Criminal Defence & Charter Rights
Representing individuals across Alberta at every stage of the criminal justice process. The first decision you make after being charged is the most important one.
Speak With Us NowHow We Approach Defence
A criminal charge is not a conviction. Between those two points there is a process — and that process has rules. Rules about how evidence is gathered, how arrests are conducted, how rights are communicated, and how the Crown must prove its case. Our job is to know those rules better than the prosecution does and to hold every step of the process to the standard the law requires.
At your first consultation we assess your situation honestly. We tell you what the charge means, what the likely process looks like, and where we see your strongest grounds for defence. We do not tell you what you want to hear. We tell you what you need to know.
A Criminal Charge Is Not a Conviction
A criminal charge changes the terms of your life immediately — and before anything is proven or a court date is set, the weight of what you are facing is already present in ways that are difficult to explain to anyone who has not been through it.
Our criminal defence lawyers are available exactly when you need them. Procedural errors and rights violations are not technicalities. They are legitimate and often decisive grounds for defence. We identify them, and we use them.
Everything you tell us is protected by solicitor-client privilege from the first conversation. Criminal defence clients do not appear in our reviews — that is a deliberate decision. The people we represent in criminal matters value their privacy above everything else and we protect it without exception.
Criminal Defence Services We Provide
Bail Hearings
The hours and days immediately following an arrest are critical. Securing release while awaiting trial affects your ability to prepare a proper defence, maintain your employment, and support your family. We move quickly, presenting compelling arguments for release and addressing conditions, sureties, and recognizance requirements with the precision these proceedings demand.
DUI & Impaired Driving
An impaired driving charge carries serious consequences for your licence, your record, and in some cases your freedom. We examine the roadside stop, the breathalyzer procedure, the field sobriety test, and whether your rights were observed at every stage. Procedural errors and rights violations are legitimate and often decisive grounds for defence.
Immediate Roadside Prohibition Appeals
An immediate roadside prohibition can be imposed without a court hearing and the window to challenge it is short. We have successfully appealed these prohibitions for clients across Alberta, guiding them through the procedural and substantive requirements of the appeal process to help them regain their driving privileges.
Assault & Domestic Violence
Assault charges range from simple to aggravated and the consequences vary accordingly. Domestic violence charges are treated seriously by Alberta courts and the process moves quickly. We examine the full circumstances and evidence, protecting your legal rights while navigating the family law intersections these matters frequently involve.
Drug Offences
Drug charges in Alberta cover a wide range and the approach to each depends entirely on the specific facts. We examine how the evidence was obtained, whether the search and seizure was lawful, and what options exist for negotiation or challenge at each stage of the process.
Theft, Fraud & White Collar
Complex financial defence for allegations of commercial fraud, embezzlement, and property theft. These matters require careful analysis of the evidence and the circumstances and we build the defence around what the facts actually support.
Sexual Offences
High-stakes, confidential defence for sensitive allegations involving sexual assault or related charges. We provide thorough representation with the discretion and precision these matters require, while protecting your Charter rights throughout the process.
Youth Offences
Young people facing criminal charges require a different kind of representation. The youth justice system in Alberta operates under different principles — with rehabilitation and proportionality at its centre — and the decisions made at this stage can follow a young person for a long time. We represent young clients with the care and specificity their situation requires.
Appeals
If you have been convicted and the grounds for appeal are sound, the process is worth pursuing. We identify and assess grounds for appeal, prepare the necessary legal arguments, and represent clients before the Alberta Court of Appeal. We will tell you honestly whether your case has merit at the appellate level before you invest in the process.
DUI / Impaired Driving in Calgary Alberta: Understanding the Legal Consequences
Driving under the influence (DUI) in Calgary Alberta, also known as impaired driving, is a serious criminal offence in Alberta, Canada. The repercussions of a DUI conviction can be far-reaching, impacting not only your legal status but also your personal and professional life. In Alberta, the legal system is stringent on impaired driving, and the consequences can include revocation of your driver's license, hefty fines, and even jail time.
In Alberta, a person is considered to be driving under the influence if they operate a motor vehicle while their ability to do so is impaired by alcohol, drugs, or a combination of both. The legal blood alcohol concentration (BAC) limit in Alberta is 0.08%. Exceeding this limit can lead to severe legal consequences.
The penalties for a DUI conviction in Alberta vary based on the severity of the offence and the driver's history. They can include:
- License Suspension: A DUI conviction almost always leads to the suspension of the driver's license. The duration of the suspension can vary depending on the circumstances of the case.
- Fines: Convicted individuals can expect to face significant fines, which increase with the number of offences.
- Jail Time: For more severe or repeated offences, jail time is a real possibility. The length of the sentence depends on the specifics of the case and the individual's driving record.
- Criminal Record: A DUI conviction results in a criminal record, which can hinder future employment opportunities, travel plans, and more.
The implications of a DUI conviction in Calgary Alberta extend beyond legal consequences. It can tarnish an individual's reputation, affect their employment opportunities, and strain personal relationships. Additionally, it can lead to increased insurance rates and difficulties in obtaining future insurance coverage.
How Osuji & Smith Criminal Defence Lawyers Can Help
Osuji & Smith Criminal Defence Lawyers specialize in DUI cases. They understand the complexities of DUI laws in Alberta and provide their clients with comprehensive legal representation. Their expertise includes challenging the evidence presented by the prosecution, negotiating with the authorities, and representing clients in court.
Every DUI case is unique, and Osuji & Smith approach each case with a personalized strategy. They meticulously review the details of the arrest, the procedures followed by law enforcement, and any testing methods used to determine BAC levels. Their goal is to ensure that their client's rights were respected throughout the process and to identify any potential grounds for dismissal or reduction of charges.
Understanding the long-term consequences of a DUI conviction, Osuji & Smith's lawyers strive to protect their clients' future interests. This includes working towards minimizing penalties, preventing criminal records where possible, and advising on steps to take post-conviction to mitigate the impact on their client's life.
Navigating DUI Charges
DUI / Impaired Driving is a grave offence in Alberta, carrying substantial legal and personal consequences. Navigating the legal complexities of such charges can be daunting, and the assistance of skilled lawyers is invaluable. Their expertise and dedication to their clients' interests can make a significant difference in the outcome of a DUI case. If you're facing DUI charges in Alberta, it is crucial to seek legal advice promptly to protect your rights and future.
Traffic Offences in Calgary Alberta: An Overview
In the bustling streets and highways of Alberta, navigating traffic rules and regulations is crucial for the safety and well-being of all road users. Traffic offences, often perceived as minor infractions, can have significant consequences.
Traffic offences in Alberta fall under Provincial Legislation, which encompasses a wide range of violations, from speeding and distracted driving to more serious offences like dangerous driving. Unlike criminal offences, traffic violations do not lead to a criminal record. However, this does not diminish their potential impact.
Traffic violations are breaches of laws set by the provincial government designed to ensure the safe and orderly flow of traffic. These violations can include, but are not limited to:
- Speeding
- Running red lights or stop signs
- Driving without a valid license
- Failure to wear seat belts
- Distracted driving (e.g., using a mobile phone while driving)
Even though traffic offences are not criminal, the penalties can be substantial:
- Fines: Traffic offences can result in hefty fines, varying based on the severity of the violation.
- Driving Suspensions: Serious or repeated offences can lead to driving suspensions, significantly impacting an individual's ability to commute.
- Jail Time: In extreme cases, particularly involving reckless or dangerous driving, offenders can face jail sentences.
The Role of Osuji & Smith Criminal Defence Lawyers
Osuji & Smith Criminal Defence Lawyers, a prominent legal firm in Alberta, plays a vital role in representing individuals charged with traffic offences. Their expertise in navigating the complexities of traffic law is crucial for those facing charges. The firm's approach involves:
- Assessing the Case: They begin by thoroughly examining the details of the charge and the circumstances surrounding the offence.
- Legal Guidance: Providing expert legal advice to help clients understand their rights and the potential consequences of their offence.
- Representation: Skilled representation in court proceedings, aiming to minimize the impact of the charge on the client's life.
Preventative Measures and Awareness
Osuji & Smith Criminal Defence Lawyers also emphasize the importance of awareness and education in preventing traffic offences. Understanding the rules and the consequences of violations can significantly reduce the occurrence of these offences.
Traffic offences in Calgary Alberta, governed by Provincial Legislation, are serious matters with potentially significant consequences. While they do not result in a criminal record, the implications of fines, driving suspensions, and possible jail time are substantial. It's imperative for drivers in Alberta to stay informed and adhere to traffic laws to ensure their safety and the safety of others on the road.
Holding Every Step to the Standard the Law Requires
Hiring a criminal defence lawyer at Osuji & Smith means hiring the entire firm. We constantly meet to peer-review our defence strategies, ensuring that no technicality is missed and every constitutional right is leveraged for your benefit.
We represent clients across Calgary and Alberta for all types of criminal allegations — from bail hearings through to trial, sentencing, and appeal. Our approach is the same at every level: thorough preparation, honest assessment, and representation that does not waver.
A Note on Confidentiality
Criminal defence clients do not appear in our reviews. That is a deliberate decision. The people we represent in criminal matters value their privacy above everything else and we protect it without exception. What we can tell you is that the standard of representation here is the same standard that has been independently recognised for nine consecutive years across all of our practice areas.
The Collective Intelligence Advantage
Criminal matters frequently intersect with other areas of law. A domestic violence charge can involve family law proceedings running simultaneously. A fraud matter can have employment consequences that outlast the criminal process itself. An immigration status can be affected by a criminal record.
At Osuji & Smith, your criminal defence lawyer works within a firm covering family law, employment, immigration, and civil litigation. When your matter requires that wider view, the expertise is already here without engaging a separate firm.
Speak With Us Before Anything Else
If you or someone you care about has been charged or is under investigation, get legal advice before anything else happens. Everything you tell us is protected by solicitor-client privilege from the first conversation.
Or call us directly 403.283.8018