Criminal lawyers play a vital role in the Canadian justice system. Without criminal lawyers, the justice system would be far less effective, and many innocent people would be convicted of crimes they did not commit. Keep reading to learn more about the role of Calgary criminal lawyers in the Canadian justice system.
Counsel
If you have been arrested or charged with a crime, you will need a criminal defence lawyer to provide counsel. A criminal defence lawyer will have experience in criminal law and will be familiar with the criminal justice system in Calgary or anywhere else in Canada. They will be able to advise you on the best course of action.
There are a few things that a criminal defence lawyer will typically advise their clients to do in order to improve their chances of a favourable outcome in their case. First and foremost, they will likely recommend that their client stay out of trouble while their case is pending. This means that they should avoid any further criminal activity and should also comply with all court orders and directives.
Additionally, a criminal defence lawyer may advise their client to get their affairs in order. This could mean getting their financial affairs in order, putting their affairs in order in the event that they are incarcerated, and making arrangements for the care of their children or other dependents.
Finally, a criminal defence lawyer may also advise their client to build a good relationship with their assigned prosecutor. This could mean maintaining communication and cooperating with the prosecutor, even if the prosecutor does not seem favourable to the defendant’s case.
Representation
While you are allowed to represent yourself in court, there are a variety of reasons why it is better for a criminal defence lawyer to represent you instead. One of the most important is that they have the knowledge and experience to navigate the criminal justice system. They can help ensure that your rights are protected and that you have the best chance at a favourable outcome.
Without a lawyer to represent you, you could severely damage your case and end up with a ruling against you that you could have avoided if you had representation. The legal process is also complicated, and you may not know all of the relevant laws. You could make a mistake in your pleadings or in your argument that a lawyer would avoid. Further, judges and other court personnel are often more likely to take the word of an experienced lawyer over that of a self-represented party. This can be critical in cases where evidence is disputed or credibility is key.
Negotiations
A plea negotiation is an agreement between a prosecutor and a criminal defendant that the defendant will plead guilty in exchange for certain concessions from the prosecutor. These concessions may include a reduction in the charges against the defendant, a waiver of certain rights, or a sentence recommendation from the prosecutor.
A criminal defence lawyer may be able to negotiate a plea bargain with the prosecutor. This would involve the accused person admitting to certain facts of the crime in exchange for a lesser sentence. If a plea bargain cannot be reached, the lawyer may be able to challenge the evidence against you or argue that your rights have been violated.
Plea negotiations are common in criminal cases and often result in a defendant receiving a more lenient sentence than they would have received if the case had gone to trial. However, plea negotiations are not always successful, and a defendant may choose to plead not guilty and take the case to trial.
The role of the criminal lawyer in the Canadian justice system is an important one. Lawyers play a crucial role in ensuring that the accused receive a fair trial. They also work to protect the rights of the accused and ensure that the law is followed.