In the realm of sexual assault defence, one of the cornerstones of a just and fair legal process is the principle of confidentiality. It is a vital aspect of protecting the rights and interests of both the accused and the accuser. Legal proceedings can be emotionally charged and complex, and confidentiality ensures that sensitive information is safeguarded while the accused receives a fair defence. In this article, we will delve into the significance of confidentiality in sexual assault defence and the crucial role played by a trusted sexual assault lawyer in upholding this principle.

1. Protecting the Accuser’s Privacy

The accuser, often referred to as the complainant, has a right to privacy and protection from unwanted disclosure of personal information. In sexual assault cases, it is essential to safeguard their anonymity and prevent any harm that may come from public scrutiny or potential retaliation. The legal system recognizes the importance of protecting the accuser’s identity to encourage reporting and to prevent fear of retribution.

Confidentiality in sexual assault defence ensures that the accuser’s personal information, such as their name, address, and other identifying details, remains protected throughout the legal process. This not only supports the well-being of the accuser but also maintains their willingness to come forward, aiding in the pursuit of justice.

2. Preserving the Accused’s Rights

Just as the accuser deserves privacy, so does the accused. The presumption of innocence is a fundamental principle of the legal system. Confidentiality is crucial to protect the accused from potential harm to their reputation, employment, or personal life. By maintaining confidentiality, the accused can defend themselves without unnecessary public scrutiny and with the assurance that their rights are respected.

3. Encouraging Honest Communication

Confidentiality is a cornerstone of promoting honest and open communication between the accused and their legal counsel. In sexual assault defence, effective communication is essential for building a strong defence strategy. When clients can discuss sensitive matters openly, they enable their lawyer to construct the most robust possible defence. The assurance of confidentiality fosters trust between the client and their legal representation.

4. Protecting Sensitive Evidence

Sexual assault cases often involve highly sensitive evidence, such as medical records, psychological evaluations, and witness testimonies. To ensure the integrity of the legal process and protect the dignity of all parties involved, confidentiality plays a pivotal role in safeguarding this evidence. Sexual assault lawyers are well-versed in handling sensitive information discreetly and professionally.

5. Preventing Witness Intimidation

Witnesses play a crucial role in sexual assault defence cases. To protect witnesses from intimidation, retaliation, or harassment, it is essential that their identities and statements remain confidential. Maintaining witness confidentiality encourages individuals to come forward and provide critical testimony without fear of reprisal.

6. Upholding Professionalism

Confidentiality is an integral part of the legal profession’s commitment to professionalism and ethics. Lawyers are bound by a strict code of conduct, which includes maintaining client confidentiality. By upholding these standards, sexual assault lawyers demonstrate their dedication to ensuring a fair and just legal process.

The Role of a Trusted Sexual Assault Lawyer

A trusted sexual assault lawyer is a crucial ally in maintaining confidentiality in sexual assault defence cases. These legal professionals are well-versed in the sensitive and complex nature of these cases and are committed to upholding the principles of confidentiality. Here’s how they contribute to the protection of confidentiality:

1. Legal Expertise: Sexual assault lawyers possess the legal knowledge and experience necessary to navigate complex legal proceedings while protecting the confidentiality of all parties involved.

2. Safeguarding Client Information: Lawyers prioritize the protection of their client’s information, ensuring that all sensitive details remain confidential.

3. Managing Sensitive Evidence: Sexual assault lawyers are skilled in handling sensitive evidence, from medical records to witness testimonies, in a discreet and professional manner.

4. Communication: These professionals promote open and honest communication with their clients, establishing trust and ensuring that clients can share critical information without fear of disclosure.
5. Witness Protection: Sexual assault lawyers take measures to protect the identities of witnesses, preventing intimidation or retaliation.

Conclusion

Confidentiality is a cornerstone of sexual assault defence, serving to protect the rights and well-being of both the accused and the accuser. It promotes open communication, safeguards sensitive evidence, and upholds the principles of professionalism within the legal profession. A trusted sexual assault lawyer plays a pivotal role in preserving confidentiality, ensuring that legal proceedings are just, fair, and respectful of all parties involved. By maintaining confidentiality, the legal system upholds its commitment to justice and the protection of individual rights.

When you find yourself facing a criminal charge, the trajectory of your future hangs in the balance. Having the right legal representation by your side is crucial. Timothy Dunlap, an esteemed criminal lawyer recognized throughout Calgary and Edmonton, boasts an extensive background spanning over twenty-six years. Irrespective of the nature of the criminal charge you’re facing, Timothy Dunlap possesses the invaluable expertise, skills, and impeccable reputation that are instrumental in achieving your desired outcome. As an experienced criminal defence lawyer, he specializes in cases

Domestic violence cases are among the most sensitive and challenging legal matters in Canada. They involve allegations of violence or abuse within the confines of a domestic relationship, potentially leading to serious legal consequences for those involved. In Calgary, the role of a domestic violence lawyer cannot be overstated. These legal professionals play a crucial role in building a strong defence and safeguarding the rights of individuals facing domestic violence allegations. In this guide, we’ll delve into the importance of having a domestic violence lawyer in Calgary, their role in your defence, and the legal strategies they employ to protect your rights in domestic violence cases.

Understanding the Role of a Domestic Violence Lawyer

Judge as he listens to the case.Other photos related to this series:

A domestic violence lawyer is a legal expert who specializes in cases involving allegations of abuse or violence within domestic relationships, including spousal abuse, partner violence, and child abuse. Their primary role is to provide legal representation to individuals facing domestic violence charges or accusations. Here’s an overview of their essential functions:

1. Legal Counsel: A domestic violence lawyer offers legal advice and guidance to the accused, explaining their rights, potential consequences, and available legal options. They ensure their clients understand the legal process ahead.

2. Case Assessment: The lawyer assesses the details of the case, including evidence, witnesses, and the alleged victim’s statements, to formulate a defence strategy tailored to the specific circumstances.

3. Defence Strategy: Building a strong defence is paramount in domestic violence cases. Lawyers strategize on how to challenge the prosecution’s evidence, undermine witness credibility, or establish an alternative narrative.

4. Representation: Lawyers represent their clients during court proceedings, negotiations with the prosecution, and interactions with law enforcement. They advocate for their client’s interests at all stages of the legal process.

5. Negotiation: In some cases, domestic violence lawyers work to negotiate plea bargains or settlements that may result in reduced charges or penalties. This can be an essential strategy to protect the accused’s interests.
6. Protection Orders: If a protection order is issued against the accused, a domestic violence lawyer can help navigate the legal process for modifying or challenging the order, if appropriate.

Building a Strong Defence: Legal Strategies

Building a strong defence in domestic violence cases requires a comprehensive and strategic approach. Domestic violence lawyers in Calgary employ various legal strategies to protect their client’s rights and achieve the best possible outcome. Here are some key strategies commonly used:

1. Examining the Evidence: Lawyers meticulously review all available evidence, including police reports, medical records, photographs, and witness statements. They look for inconsistencies, errors, or any factors that could cast doubt on the prosecution’s case.

2. Witness Testimony: Challenging the credibility of witnesses is often crucial in domestic violence cases. Lawyers may cross-examine witnesses to uncover inconsistencies in their statements or motives to fabricate accusations.

3. Establishing Self-defence: In cases where the accused claims self-defence, lawyers work to provide evidence supporting this claim, such as injuries sustained by the accused or evidence of a history of abuse by the alleged victim.

4. Exploring Alternative Explanations: Lawyers may present alternative explanations for the alleged victim’s injuries or accusations. This could involve exploring other potential sources of injuries or casting doubt on the accuracy of the allegations.

5. Expert Witnesses: Depending on the circumstances, lawyers may engage expert witnesses, such as medical professionals or psychologists, to provide testimony that supports the defence’s narrative.

6. Protection of Rights: Ensuring that the accused’s rights are upheld throughout the investigation and legal process is critical. Lawyers scrutinize police conduct, evidence collection, and due process to identify any violations that could impact the case’s outcome.
7. Negotiation and Settlement: When it is in the best interests of the accused, lawyers may engage in negotiations with the prosecution to reach a plea agreement that reduces charges or penalties.

Conclusion

In Calgary, facing domestic violence allegations is a complex and emotionally charged experience. It’s crucial to have the support and representation of a skilled domestic violence lawyer who understands the nuances of these cases. These legal professionals play a pivotal role in building a strong defence, protecting their client’s rights, and navigating the legal system with expertise and precision. If you find yourself facing domestic violence allegations or charges, seeking the counsel of a domestic violence lawyer in Calgary is a crucial step in safeguarding your legal rights and pursuing the best possible outcome in your case.

In the realm of criminal law, the pursuit of justice relies heavily on the availability and presentation of evidence. It is the responsibility of both the prosecution and the defence to bring forth compelling evidence that can sway the outcome of a case. For criminal defence lawyers in Edmonton, this task is not just a matter of skill; it’s an art that demands strategic thinking, meticulous investigation, and a deep understanding of legal nuances.

Understanding the Role of Criminal Defence Lawyers in Edmonton

Detective showing criminal small bag with white powder as evidence

Criminal defence lawyers in Edmonton play a pivotal role in ensuring that individuals accused of crimes are granted a fair trial and their rights are upheld. Their primary objective is to challenge the evidence presented by the prosecution, create a strong defence strategy, and safeguard the presumption of innocence until proven guilty. To achieve this, defence lawyers must not only possess legal expertise but also master the art of uncovering crucial evidence that might be hidden beneath layers of complexity.

The Crucial Role of Evidence

Evidence forms the cornerstone of any legal proceeding. It has the power to determine whether a defendant will be acquitted or convicted. Criminal defence lawyers in Edmonton understand the gravity of this and leave no stone unturned in their quest to uncover evidence that can make a difference.

Meticulous Investigation: The Heart of the Matter

One of the most effective tools in a criminal defence lawyer’s arsenal is their ability to conduct thorough and meticulous investigations. These investigations often lead them to uncover evidence that might have been overlooked or dismissed by others. Whether it’s examining the crime scene, analyzing witness statements, or delving into the minutiae of forensic reports, every detail is scrutinized with an unwavering commitment to justice.

Navigating Legal Channels

Criminal defence lawyers in Edmonton are well-versed in navigating the complex legal landscape. They know how to obtain evidence through legal channels while respecting the rules and regulations that govern the collection of evidence. This involves filing the necessary motions, presenting compelling arguments to judges, and ensuring that the evidence they uncover is admissible in court.

Leveraging Expert Witnesses

In certain cases, the expertise of specialists can be the key to unlocking hidden evidence. Criminal defence lawyers in Edmonton collaborate with a network of expert witnesses who can provide insights that go beyond the surface. These experts can include forensic scientists, medical professionals, psychologists, and more. Their testimony can shed light on intricate technicalities that might be beyond the comprehension of a layperson, ultimately swaying the direction of a case.

The Intersection of Technology and Evidence

In today’s digital age, evidence often takes the form of electronic data. Criminal defence lawyers in Edmonton understand the significance of electronic evidence, which can range from surveillance footage to digital communications. They employ cutting-edge technology and forensic techniques to recover, analyze, and present electronic evidence that might be pivotal to the defence strategy.

Challenging Witness Testimonies

Witness testimonies can be a goldmine of evidence, but they can also be unreliable or biased. Skilled criminal defence lawyers in Edmonton know how to cross-examine witnesses effectively, probing for inconsistencies and exploring alternative narratives. By meticulously dissecting witness statements, they might uncover hidden truths that can weaken the prosecution’s case.

Building a Comprehensive Defence Strategy

The art of uncovering evidence is not a standalone process; it’s an integral part of building a comprehensive defence strategy. Criminal defence lawyers in Edmonton amalgamate the evidence they uncover with legal expertise and a profound understanding of the case’s context. This synthesis allows them to craft a defence that not only challenges the prosecution’s evidence but also presents an alternative narrative that supports their client’s innocence.

Conclusion

In the pursuit of justice, criminal defence lawyers in Edmonton stand as pillars of integrity and diligence. Their expertise in uncovering crucial evidence is a testament to their commitment to ensuring a fair trial for every individual, regardless of the charges they face. Through meticulous investigation, strategic legal maneuvers, and an unwavering dedication to their clients, these lawyers navigate the complex world of criminal law, ultimately working to tip the scales of justice in their client’s favour.

For criminal defence lawyers in Edmonton and across the globe, a shroud of myths and misconceptions often obscures the truth. These misconceptions are born from sensationalized news stories, movies, and television shows that paint defence attorneys in a negative light. However, behind the dramatic portrayals lies a profession that is indispensable to the justice system, ensuring fair trials and upholding the rights of the accused. In this captivating blog, we will embark on a quest to debunk the most common myths surrounding criminal defence lawyers. Brace yourself as we unravel the truth and shed light on the remarkable world of these legal warriors.

Myth #1: Criminal Defence Lawyers Only Defend Guilty People

One of the most pervasive myths about criminal defence lawyers is that they only represent guilty individuals. This notion couldn’t be further from the truth. Defence attorneys are committed to upholding the constitutional rights of all individuals, regardless of their guilt or innocence. Their role is to ensure that the accused receives a fair trial, challenge the prosecution’s case, and hold the government accountable for proving guilt beyond a reasonable doubt. By providing a vigorous defence, they contribute to the overall integrity of the justice system.

Myth #2: Criminal Defence Lawyers Manipulate the Truth to Get Their Clients Off

Another common misconception is that criminal defence lawyers use manipulative tactics and dishonesty to secure favourable outcomes for their clients. While it’s true that defence attorneys utilize legal strategies to protect their client’s interests, their goal is not to distort the truth. Instead, they focus on analyzing the evidence, scrutinizing the prosecution’s case, and presenting the most compelling defence possible within the bounds of the law. Their duty is to ensure that the legal process is fair and just, not to deceive or undermine the truth.

Myth #3: All Criminal Defence Lawyers Are the Same

Some people mistakenly believe that all criminal defence lawyers in Edmonton and across the world are cut from the same cloth, characterized by greed and unethical behaviour. In reality, defence attorneys come from diverse backgrounds and possess varying levels of experience and expertise. Just like any other profession, there are outstanding lawyers who are passionate about justice and dedicated to their client’s best interests. It’s crucial to recognize that not all defence lawyers are alike and that many strive to make a positive impact on the lives of their clients and the justice system as a whole.

Myth #4: Criminal Defence Lawyers Don’t Care About Victims

Contrary to popular belief, criminal defence lawyers are not indifferent to the plight of victims. While their primary duty is to represent the accused, it doesn’t mean they lack empathy for victims and their families. Defence attorneys play a vital role in ensuring that the legal process is fair and that the rights of all parties involved are protected. By holding the prosecution accountable and examining the evidence meticulously, they help prevent wrongful convictions and contribute to a more just and equitable criminal justice system.

Myth #5: Hiring a Criminal Defense Lawyer Guarantees an Acquittal

Some individuals believe that hiring a criminal defence lawyer in Edmonton or your local area automatically guarantees an acquittal. While skilled defence attorneys can significantly impact the outcome of a case, they cannot guarantee a specific result. The role of a defence lawyer is to present the strongest defence possible and advocate for their client’s rights. They work tirelessly to poke holes in the prosecution’s case, challenge evidence, and ensure their clients receive a fair trial. The ultimate decision lies in the hands of the judge or jury, who weigh the evidence and determine guilt or innocence.

Final Thoughts

In a world filled with misconceptions, it is imperative to strip away the falsehoods surrounding criminal defence lawyers and unveil the reality of their vital role in the pursuit of justice. By debunking the myths that distort their reputation, we can appreciate the dedication, ethics, and professionalism exhibited by these attorneys. So, let us embrace a deeper understanding of their pivotal contributions as they navigate the complexities of the legal system, fight for justice, and safeguard the principles upon which our society thrives. Remember, the next time you hear a myth about criminal lawyers, recall that the truth is far more intriguing and inspiring than fiction.

When you find yourself facing a criminal charge, the trajectory of your future hangs in the balance. Having the right legal representation by your side is crucial. Timothy Dunlap, an esteemed criminal lawyer recognized throughout Calgary and Edmonton, boasts an extensive background spanning over twenty-six years. Irrespective of the nature of the criminal charge you’re facing, Timothy Dunlap possesses the invaluable expertise, skills, and impeccable reputation that are instrumental in achieving your desired outcome. As an experienced criminal defence lawyer, he specializes in cases involving impaired driving/DUI, domestic violence, and sexual assault. With his help, you can safeguard your future. Contact him today at (403) 474-8222!

It is one of the most common orders administered by the Court: a peace bond. Unfortunately, a lot of people don’t know the finer details that come with a peace bond. 


What does the bond entail? How long does it last? What are the conditions? What happens if you breach it? 


This blog post aims to breakdown and answer all the key questions that come with a peace bond. 


Everything You Need To Know About Peace Bonds 


What Is A Peace Bond? 

Under section 810 of the Criminal Code, a peace bond is a protection order administered by a judge. It is used when a defendant appears likely to commit a criminal offence or hurt other individuals. Anybody who fears for their, and their family’s safety, can obtain a peace bond against the defendant from the Court.


peace bonds Edmonton

How Long Does A Peace Bond Last? 

Peace bonds can be enforced anywhere across Canada and can in place for up to one year, with a minimum of six months. However, if the threat remains consisted after the year, then the peace bond can be extended. 


A peace bond is set up with certain conditions imposed by the Court. If the defendant were to break the terms of the peace bond, the action would be classified as a criminal offence, and therefore, the defendant would be criminally charged. 


What Conditions Can Be Included In A Peace Bond? 

There are many conditions which can be imposed in a peace bond, which the defendant must follow. Your Edmonton defence lawyer will be able to help you understand or plead a case against these conditions. Conditions can include: 

  • The defendant must “keep the peace” and be on good behavior for a period of 12 months
  • They must not under any circumstance contact (via phone, text message, social media or letters) the victim or person that has issued the peace bond. They must also not contact family members or relatives that are related to the victim 
  • They are forbidden to visit the person’s home 
  • The defendant must not use any non-prescription drugs or alcohol, and if required, they will have to provide bodily samples to ensure they are following the conditions stipulated 
  • Defendants are forbidden from owning or using weapons of any sort 
  • They must also pay or agree to pay a cash bond to the Court 

While these are the common conditions that are imposed by the Court, there are any other conditions, that are strictly related to your situation, that can be imposed in the peace bond. Having an Edmonton criminal defence lawyer presence can help you with your case. 


Can You Plead Your Case Against The Peace Bond?

Yes, you can. For a peace bond to be issued, a peace bond hearing has to take place. A justice of the peace will listen to the evidence presented by both sides (the complainant and the defendant) and will decide whether the complainant has shown that on the “balance of probabilities” the defendant will cause injury. 


You will be able to defend your stance during this hearing, but you should do it without speaking to your criminal lawyer in Edmonton. As the decision is out of your hands, it is best to get legal advice based on the circumstances of the case. 


Is Agreeing To A Peace Bond The Same Thing As Pleading Guilty? 

No, it is not the same. It is considered a separate entity, and once a person enters into a peace bond, it means that there is no finding of guilty. While the peace bond is still in effect, it will appear in a criminal record check for the police. Once it expires, it should be removed from your record. 


However, in some cases, a person might enter a peace bond is to avoid a criminal record. 


What Happens If You Break Or Disobey The Peace Bond? 

Breaching any condition of the peace bond is a criminal offence. Whether you intentionally violate the peace bond or get involved in other illegal activities while on the bond, you will be charged by the Court. 


Penalties can include losing some or all the money you pledged in Court, or as of 2015, you can be convicted of up to four years imprisonment, depending on the severity of your actions. 


Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264.

If you have been charged with domestic violence, you are going to need legal support to help you with your case. While you might think that you can do it on your own, you have to get a domestic violence lawyer in Edmonton to help you, as there are four things they can do for you, that you can’t.

The Four Things A Domestic Violence Lawyer Can Do For Your Case 

  1. Stop You From Incriminating Yourself
    If you have been charged with domestic violence, and you are arrested, anything you do or say can be used against you in court. You never know how the prosecution might twist your words and ruin your case in court. A domestic violence lawyer can help protect you during interrogations and in court. 
  2. Fight Against The Charges To Be Dropped
    If you are innocent, your lawyer will do what it takes to make sure that the charges against you are dropped before you head to court. Going to court can be a stressful and destabilizing experience, so stopping the process from getting there can make you a difference – especially if you are innocent. 
  3. Defend Your Right For Custody
    Not speaking or being able to be around your children during this period can be stressful, wrong and downright tricky. You might not think it, but your Edmonton domestic violence lawyer can defend your right for custody so that you will be allowed some time with your children. It might be a small win, but it is still a valuable one. 
  4. Develop A Strong Defence For Your Case
    If you do end up in court on charged for domestic violence, you shouldn’t represent yourself in any situation. You need a lawyer to be by your side to make sure that you have a strong case, and that you can defend yourself in the long haul. They will protect you until the end, so you get a fair trial. 

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

Legal Aid provides legal assistance to adults and youth on criminal charges, so they are able to obtain a Calgary defence lawyer. However, there are a few caveats to getting legal Aid in Calgary. So it is best to know what they are before you go to them. 

  • Legal Aid is used for criminal charges, but can also be used for other family matters, (such as child welfare, custody battles and divorces), specific immigration issues (depending on success) and appeals (depending on the merits of the case). 
  • When it comes to obtaining legal Aid for your defence lawyer, you have to be on a limited income. All your finances will be assessed, including your family income (after deductions) and your assets. Legal Aid will have a hard look at your circumstances to see if you are eligible to obtain aid services. 
  • In regards to youth criminal charges, parents or guardians’ income will be assessed to determine if Legal Aid is possible. 
  • Depending on your circumstances, Legal Aid might fully or partially pay your legal fees. It all depends on your financial situation. 
  • However, Legal Aid is not free if you have the finances to cover it. You have to pay the services back when you can afford to do so. When the case is over, you will receive a statement of account and a monthly payment schedule with your bank. This way, you can keep track of payments and make sure you can repay the services.
  • Regardless of your charges or not, everyone in Calgary can reach out to Legal Aid services to receive free information on their case. 

Contact an Experienced Calgary Defence Lawyer

If you need the eligibility requirements of Legal Aid, your next step is to find a defence lawyer in Calgary that you can trust. However, you don’t have to get Legal Aid first; you can also find a lawyer you like, who can put you in touch with Legal Aid services. They can even help you with the necessary paperwork and any financial assistance you might have about your case.

If you feel that you are entitled to Legal Aid, then start the process now to see if you can participate in the program. 

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

Preparing for court is a struggle in itself, but surviving the day is another level altogether. How do you go about managing one of the most important days of your life?

5 Criminal Lawyer Tips To Help You Survive Court

  1. Tell Your Story In A Logical Way
    While in courtroom movies you see people tell their stories emotionally, it does not always work in real-life court. Logically telling your story and framing the facts in your account will help you. Be logical and precise as possible when it comes to your side of the story.
  2. Be Brief & Focus On The Key Parts
    The judge does not need to hear every little thing that happens to you. They want to listen to the essential parts that will impact your case, so be brief and to the point. Your Edmonton criminal lawyer will break down the critical points for you, so you know how to approach them in court.
  3. Prepare Your Evidence & How It Relates To Your Story
    As your court appearance goes along, you have to present your evidence. Preparing for this will be super helpful – something your defence lawyer can help when preparing for your court date. The more evidence that you have, the stronger your case will be.
  4. Prepare For The Unexpected
    Remember that the opposing lawyer is going to try and dismantle your evidence, your personality and throw curveballs at you. So you have to be prepared for the unexpected to happen while you’re at court. Practice what you will say when it does come up, stick to the facts and story, and more importantly, ignore your emotions.
  5. Be Calm Regardless
    Most importantly, when it comes to your court date: remain as calm as possible. Your emotions will be tested, your case will be ripped apart and your personality will be questioned over and over. Despite all this, you have to be calm and composed at the moment.

Going to court can be a mentally, physically and emotional experience. Make sure you get your friends, family and criminal lawyer to support you as much as possible.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

One reason that many people need a DUI lawyer is that they face themselves charged with the ‘Over 80’ law. But what is the ‘Over 80’ law? Is it different to Impaired Driving? Are they not the same? In fact, they are two very different laws and situations that are unfortunately intertwined with each other.

 

Breaking Down The Over 80 & Impaired Driving Laws With A DUI Lawyer

 

To understand the difference between the laws, you have to go down to the finer dynamics of the law itself, which concerns the BAC (blood alcohol concentration).

 

The BAC is a test of how much alcohol is in your body, by measuring how much mg of alcohol is in each 100ml of blood. Results vary on a range of factors, such as how much you have consumed, the last time you had a drink, how quickly the alcohol went into your bloodstream, how fast it got out, and your weight. The problem is that alcohol reacts in everyone’s body differently, so therefore your BAC will vary.

 

You can have two drinks, and your BAC can read: “90 mg of Alcohol per 100ml of blood”. Or you can have six drinks, and your BAC can read: “50 mg of Alcohol per 100ml of blood”. And this is where the law comes in.

 

In Canada, it is a criminal offense to be in a car with your BAC being 80 or over; hence the law is referred by police and DUI lawyers as ‘Over 80’. However, you might not be impaired, and can be completely fine driving despite being over 80. Regardless, you will be charged.

 

Yet, you might be under 80mg, but you might be so intoxicated that your driving is ‘impaired’. You will, therefore, be charged with impaired driving, as you are considered a danger on the road. There is always a chance that you can be charged with both, and if so, you will be in serious trouble.

 

A DUI Lawyer Can Help You Face Your Charges

Regardless, facing a DUI charge for either reason requires that you hire yourself a criminal lawyer in Edmonton. While you might not win the charge, you can get your sentenced reduced, and in the case of being ‘Over 80’ and not being dangerous, you can win.

 

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

When you are charged with a crime, it is the beginning of a lengthy process. The time in between your initial charge and your trial date will be filled with appointments and court appearances. You have to be ready for it. This is how the process works and what you will have to go through if you are charged:

  1. If you are arrested, you will be taken to a justice of the peace for your bail hearing. Depending on what you have been charged for, you can either be granted bail, meaning you are free until your court date. You can also be denied bail. This will happen in the following situations:
    1. If you are considered a danger to the public
    2. That you will not show up for your court appearances
    3. You maintain the public’s confidence in the seeking of justice
  2. Your ‘first appearance’ date will be set. Your ‘first appearance’ is not your trial, but an administrative process.
  3. Right after your release, you should seek to appoint a criminal defence lawyer in Edmonton to help you with your case. You don’t want to hire a lawyer too late as it might cost you during your trial.
  4. You will have to attend your ‘first appearance’ in court at the requested time. During this session:  
    1. Your criminal lawyer will seek to discuss the matters of your charge with the judge and the prosecutor. You will be disclosed a copy of the police investigation, which tells you why you were charged and the evidence against you.
    2. You will have the chance to make your plea: guilty or not guilty. If you plead guilty, you will be sentenced. If you plead not guilty, you will be given a date for the trial.
  5. You will have time now to prepare for your trial. During this period you will have to be open and honest with your defence lawyer about the trial. The more information you have, the more opportunities you have to succeed in court.

Get A Criminal Lawyer To Help You Immediately

We cannot stress this enough: if you have been charged with a crime, do you leave it go on for too long. Immediately find a criminal lawyer to help you with your case, so you can get the best result possible.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264