There is nothing more terrifying than being charged with a crime you didn’t commit, especially when it is as severe as sexual assault. While many crimes are black-and-white, sexual assault is in a continuous gray-area. What one person feels is perfectly sensible; another might feel it is assault. 

This gray line can lead to a high number of charges against people for sexual assault, and you are ever one of those people, you must know what to do next, what not to do, and how a criminal defence lawyer can help you. 

What To Do If You’re Charged With Sexual Assault 

If you have been charged with sexual assault, you immediately hire a criminal defence lawyer to support your case. You should also do the following: 

  • Gather and preserve all the physical evidence relating to the victim and the incident, including clothing, photos, and objects.
  • Gather all documents, such as texts, emails, and GPS records, computer records (as they will show you where you were at the time). 
  • Make a list of potential witnesses that saw you on the night. Their opinion will either help or hinder your case, so getting them down on a list will help you. 

All these should be handed over to your Calgary criminal defence lawyer as soon as possible to ensure they can use it for your case.

What Not To Do If You’re Charged With Sexual Assault 

Just as important as it is to preserve and build evidence to your case, there are certain things you should not do if you have been charged, including: 

  • Talk or try to talk to the victim in any way possible 
  • Talk to law enforcement or other investigators without your lawyer present
  • Do not agree to a test that is not mandatory—such as DNA testing before your arrest—or give any evidence to law enforcement without consulting with a lawyer first 

Undertaking of these can affect your case and result in your case suffering. If you have inadvertently done any of this, speak to your criminal lawyer immediately. 

How A Criminal Defence Lawyer in Calgary Can Help You 

A criminal defence lawyer is essential for being a defence case against your charge. Contesting the charge without a lawyer might see you fail in your case, resulting in jail time. Your sexual assault lawyer will prepare a defense that will typically explore specific issues, including:

  • The complexity and difficulty of your case. Your lawyer will provide you with information on what is the best course of action of you – such as accepting a plea deal or going to trial 
  • Determining whether the victim is lying about what happened
  • Determining if the victim has mistakenly or internationally identified the accuser (you) as the offender
  • Whether the evidence against you (fingerprints, DNA, photographs, video, eyewitness accounts) establishes you as the offender of the crime, and if the evidence is misleading or incorrect. They will also counteract any DNA testing submitted before the arrest.
  • If you have a reliable and trustworthy alibi on the day or night of the incident 

At the same time, your sexual assault lawyer will help advise you on the right course of action to make sure you get the best defence possible. They will advise you on all your legal rights as a defendant so you are well aware of where you stand with everything. 

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An experienced Calgary criminal defence lawyer will be aware of the possible defenses for your case and will not the necessary steps to take for you to get it. They are your number one supporter and will help ensure that you are not charged and sentenced for a crime you did not commit. 

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

A top criminal defence lawyer will begin planning a strategy for your defence from your first interview.

Questions to Ask Calgary Your Criminal Defence Lawyer 

You will likely a have a lot of questions for your defence attorney but remember to budget your time and use it wisely when it comes to your first consultation.

1. Can I tell you everything?

Yes, absolutely. Your criminal defence lawyer is the only person that you can tell all of the facts. Your defence lawyer, bound by Solicitor-Client privilege, cannot be compelled to disclose the information that you have provided to anyone.

2. What experience do you have?

You can usually tell by the number of years that the lawyer has been practicing what their experience level is. However, if a lawyer has been practicing as a general practitioner, that means that they haven’t specialized in any one area and may not be the lawyer you need for a criminal charge. Criminal Law is a specialized focus, and your lawyer must have extensive experience handling the charges that you have; this is especially true for Impaired Driving and Sex Offenses.

3. Lawyer fees and payment plans

It is your responsibility to ask the lawyer what they charge. Almost every criminal lawyer will quote you a set fee and will not bill you on an hourly basis for criminal offences. You should find out what fee the lawyer is expecting and work out an appropriate payment plan.

4. The Strategy

A top criminal defence lawyer will be setting out a strategy for your defence from the moment you meet. In the first meeting with a client, a good Calgary lawyer will ask for all of the facts of the case. They will then order the disclosure from the Crown’s office.  Ultimately, a combination of what the client says and what the Crown discloses will lead the lawyer to the specific strategy needed for winning the case.

Win With the Right Criminal Defence Lawyer

Take advantage of all the services that a Calgary criminal defence lawyer can offer you by asking important questions during consultation. When your future is on the line, you can never be too careful.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law has vast experience in criminal law with a special emphasis on impaired driving and sex offences. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-22641-