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Understanding Your Rights During a Police Encounter in Alberta [2025 Guide]
A police encounter can turn your day upside down in just a few seconds. When this happens—whether you're pulled over, questioned, or facing arrest—what you know can make all the difference. Understanding your rights isn't just for those accused of a crime. It's important for anyone in Alberta, especially if you have concerns connected to family, employment, criminal defense, or personal injury issues.
![Assault vs. Battery Charges in Alberta: What Families, Employees, and Individuals Need to Know [2025 Updated]](https://cdn.prod.website-files.com/633d0ee0966988f9ea7f0fe5/6806ae5754800209328789e9_6806ada7fb192a76ebadaead_assault.webp)
Assault vs. Battery Charges in Alberta: What Families, Employees, and Individuals Need to Know [2025 Updated]
When facing criminal allegations like assault or battery, it's easy to confuse one charge for the other. These terms often get used together, but in Alberta law, they're not the same. Knowing the differences matters, especially for families, employees, and anyone caught up in a stressful legal dispute. The outcome of your case often depends on this clear understanding.
What to Expect During a Criminal Trial in Alberta: Your Guide to Rights, Process, and Legal Representation
Facing a criminal trial in Alberta can feel overwhelming. The process is not just about rules and courtrooms—it’s about your life, your rights, and your future. Understanding the steps, from the first court appearance to the final verdict, empowers us to face each stage with clarity and strength.
![Understanding the Effects of Recent Legal Reforms on Criminal Defense, Family, and Employment Law [Updated for 2025]](https://cdn.prod.website-files.com/633d0ee0966988f9ea7f0fe5/6806a9ca2ee60f53374fd84f_6806a85f744ee9f13e9bc312_Criminal%20Defence.webp)
Understanding the Effects of Recent Legal Reforms on Criminal Defense, Family, and Employment Law [Updated for 2025]
The legal system is always changing, and the latest rounds of reform have left many people feeling uncertain about their rights. Whether you're facing criminal charges, handling a family dispute, navigating an employment issue, or dealing with a personal injury, new laws can alter the way your case is handled.
How to Create Effective Parenting Plans After Divorce: Legal Guidance from Family Lawyers, Divorce Lawyers, and More
Divorce isn’t just about ending a chapter—it’s about rewriting what family looks like, especially when children are involved. Creating a parenting plan after separation comes with a mix of hard emotions and tough decisions, and the right plan eases uncertainty for everyone.
How to Manage Stress During a Criminal Trial
Facing a criminal trial can be an overwhelming experience, filled with uncertainty and heightened emotions. The importance of stress management during this time cannot be overstated, as it can significantly impact both your mental well-being and your performance in court.
What to Do if You Are Wrongfully Convicted in Alberta?
Wrongful convictions represent a profound miscarriage of justice, impacting not only the lives of the individuals involved but also the integrity of the judicial system as a whole.
Understanding the Role of a Defense Expert Witness in Criminal Cases
In the intricate world of criminal justice, the role of a defense expert witness is pivotal. These professionals provide specialized knowledge that can significantly influence the outcome of a case. This article delves into the definition, importance, and various aspects of defense expert witnesses in criminal proceedings.
Navigating the Process of Expunging a Criminal Record in Alberta
Understanding the process of expunging a criminal record is crucial for many individuals in Alberta. A criminal record can have profound and lasting impacts on a person's life, affecting employment opportunities, housing options, and even social relationships.
What Should I Do Immediately If I’m Falsely Accused Of A Crime In Alberta?
First and foremost, remain calm and do not attempt to confront the accuser or anyone else related to the case. Confrontations can escalate the situation and potentially harm your defence. It is essential to seek legal representation promptly; a lawyer experienced in criminal defence can provide guidance and help protect your rights throughout the legal process.
What Is An Expert Witness In The Context Of An Alberta Criminal Trial?
In the context of an Alberta criminal trial, an expert witness is an individual who possesses specialized knowledge, skills, experience, or training that is beyond the scope of ordinary experience.
What Is The Main Difference Between Divorce Mediation And Litigation In Alberta Canada?
Divorce mediation is a collaborative process where a neutral third party, the mediator, helps the divorcing couple communicate and negotiate to reach a mutually acceptable agreement.
How Is Property Divided During A Divorce In Alberta?
In Alberta, the division of property during a divorce is governed by the Matrimonial Property Act. This legislation outlines how assets and debts should be divided between spouses when a marriage ends. Generally, the assets and debts acquired during the marriage are considered matrimonial property and are subject to equal division between the spouses.
What Is A Bail Hearing In Alberta?
A bail hearing in Alberta is a judicial proceeding in which a judge or justice of the peace determines whether an accused person should be released from custody while awaiting trial. This process is critical as it balances the rights of the accused with the need to ensure public safety and the integrity of the judicial process.
What Are Some Common Defences Against Assault Charges In Alberta?
One common defence against assault charges in Alberta is self-defence. If an individual can prove that they were protecting themselves from immediate harm, this can be a valid legal defence. This often involves demonstrating that the threat was imminent and that the force used was reasonable under the circumstances.
What Is Spousal Support In Alberta?
Spousal support, also known as alimony, refers to the financial assistance provided by one spouse to the other following a separation or divorce. It is a crucial aspect of family law that ensures fairness and financial stability during a challenging transition.
What Does “Best Interests Of The Child” Mean In Alberta Custody Cases?
In Alberta, the term “best interests of the child” serves as the guiding principle in all custody and parenting decisions. This standard prioritizes the child’s well-being, safety, and development above all else. Judges take into consideration a multitude of factors to determine what arrangement will best support the child's physical, emotional, and psychological needs.
What Is Considered Domestic Violence In Alberta?
In Alberta, domestic violence is identified as a recurring pattern of behavior utilized by one partner to assert authority and dominance over their intimate partner. This can involve a wide array of abusive behaviors, spanning from physical acts like assault to psychological tactics such as manipulation and threats.
What Constitutes Theft Under Alberta Law?
Under Alberta law, theft is legally defined as the unlawful act of taking property that rightfully belongs to another individual without their explicit permission, with the deliberate intent to permanently deprive the lawful owner of such property.
What Is Child Support, And Who Is Obligated To Pay It In Alberta?
Child support in Alberta is a legal obligation imposed on parents to provide financial assistance for their child's living expenses after the parents have separated or divorced. This obligation is based on the principle that both parents should share the responsibility of raising their child, irrespective of their living arrangements.
What Is The Process Of Filing For Divorce In Alberta?
Filing for divorce in Alberta requires at least one spouse to have resided in the province for a minimum of one year prior to the application. The process is initiated with the submission of a Statement of Claim for Divorce to the Court of Queen's Bench.
What Are The Consequences Of Impaired Driving Charges In Alberta?
In Alberta, facing charges for impaired driving carries significant legal penalties that can impact an individual's life profoundly. Upon conviction, the immediate consequences include a mandatory minimum fine that escalates with subsequent offences. First-time offenders face a fine of $1,000, with penalties increasing for repeat offenders.
What Are The Different Types Of Assault Charges In Alberta?
In Alberta, assault charges are categorized based on the severity of the act and the circumstances surrounding the offence.
What Should I Do If I'm Arrested Or Detained By The Police In Alberta?
If you find yourself arrested or detained by the police in Alberta, Canada, it's crucial to know and exercise your legal rights to safeguard your interests. First and foremost, remain calm and compliant to avoid escalating the situation.
How Can Mental Health Impact A Criminal Defence Case In Alberta?
In Alberta, Canada, the intersection of mental health and criminal law is a complex domain where psychological concerns can significantly influence the trajectory of a criminal defense case. Mental health issues can impact a defendant's ability to understand and participate in legal proceedings, which is a fundamental aspect of a fair trial.
What Should I Do If I've Been Falsely Accused Of A Crime In Alberta?
Being falsely accused of a crime can be an extremely stressful and overwhelming experience, especially if it happens in Alberta, Canada. Facing criminal charges is not only a threat to your reputation and freedom, but it can also have serious consequences on your personal and professional life.
What Should I Do If I'm Approached By The Police In Alberta?
It is important to know your rights and responsibilities if you are approached by the police in Alberta, Canada. This guide will outline what actions you should take to ensure that your encounter with the police is safe and respectful.
What Is A Diversion Program In The Context Of Criminal Law In Alberta?
A diversion program in Alberta is a form of alternative justice that aims to divert offenders away from the traditional criminal justice system. It provides an opportunity for individuals charged with a minor criminal offence to avoid prosecution and conviction by completing specific conditions or requirements set out by the program.
What Happens During The Arraignment Process In Alberta?
The arraignment process is a crucial step in the criminal justice system of Alberta, Canada. It marks the beginning of the formal court proceedings against an accused individual and involves several important steps.
Why Is It Crucial To Hire A Skilled Criminal Defense Lawyer For My Case?
When facing a criminal charge in Alberta, Canada, it is crucial to have a skilled criminal defence lawyer by your side. The consequences of being convicted of a crime can be severe, and without proper legal representation, you may find yourself at a disadvantage in court.
What Constitutional Rights Protect Individuals In Alberta When Facing Criminal Charges?
When facing criminal charges in Alberta, individuals are protected by several constitutional rights that ensure they receive a fair trial and are treated justly throughout the legal process. These rights are guaranteed under the Canadian Charter of Rights and Freedoms, which is part of the Constitution Act, of 1982.
What Is Considered "Extreme Intoxication" In Canada?
Intoxication is a state of being that impairs one's mental and physical capabilities, caused by the consumption of drugs or alcohol. While consumption of these substances is legal to some extent, it becomes a criminal offence when an individual displays extreme intoxication.
What Is A Conditional Sentence In The Context Of A Criminal Lawsuit In Canada?
A conditional sentence, also known as a suspended sentence or probation, is a sentencing option available in the Canadian criminal justice system. It is an alternative to incarceration and is usually reserved for non-violent offenders who have committed lower-risk crimes.
What Is Considered Shoplifting Under Canadian Law?
Shoplifting is a common crime that involves the taking of goods or merchandise from a retail store without paying for them. It may seem like a minor offense, but shoplifting is taken quite seriously under Canadian law.
What Does The Right To A Trial In A Reasonable Time Mean In Canada?
In the Canadian criminal justice system, every accused person has the right to a fair and impartial trial. This means that they must be given adequate time to prepare their defense and present their case before a court of law.
True Costs Of Impaired Driving
Impaired driving is a serious offense that can lead to hefty fines and punishments, not only in Edmonton Canada but in all provinces.
What Should I Expect If I’ve Been Charged With A Second Or Third DUI?
If you've been charged with a second or third DUI in Edmonton, Canada, then the penalties can be severe. In Alberta, driving after consuming alcohol or drugs is a serious offence and the consequences for conviction range from hefty fines to jail time.
What Is Drug Trafficking?
Drug trafficking is a very serious crime in Alberta criminal law, carrying hefty fines and potential jail time. To be convicted of drug trafficking, the accused must have knowingly supplied, transported, imported into Canada, or exported from Canada a narcotic substance, as defined by the Narcotics Control Act (NCA).
What Is Sexual Assault?
In Alberta, sexual assault is defined as any type of sexual contact without the consent of the person being touched.
Tips For Choosing and Hiring A Criminal Lawyer
The best criminal lawyer is not necessarily the most expensive or well-known. It’s important to consider factors such as experience, ability to understand your situation and goals, communication style, and track record.
What Steps Should I Take After Being Charged With Sexual Assault In Edmonton?
Once you have been charged with sexual assault in Edmonton Canada, certain steps must be taken to ensure your rights are respected and that the charge is handled properly.
How Can I Find The Right Lawyer For My Impaired Driving Charge?
Impaired driving in Edmonton is taken very seriously and the penalties can have a lasting impact on your life. There are two primary charges for impaired driving: Over .08 Blood Alcohol Content (BAC) and Driving While Ability Impaired (DWAI).
How Does Drug Impaired Driving Compare To Alcohol-Impaired Driving?
Since the introduction of new legislation in 2019, drug-impaired driving has become a growing concern for Canadian public safety. While alcohol-impaired driving cases increased by 15%, drug-impaired driving incidents rose by an alarming 43% that year.
How Can I Challenge An Edmonton Dui Charge?
If you have been charged with impaired driving or driving over 80 in Edmonton Canada, it is important to remember that you are not alone. There are a variety of defence strategies available to confront these charges and ensure you get the best legal outcome possible.
Is It Legal to Own Pepper Spray in Canada?
It is illegal to possess or carry pepper spray for self-defence in Canada. The Criminal Code of Canada defines a prohibited weapon as "any device designed to be used to injure, immobilize or otherwise incapacitate any person by the discharge therefrom...
How Can Pre-Charge Legal Advice Help Me?
Our criminal lawyers understand the importance of giving legal assistance at an early stage to ensure that your rights are protected. We can advise you on how best to respond and protect yourself if police contact you or attempt to question you concerning a criminal investigation.
What Is an Arrest Warrant?
An arrest warrant is typically issued when the police have reasonable grounds to suspect that an individual has committed a criminal offence. A judge or justice of the peace will decide whether to issue an arrest warrant based on the evidence presented by the Crown attorney or their designate.
Am I Allowed to Travel If There Is a Warrant for My Arrest?
If you have a warrant for your arrest, it is important to take action to clear the warrant. If not, this could lead to travel restrictions when trying to leave Canada or enter the United States. While domestic travel within Canada should not be an issue, airport security can still be informed of any current warrants by the RCMP which may prevent you from boarding your plane.
Celebrating Father’s Day After Divorce
First and foremost, it is important to communicate with your children. As a divorced parent, you still have the right to celebrate Father’s Day. Speak openly to your children about how they feel and make sure they understand that celebrating this day is something you both can do together no matter what changes have occurred in your family structure.
Divorce: How to Stop Cutting Weeks in Half
It’s important to remember that while the divorce process can be confusing and overwhelming, there are steps you can take to regain some control. One of these is to seek out guidance and support as soon as possible. Not only will a knowledgeable attorney provide invaluable insight into the legal aspects of your situation.
Making A Bail Review Application
Bail in criminal law is the release of an accused person prior to being tried in court for the alleged criminal offence. The Canadian Charter of Rights and Freedoms guarantees the right not to be denied bail without a reasonable cause. That suggests that, where the court sees a reasonable cause based on the position advanced by the crown, bail maybe denied.
Bail Application Upon Arrest
One of the concerns anyone arrested may have is that of their liberty going forward. They know they will have their day in court, but they may be worried if they will be in custody while dealing with that or be able to attend to it from their homes. In the Canadian administration of criminal justice, bail is allowed during the pendency of trial.
What are the sexual assault laws in Canada?
Sexual assault laws in Canada are defined in the Criminal Code of Canada and provide protection for individuals who have been subjected to unwanted sexual contact or conduct.
Real Estate Law in Alberta: An Overview
Real estate law in Alberta governs the buying and selling of real property, as well as the ownership and use of land. If you are involved in a real estate transaction in Alberta, it is important to have a basic understanding of the relevant laws and regulations.
Criminal Charter Rights in Canada: Protecting Individual Liberties
In 1982, the Canadian Charter of Rights and Freedoms became part of the country's Constitution, enshrining fundamental rights and freedoms for all citizens. These rights and freedoms play a crucial role in the criminal justice system, ensuring that individuals are protected from unjust treatment and arbitrary actions by the state.
Parenting After an Emergency Protection Order
With the implementation of the Protection Against Family Violence Act in Alberta, Emergency Protection Orders (“EPO’s”) have unfortunately become all too common in the family law world. Often, clients come to MD Law Group after an EPO has been granted against them and they are distraught because they are no longer able to see their child(ren).
Divorced with Children: What to Do During Summer Break?
hen it comes to planning for the summer, divorced parents must become creative and consider each parent's situation. One strategy is to alternate weeks between both parents, allowing kids to spend equal amounts of time with each during summer break. This could mean that one parent gets their week when the other has work or other commitments they need to attend to.
Family Mediation And The The Division Of Assets
Another important question to consider is how the division of assets will be handled. In many cases, couples can agree on who gets what without too much difficulty, but it's not always easy! Even small items like furniture and appliances can cause a great deal of dispute between parties during a divorce.
Effects of Divorce on School Aged Children
This is just one of the many examples of how divorce affects children. Children who experience parental divorce go through a range of emotions such as sadness, disappointment, confusion, and fear. They can also feel isolated, insecure, and angry. Divorce can have a significant psychological impact on kids that often carries over into adulthood.
What Is The Safe Roads Initiative In Alberta
The SafeRoads initiative is one of the most significant changes to Alberta’s impaired driving laws since the introduction of ‘check stops’ in 2000. As part of its responsibilities, SafeRoads has the power to issue administrative penalties rather than prosecuting impaired driving offenses through criminal courts.
Fresh Evidence Through A Private Investigator
Fresh evidence on appeal, as it suggests, implies new evidence that was not brought before the trial court. Consequently, the applicant seeks to use it at the appeal court. Appeals are generally decided based on the records from the court below and the arguments of counsel, not new trial.
How Do I Qualify For Spousal Support?
Normally when married people decide they no longer want to be married, there are so many different factors that need to be considered. One of them is spousal support.
How Do I communicate respectfully With My Ex After Divorce?
It is hard to think about having to not only navigate a divorce but also continue to work on parenting with your former spouse. It can feel like an uphill battle, and it can be especially difficult when you are running around juggling your children's various activities.
How Can I Strengthen My Marriage and Avoid Divorce?
Nobody likes to think about the possibility of a divorce, especially when there are children involved. Unfortunately, sometimes it is the only way forward for couples who no longer share compatible goals and values. It is important to remember that ending an unhappy marriage does not mean failure
How Does Divorce Mediation Put My Children’s Best Interest First?
Divorce can be an emotionally draining process and one that can leave lasting repercussions in the lives of children. It is imperative to ensure that the best interests of any involved children are considered above all else when navigating a divorce. This means placing their emotional needs first and understanding how they may be affected by the proceedings.
How Do I Help My Child Adjust After Divorce?
Now is the time to focus on your children's needs and adjust to new roles. It's important to remind them that the divorce was not their fault and that you both still love them. Having a flexible parenting plan in place can help create stability for your kids, so make sure you discuss expectations with your ex about how each of you will handle different situations.
What Should I Consider While Going Through A Divorce?
A divorce entails the breakdown of a marriage with no possibility of reconciliation, where spouses have lived separate and apart for at least one year; a spouse has committed adultery, or a spouse has been treated with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.
How To Manage Changing Relationships During The Holidays?
Making decisions about how to spend Christmas Day with your children may be among the most difficult conversations you’ll have during this divorce. This is not only because you disagree on what would be best for them, but also because of the emotions that come from having a strained relationship at such an important time of year.
How To Support Friends And Family Through A Divorce?
Your friend or family member is likely dealing with a range of emotions, from anger and sadness to confusion and guilt. Reaching out and showing your support can help them feel seen and heard during this difficult time.
How To Tell Your Children About Your Separation?
When talking about separation with your children, make sure, to be honest, but gentle. Explain what has happened without going into too much detail. Keep in mind that children may never fully understand why this had to happen and they may need help processing their emotions and questions surrounding the situation.
What Is Constructive Dismissal?
Constructive dismissal occurs when the employer begins pushing the employee out of the door by breaching the terms of the contract. A reduction in pay, a demotion, changing your job location, or harassment and bullying, are all examples of conduct that show an express intention by the employer to force you, the employee, to quit.
Going Through A Divorce In Alberta?
A most common question from clients when dealing with a divorce is, “what is the first thing I need to think about?” My question in response is, “do you have children?” If yes, children always come first. If not, we move on to discuss other things that you should consider
What is Considered Excessive Force?
Section 7 of the Canadian Charter of Rights and Freedoms guarantees that everyone in Canada has “the right to life, liberty, and security of the person, and the right to not be deprived of those things except in accordance with the principles of fundamental justice.”
Freedom of religion versus Covid 19 restrictions
On February 7 Mr. Coates was arrested and charged for holding church services over the capacity limits set by the Alberta government. This marked his officially entry into the criminal justice system. When a person is arrested and charged, a decision must be made about what restrictions should be imposed until the charges are resolved.
Entrapment after Ahmad
The Supreme Court of Canada released their decision on the case of R v Ahmad on May 29, 2020. The case upheld and crystalized the existing legal test and clarified some issues about how the test is to be used in dial-a-dope operations.
How to Defend Yourself Against Uttering Threats Charges in Edmonton
Many people are shocked when they are charged with uttering threats by the police, but in Canada, uttering threats is a criminal offense that can result in a criminal record and even a maximum five-year jail sentence.
What does it mean to be Not Criminally Responsible due to Mental Disorder
Each year approximately 20% of Canadians experience a mental health problem or illness and by age 40 half of Canadians will have or have had a mental illness. What happens when a person suffering from a mental illness is incapable of controlling their actions and commits a crime?
Parole and Absences from Prison
Paul Bernardo, infamous serial killer, and rapist was recently denied for parole again for the second time in three years. Despite being handed a life sentence in 1993 he has been eligible to apply for parole in one form or another since 2008.
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What Our Clients Say About Us...
Hear from some local people we've been able to help.
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Dan was amazing he stepped up and helped us when no one would. We would reccomend him to help you out too if you need it. He was fair and honest with all answers and very knowledgable of the system. Thank you again Dan and all the staff at the office for going above and beyond. The Lafrances.
Lindsey LaFrance
2 years ago
Dan was very professional and confident with going into trial to fight my case. What he did in the plea bargain. Was just amazing! Thank you Dan for all your hard work!
Ron Rhine
11 months ago
Dan Murphy is your man!! If you have found yourself in unfortunate circumstances and you need someone you can count on. Look no further Dan is the lawyer for you!! He is very professional, reliable, compassionate and understanding. Not to mention his fees are more than reasonable and worth every penny!! No more sleepless nights, tossing and turning with Dan on your side. You will rest well knowing you've made the right choice! The confident reliable choice!
Anonymous Anonymous
a year ago
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