Red Deer Criminal Lawyers

Red Deer criminal lawyers are the men and women of Red Deer’s legal community who defend people in the event of criminal prosecutions in Red Deer, Alberta. Red Deer criminal lawyers are essential players in the justice system. Sometimes criminal "lawyers" are referred to as criminal "attorneys" although this is generally considered more of a USA expression.

A criminal conviction can result in all sorts of negative consequences to the accused person including a cash fine, a drivers license suspension (in the case of impaired driving offences), forfeiture of property, a jail or prison term as well as a permanent criminal record. Probation orders can contain any number of conditions. Parole as well. Criminal proceedings and in particular a criminal conviction can change your life forever. The best Red Deer criminal lawyer is the one that is the one that is helping you deal with the system.

Criminal lawyers appear in court as trial lawyers but they also deal with all the other issues that accompany a criminal offence – such as arrest, detention, bail, release, arraignment, the conducting of a preliminary inquiry if there is one, speaking to sentence in the event of a finding of guilt (or a guilty plea) as well as sentencing and in many cases the later issues of release, probation and parole.

Criminal offences are generally those found in the Criminal Code of Canada. The criminal code was brought in as law in Canada in the late 1800’s and continues with many changes to this day. The Criminal Code is “Canada wide” and generally applies from coast to coast. There are more than 850 sections to the Criminal Code and as well there are numerous schedules and forms and a large number of regulations. It is all very complicated.

You can view an online copy of the criminal code through the federal Justice Department website.

Criminal offences in Canada can be summary conviction offences or indictable offences or they can be both. “Misdemeanor” and “felony” are really American terms. Some of the more common criminal offences in Canada are:

Possession of drugs,
Trafficking in drugs,
Conspiracy to traffic in drugs,
Money laundering,
Obstructing justice,
Failing to appear,
Assaulting a police officer,
Firearms, guns and other weapons offences,
Dangerous operation of a motor vehicle,
Impaired driving (sometimes known as “DUI” or "DWI" or “Driving under the influence”),
Driving over .08,
Refusing to blow,
Hit and run,
Criminal negligence,
Criminal negligence causing harm,
Criminal negligence causing death,
Common assault,
Spousal assault
Assault causing bodily harm,
Aggravated assault,
Sexual assault,
Aggravated sexual assault,
Pornography,
Internet pornography,
Assault with a weapon,
Theft “under”,
Theft “over”,
Robbery,
Armed Robbery,
Breaking and entering,
Fraud,
Forgery,
Mischief,
Arson.

There are of course many more offences such as murder (more properly called homicide) and treason and terrorism offences, but these are some of the more common.

With the impaired driving, DUI, DWI, driving over .08, and the refusing to blow charges the law is constantly evolving and the Red Deer criminal lawyer must always be cognizant of the changing landscape. Most defences to these impaired driving charges are “technical” defences which require a good and up to date working knowledge of the impaired laws.

Once charged an accused in Red Deer may or may not elect or have an election to have a trial in Provincial Court or in the Court of Queen’s bench and as well may or may not elect or have an election to have a preliminary inquiry. It depends on whether an offence is a summary offence or an indictable offence and in many cases, in which manner the Crown Prosecutor has decided to proceed. The same is true for whether or not the accused is entitled to have a jury trial. Your Red Deer criminal lawyer will be able to assist you in making these elections.

While the bulk of criminal offences are contained in the Criminal Code there are many other offences that are criminal in nature but which exist outside of the criminal code in other legislation. Some examples of such other legislation include:

Controlled Drugs and Substances Act,
Extradition Act,
Young Offenders Act,
Income Tax Act.

While most criminal offences are federal crimes, there are some provincial offences which are referred to as criminal or quasi-criminal in nature. Your Red Deer criminal lawyers will be able to assist you with these as well. Provincial legislation that might give rise to these offences could include:

Alberta Personal Income Tax Act,
Animal Protection Act,
Business Corporations Act,
Child Care Licensing Act,
Companies Act,
Dangerous Goods Transportation and Handling Act,
Employment Standards Code,
Environmental Protection and Enhancement Act,
Factors Act,
Fisheries Act,
Forests Act,
Franchises Act,
Fraudulent Preferences Act,
Gaming and Liquor Act,
Traffic Safety Act,
Insurance Act,
Legal Profession Act,
Maintenance Enforcement Act,
Matrimonial Property Act,
Personal Property Security Act,
Provincial Court Act,
Residential Tenancies Act,
Traffic Safety Act,
Wildlife Act.

You can view copies of these Alberta provincial laws at the official provincial “Queen’s Printer” website.

You can click here for information on any Court House in Alberta.

It is important in considering your criminal defence lawyer that you select one that is experienced and knowledgeable in the practice of criminal law. Patrick Penny is just that lawyer.

We are that counsel. We are that law firm. We are your Criminal defence lawyer.