial disclosure (evidence) from the Crown Prosecutor, and to set a date for your next appearance.
Estimated Timeline: Usually scheduled 2 to 6 weeks after your arrest or release. This appearance itself is brief (often under 5 minutes).
“Disclosure” is the evidence the police and Crown have gathered against you (e.g., police reports, witness statements, video footage). Your legal team will carefully analyze every detail of this evidence to identify weaknesses, constitutional (Charter) breaches, and potential defenses.
Estimated Timeline: Initial disclosure is usually provided at or shortly after the first appearance. However, gathering and reviewing full disclosure for complex cases can take weeks or even months.
Before proceeding to trial, your defense counsel will engage in Early Case Resolution (ECR) discussions with the Crown Prosecutor. Depending on the strength of the evidence, this is where a skilled criminal defense lawyer in Calgary may negotiate to have charges withdrawn, reduced, or resolved through an alternative measures program.
This stage is also critical for steering eligible cases into alternative streams. For example, an experienced domestic assault lawyer in Calgary can often negotiate for a client to enter a counseling-based resolution program (such as HomeFront), which can ultimately lead to the criminal charges being completely withdrawn.
Estimated Timeline: Generally begins 1 to 3 months after your first appearance, once sufficient disclosure has been reviewed. Discussions can span several weeks as negotiations go back and forth.
If you are facing serious indictable offenses, such as severe fraud or complex sexual offenses, and choose to be tried in the Court of King’s Bench, you may have the right to a preliminary inquiry. This is a hearing to determine if the Crown has enough evidence to justify going to a full trial. Navigating these high-stakes hearings requires experienced defense counsel, such as specialized sexual assault lawyers in Calgary when dealing with complex personal allegations, to test the prosecution’s evidence early on.
Estimated Timeline: If required, this is typically scheduled 6 to 12 months after charges are laid, depending on court availability.
If your case cannot be resolved, it will proceed to trial before a judge (and potentially a jury, depending on the severity of the charge). The Crown must prove your guilt beyond a reasonable doubt. Your defense team will cross-examine witnesses, present evidence, and argue on your behalf.
Estimated Timeline: A trial date is usually set months in advance. Depending on the complexity, a trial can happen anywhere from 8 to 18 months (provincial court) or up to 30 months (superior court) after charges are laid. The trial itself can last from a single day to several weeks.
If you are found not guilty, you are free to go. If you are found guilty, the court will schedule a sentencing hearing. Sentences in Alberta can range from absolute discharges and fines to probation or imprisonment. A strong defense lawyer will heavily advocate for the most lenient possible sentence.
Estimated Timeline: If the judge needs time to deliberate, a verdict might be reserved for a few weeks. If found guilty, a sentencing hearing is generally scheduled 1 to 3 months after the verdict to allow for the preparation of pre-sentence reports.
If you believe there was a legal error made during your trial or sentencing, you have the right to appeal the decision to the Alberta Court of Appeal. You will need a dedicated criminal appeals lawyer in Calgary to navigate the strict timelines and complex legal arguments required at this level.
Estimated Timeline: A Notice of Appeal must usually be filed within 30 days of the sentencing or verdict. The appeal hearing itself may not occur for another 6 to 12 months, depending on the appellate court’s schedule.
The length of a criminal case varies widely. Summary (less serious) offenses may be resolved in a few months, while complex indictable offenses can take 18 to 30 months to go to trial. The Supreme Court of Canada (the Jordan decision) mandates that provincial court trials be completed within 18 months, and superior court trials within 30 months of charges being laid.
If you have retained a Calgary criminal lawyer, they can often attend your initial docket court appearances on your behalf, especially for summary charges. This allows you to continue working and living your life without taking time off for brief procedural updates. You must, however, attend your trial or preliminary inquiry.
Not necessarily. Being charged does not equal being convicted. By working with recognized defense counsel, there are many avenues to avoid a criminal record, including charge withdrawals, peace bonds, alternative measures programs, and absolute or conditional discharges.
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We acknowledge that our office is located on the traditional and ancestral territories of the peoples of the Treaty 7 Region and Métis Nation of Alberta, Battle River Territory, but that we serve the entire province of Alberta, which also includes the ancestral territories of the peoples of the Treaty 6 and 8 Regions, and the North Saskatchewan River, Peace River, Lower Athabasca River and Lesser Slave Lake Territories of the Métis Nation of Alberta.
