An Overview of Domestic Violence Charges in Edmonton

Domestic violence can happen in many different kinds of relationships, including spouses or adult interdependent partners, between a parent and a child, and siblings. It can occur as a single event, or over the course of a long time. Domestic violence can involve physical and non-physical abuse, including threats, sexual assault, financial abuse, harassment, and more.

If anyone is in immediate danger, call 911. Domestic violence is a serious crime.

The intimate nature of domestic violence can make it particularly difficult for survivors to escape the abuse, as power dynamics within familial relationships may keep survivors silenced. Women and girls comprise two-thirds of those targeted by domestic violence in Canada.

Any criminal allegation should be treated seriously. Often, individuals facing charges of domestic violence have never before been charged with a criminal offense. If convicted, the accused may face substantial jail time.

Whether you or someone you love are facing allegations of domestic violence, or if you are a survivor looking for support in seeking justice, contact us today to book a consultation and learn how our Edmonton criminal lawyers may be of service to you.

What Is Assault in Canada?

Under the Criminal Code, assault is the non-consensual application of force or threat of forcefully touching another person. It is a broad category. Assault can be a physical altercation that causes serious, potentially life-threatening, injury. A perpetrator may likewise face assault charges after implying or attempting to imply the intention to cause physical harm.

By Canadian law, assault can take place in different forms:

Assault with a weapon, which can be any item used to cause physical harm. It may involve traditional weapons such as a gun or knife, but is not limited to such
Aggravated assault, in which the target of the assault is wounded, disfigured, maimed, or otherwise faces a life-altering adversity as a result of the assault
Sexual assault, which involves the violation of a person’s sexual integrity
And more

To learn more, including what these definitions may mean in your case, schedule a consultation with one of our Edmonton criminal lawyers today.

Defining Domestic Violence

There is no specific charge under Canada’s Criminal Code that pertains to domestic violence. Depending on the circumstances, an alleged perpetrator who has committed domestic violence may be charged with assault. The relationship between the complainant and the accused is a factor in the court’s decisions regarding the charges.

Other charges that may be related to domestic violence include mischief to property, unlawful confinement, intimidation, and more. Contact us today to discuss your particular circumstances, and learn what may be relevant in your case.

How Does Bail Work In a Domestic Violence Case?

Because of their intimate nature, cases of domestic violence often raise safety concerns that require specific precautions when it comes to bail. The person accused of domestic violence is typically forbidden to return to the family home or visit the complainant’s place of work.

Other bail conditions may include:

No-contact conditions, meaning the accused may not communicate in any way (directly or indirectly) with the complainant - even if the complainant attempts to initiate contact
No alcohol and/or drug consumption
Curfew
No contact with children
Or more

You must follow all the conditions of your bail, and attend all your court dates. With the assistance of an Edmonton criminal lawyer, you may be able to lift certain bail conditions through effective negotiation. Contact us today to learn how we might be able to help.

A Complainant’s Rights

In many domestic violence cases, the complainant is in a particularly vulnerable position. They may be involved in an ongoing relationship of some form with the accused. There may be a power imbalance that has prevented the complainant from being able to access support. In some cases, the complainant may wish to continue some form of a relationship with the accused.

There are supports available through organizations like the Edmonton John Howard Society’s Domestic Violence Prevention Centre, which provide information and guidance to individuals affected by domestic violence.

If you are a survivor of domestic violence, it may be in your best interests to speak with an Edmonton criminal lawyer to discuss your options. We approach each case with dedicated care, working to better understand the nuances of your situation. Your Edmonton criminal lawyers may be pivotal in helping you navigate contact with the Crown office regarding your case.

Because domestic assault charges fall under the Criminal Code, the Crown may proceed with charges even if the complainant asks that they be dropped.

Contact Our Edmonton Criminal Lawyers Today for a Consultation

Domestic violence is a serious crime and should be addressed with informed action. If you or someone you love are a survivor of domestic violence, our team of Edmonton criminal lawyers are here to listen to your circumstances and see how we may be of help. If you have been accused of domestic violence, our Edmonton criminal lawyers may be able to help clarify the particulars of your case in the service of justice. Contact us today to schedule your consultation.

** Please note, this article is intended as a general overview on the subject of domestic violence charges in criminal law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta criminal lawyer.

What is the Adult Alternative Measures Program in Alberta?

Being charged with a criminal offence is a very serious matter that can have lifelong implications for the charged offender. It can affect job opportunities, travel, education, and more. In the criminal justice system, the response should be proportional to the seriousness of the crime. The Adult Alternative Measures Program in Alberta has been structured to strive towards fulfilling this need.

Individuals who have been charged with a minor offence may be eligible to avoid a criminal record by completing this program as a diversion option. To learn more, and discuss how our Edmonton criminal lawyers may be able to help in your case, contact our team at Verhaeghe Law today and schedule a consultation.

Who is Eligible for the Adult Alternative Measures Program in Alberta?

The guidelines of the Adult Alternative Measures Program in Alberta stipulate that first-time adult offenders may be eligible, provided their charges are minor. A second time adult offender may likewise be eligible, provided a minimum of two years have passed since a previous finding of guilt, or since a previous participation in the Alternative Measures Program.

In certain exceptional cases, a Chief Prosecutor or designate may approve access to the Adult Alternative Measures Program to an individual who may otherwise have been ineligible.

Because eligibility is dependent on the particular circumstances of a given case, it may be advantageous to the charged offender to work with a criminal defence lawyer who understands the Adult Alternative Measures Program in Alberta. Contact our Edmonton criminal lawyers today to discuss how we might help.

How does the Adult Alternative Measures Program Work?

In order for a charge to be withdrawn, an eligible individual must meet a series of conditions. When determining which conditions are appropriate for a given individual, the Correctional Services Division of the Ministry of Justice and Solicitor General consider:

their age;
their education enrollment status;
their employment status; and
the amount of time available in which to fulfill the conditions.

The conditions must be commensurate with the crime, and every effort should be made to ensure the victim receives full restitution, compensation, and/or other sanctions, as appropriate to the circumstances.

An Adult Alternative Measures Agreement involves the following:

reporting to and being under the supervision of a probation officer;
pending a victim’s consent and availability, engaging in a victim; offender reconciliation program; and
meeting no more than three additional conditions, including but not limited to the following:
1. apologizing to the victim(s) personally or in written form;
2. performing personal service to the victim(s);
3. performing community service;
4. participating in community counselling or intervention program;
5. completing an essay or poster;
6. providing restitution, compensation, and/or a return of property to the victim(s);
7. participating in a restorative justice program;
8. and more.

Does Completing an Adult Alternative Measures Program Mean No Criminal Record?

Completing an Adult Alternative Measures Program in Alberta involves an accused individual “taking responsibility” for the offence, but it is not the same as pleading guilty. Through this program, there is no finding of guilt, and therefore no conviction. Upon successful completion of the program, the charges are typically withdrawn, and the accused individual does not have a criminal record.

For a year following the program, a reported entry pertaining to it will appear on any police or vulnerable sector reports. It may be possible to apply to have this entry expunged. Contact our Edmonton criminal lawyers to learn more.

Contact Our Edmonton Criminal Lawyers Today for a Consultation

Criminal charges are a serious matter. If you have been charged with a minor offence, it may be possible to accept responsibility and make amends by meeting the requirements of the Adult Alternative Measures Program in Alberta. Contact us today to schedule an appointment with our Edmonton criminal lawyers and discuss your eligibility, and how we may be of service to you.

** Please note, this article is intended as a general overview on the subject of criminal law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta criminal lawyer.

What Is a Conditional Sentence Order in Alberta?

Whether you are signing your life insurance documents, organizing a trust, or preparing to write a will, you will need to decide on a beneficiary or beneficiaries. This is a key part of planning for the future, and ensuring that your assets will be distributed according to your wishes. For those looking to streamline the process of settling an estate, naming beneficiaries often features on lists of tips on how to avoid probate in Alberta.

The field of estate law involves the management of a person’s property and assets after their death, and it includes the areas of estate planning and administration, as well as the resolution of conflicts that may arise. Our Edmonton probates and wills lawyers would be happy to discuss your particular needs and see how we may be of service in helping to structure your trust, will, or more.

What is a Beneficiary?

A beneficiary is somebody who receives assets and property originally owned by somebody else. In the case of the last will and testament left by an individual who has passed away, the beneficiaries are often the person’s close family members, such as a surviving spouse, children, and/or siblings.

People have the freedom to name who they wish as a beneficiary. This can be a friend or colleague, or even a charity or other organization. What you need to provide is a means for the executor of your estate to contact the beneficiaries.

When you name beneficiaries in your life insurance policy, RRSP, or other registered assets, those assets may go directly to your beneficiaries after your death, without ever becoming part of your estate, or being subject to probate.

What is a Contingent Beneficiary?

A contingent beneficiary is “second in line” to receive your assets after your death, or after the triggering event in the case of a trust. If the primary beneficiary is unable to receive the assets because they have died, are unreachable, or have explicitly refused the inheritance.

It is often a good idea to name a contingent beneficiary, to ensure your estate is distributed according to your wishes. Often, people will name their spouse as their primary beneficiary, and their children as their contingent beneficiaries. That way, if the spouse passes away before the assets are to be distributed, the funds will go to the children.

Considerations for Choosing Your Contingent Beneficiary

Just as you can choose whomever you like as your primary beneficiaries, so too can you choose anyone - or any entity - as your contingent beneficiary. However, there are some considerations you may wish to keep in mind.

If you choose a contingent beneficiary who is a minor, they will require a trustee to look after any funds they inherit, until they turn 18.

You may choose a contingent beneficiary that is not a person. Some people choose to give their money to a charitable organization, for example, should their primary beneficiary not be available to receive the assets.

If you are excluding a potentially obvious choice of beneficiary from your will, you may wish to consult with an Edmonton probates and wills lawyer. In order to minimize the potential that your will might be challenged, it may help to include an explanation of your decision.

Another consideration is the structure of your family. If one of your children passes away before you, would you prefer their spouse to receive the inheritance, or for your remaining children to split it equally? These questions can be challenging to address on your own, but being well-informed about the possibilities of estate planning can help reduce your and your loved ones’ stress in the future. Contact our Edmonton probates and wills lawyers today to discuss your case.

What Happens if I Don’t Name a Contingent Beneficiary?

If you do not name a contingent beneficiary, and your primary beneficiary is unable to receive your assets, then your registered assets become a part of your estate and are subject to probate. If you do not name a contingent beneficiary in your will and the primary beneficiary is unavailable, then your estate may be distributed according to the Alberta Intestate Succession Act.

Contact Our Edmonton Probates and Wills Lawyers Today for a Consultation

Working with a dedicated Edmonton probates and wills lawyer can be essential to ensuring your documents are in order, and your beneficiaries clearly chosen. Whether it is the preparation of a trust or the forming of your last will and testament, or more, our team at Verhaeghe Law would be pleased to discuss your circumstances and see how we may be of service to you. Contact us today to schedule your consultation.

** Please note, this article is intended as a general overview on the subject of estate law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta probates and wills lawyer.

Top 10 Reasons to Hire a Criminal Defense Lawyer

If you're facing criminal charges, you should really consider hiring a criminal defense lawyer. In fact, here are 10 reasons why hiring a criminal defense lawyer is one of the smartest decisions you can make in regards to your legal troubles.

Yes, there are a lot of people who do represent themselves in court and make it out okay. There are just as many people who end up losing their case on technicalities or even improper court procedures. When it comes to criminal cases, you do not want to go into court unprepared.

There is a long list of procedures to be followed when going to court. When the stakes are higher than a simple fine or parking ticket, you need to have a criminal defense lawyer in your corner.

Let's take a closer look at why lawsuits are harder to win while self-representing and why the chances of winning are higher with a lawyer.

Distinguishing Civil Law and Criminal Law

Entering civil litigation will always deal with two or more private parties against each other. In contrast, criminal litigation pits you versus the state or federal government. A criminal defense lawyer can argue in your favour whether any crime was committed or that it was a misdemeanour, not a felony (indictable offense).

For reference, a misdemeanour is categorized as a minor offence, such as a traffic ticket, petty theft, or small possession of an illegal substance. A felony always includes a prison sentence which often carries a punishment of at least one year in jail. The offences range from violent crimes of rape, assault, and murder to non-violent crimes of forgery, drug trafficking, and grand theft.

The burden of proof is also much higher for criminal law than civil law. To win a civil lawsuit, the plaintiff needs to only prove that the defendant is 51% liable for damages incurred (balance of probablities). Criminal lawsuits can only be won when the prosecution can prove "beyond a reasonable doubt" that the defendant committed the crime.

Without proper evidence on your side, you could be falsely charged and convicted without physical evidence. That's just the tip of the iceberg. Here are ten more reasons why you need to hire a criminal defense lawyer.

10 Advantages of a Criminal Defense Lawyer

Win your case in court with confidence with everything that a criminal defense team can bring to the table.

1. Law Can Be Treacherous

Navigating law by yourself can be long and almost endless. It's like peeling back layers of an onion with only your hands. You might get the surface figured out, but after that, you'll have to deal with a lot of pain and confusion.

Not only is the law written in such a complicated and foreign format, it is constantly changing. You need a criminal defense lawyer to avoid getting trapped in legal loopholes or self-incriminating tactics. Lawyers have to undergo over a years of dedicated learning, practicing, and updating their knowledge of the law.

2. Following Procedures

Every step you take while fighting a criminal case gets scrutinized and potentially penalized. A good lawyer is not going to let you compromise your own defense before even setting foot in court. There's a ton of paperwork and only one proper way of processing them.

These legal hurdles are often an artificial block preventing access to courts by those disadvantaged. Many prosecutors will use this fact to their advantage. This is easily observed in the appeals process, which can bury the accused in litigation and paperwork.

The courts often contain bottlenecks, rigid deadlines, and procedures that can rob you of personal responsibilities. A good law firm can put together entire teams that work together to make sure all the T's get crossed and I's get dotted. The prosecution has the full power and resource of the state behind them; make sure you have a dedicated team on your side to counter the formidable resource the government can bring to bear against you. As a matter of fact, you are more likely to win a plea bargain because the government values quick judgments over long, uncertain cases when they know they are up against a seasoned and experienced lawyer.

3. Over-budgeting Can Cost You

You should consider hiring an experienced criminal defense lawyer. If you insist on self-representing to save on lawyer fees, you could shoot yourself in the foot. The margin for error is small when preparing for court. If you miss-file or miss a deadline, you will pay.

You will not only lose on the time it took to file, you'll also get hit with heavy fees. With a criminal trial, you literally can't afford to make a mistake. All that money you saved by self-representing will mean nothing in jail. A good lawyer is going to eliminate these variables based on human error.

Emotions often get in the way of defending ourselves. This is especially true when our freedom is at stake. It's okay to be emotional when accused of something you did not do. Leave these emotions for after the verdict is decided in your favour.

4. Losing a Case, But Still Winning

Even with the evidence piled high against your case, a lawyer can work miracles. There are various perks to being an experienced lawyer, one of those is tenacity. They can present a convincing argument towards the judge and jury to minimize charges.

Instead of years in prison, they can offer to bargain for alternative sentencing. This can mean the difference between keeping your employment and losing it all.

Alternative sentencing can include house arrest, community service, work furlough programs, diversion, and rehabilitation programs. All of these alternatives look better on your record, as well. A convicted felon that has never spent time in jail is seen as more trustworthy than one who has.

Maybe the crime was committed out of ignorance or coercion. On paper, your crime deserves the time. An empathetic judge may see things differently, thanks to a convincing lawyer.

5. Pre-trial Motions and Settlements

A criminal defense lawyer can help you get justice in your case without ever stepping foot into court. As a matter of fact, 90% of criminal trials are decided in pretrial. The lawyer can plea bargain a lighter settlement in exchange for a guilty plea.

There are a number of reasons why a guilty plea is in your best interest. You could be stuck in jail for months if you cannot post bail. The length of the trial itself could last months, racking up more fees along the way.

Trying to plea bargain without representation is not recommended. Prosecutors will take advantage of you. Only a criminal defense lawyer can get you the justice you deserve.

6. "Who You Know" Matters

Experience buys you time, expediency, and also favours. A criminal defense lawyer works closely with judges, prosecutors, and legal clerks. This can result in relationships that work towards your benefit. The legal system is filled with overworked personnel that work long hours.

Your lawyer can offer the opposition and the judge the gift of a lighter caseload if they cooperate. This can be very useful for criminal trials regarding small businesses. White-collar crime is not prioritized over serious crimes, such as rape or murder.

A good lawyer is going to protect you against unfair trials, erroneous filings, and other tricks to earn a conviction. The prosecution will often present fines instead of jail time as an automatic victory for more convictions. We're here to let you know that is far from the truth. The goal should always be dismissal.

7. Combing Through Evidence

When a case has a lot of evidence to sort through and verify, human error becomes a huge factor. The handling of evidence also becomes a concern for any criminal trials. Many police stations and law offices are understaffed, which can result in loss or tampering of evidence.

You need a good criminal defense team that can go through each piece of evidence filed. All evidence must follow basic procedures in order to be deemed valid in court. If any inconsistencies or fabrications are detected, this can result in a complete dismissal in your favour.

When a case goes to trial, you need to be able to ask the right questions regarding testimonies and evidence. Any holes or contradictions discovered in the prosecution can sway a verdict. Evidence must be irrefutable and incontrovertible to truly stand up in criminal court.

If you are a fervent viewer of Judge Judy, for example, you will notice that much of the evidence presented gets thrown out. This is just what happens in civil courts, the bar is even higher in criminal litigation.

Legal exceptions to evidence include:

Former Testimony
Statement Against Interest
Hearsay
Obtained by Oppression
Obtained Without a Warrant
Tampering, Falsification, and Spoliation

These are just a few examples of how evidence can be tossed out. There are sets of rules that apply to Provincial and Federal law. The judge has a lot of power with regards to the dismissal of evidence if they determine that it will compromise the case's integrity.

Rules of evidence are put in place to keep jurors honest and as impartial as possible. A judge can advise a jury to discount certain evidence to retain relevance, rationality, efficiency, reliability, and overall fairness of the process.

8. Access to Professionals and Experts

An experienced lawyer has many tools at their disposal, including professional contacts that help make a convincing argument. Having a professional or expert in an industry enhances credibility. These testimonies can also provide education to the judge and jury that helps them see things differently.

Without the help of a lawyer, the cost of hiring an expert witness becomes astronomical. You may over-pay or hire someone over-qualified; a good lawyer will know what you need and how much it should cost.

The types of professionals that a defense lawyer utilizes extends to private investigators, as well. This can be vital for winning a case that is based on loose physical evidence. These contacts and decisions are often made in quick succession, giving you the best chance at building your defense.

9. Keep Your Record Clean

Your criminal record will follow you for the rest of your life. A criminal record can result in denial of employment, public housing, and various government assistance. It is very difficult to expunge a record, so your priority is prevention.

Even if hiring a criminal defense lawyer puts you into debt, it's worth saving your record. Whether you get a public victor or a quiet dismissal, the outcome is the same. If you lose a case, a lawyer can still help you by arguing for the conviction to stay off your record.

Not a lot of people realize this exception in criminal law. A criminal defense lawyer will also know needs to be done to expunge these charges. Even if your case is acquitted or dismissed, you can still have it on your record.

10. Nothing to Lose

There are no downsides to contacting a lawyer and inquiring about your case. Any reputable lawyer will offer a free telephone consultation for their services. Just having access to professional legal advice is valuable. A quick telephone call can save you a lot of stress, worrying and confusion.

They can provide insight as to just how much it will cost you to go to trial. Then, you can weigh the risks and what you'll really save by going solo. If your case is not winnable, we would not advise going to trial. Get justice fast and place faith in those working to keep your record clean.

Building Your Defense

Time is of the essence in a criminal defense case. You need to be building your case immediately upon being served your papers. Actually, hiring a criminal defense lawyer on retainer is ideal.

Do your research on who will be representing you. At Freedom Law, we are fully transparent with our services. You can read through our real testimonials and understand exactly what you will be facing. We offer extensive legal expertise across all major practices: builders liens, divorce, real estate, small business, corporate, civil, and criminal law.

Don't wait any longer, contact us today and gain peace of mind with your legal matters.