Election and Plea Lawyers Calgary

What is an Election?

Election refers to the ability of the Crown and/or the accused to choose which court will have jurisdiction over a criminal charge. Moreover, in certain cases the accused must decide whether to have the case heard by a jury or by a judge alone.

This page provides location-specific information on the election and plea process in Calgary. For a broad overview of how elections and plea bargains work in Canada, please see the general Election and Plea FAQ.

Offence Classification

Criminal offences are classified into three categories—summary, indictable, and hybrid. Summary offences are typically considered less serious and carry comparatively lower penalties. Conversely, indictable offences are more serious and carry higher maximum penalties. Hybrid offences allow the Crown the discretion to elect to try the offence either by way of indictment or summary conviction.

For more information on offence classification and its impact on Crown and defence election, please see the general Election and Plea FAQ 

Crown election 

In the case of a hybrid offence, the Crown must make an election. If they elect to proceed via summary conviction, the matter will be heard before a judge at the Alberta provincial courthouse nearest you. If they proceed by way of indictment, the accused (defence) also must make an election.

Accused election

When the Crown proceeds by indictment, the defence must choose whether the matter will be heard before the Provincial Court of Alberta or whether it will be heard before the superior court (the Alberta Court of Queen’s Bench in Calgary).

Where the defence elects to have their trial heard before the superior court, they will also have the right to choose whether they would like the trial to be heard before a judge and a jury, or a judge alone.

Exceptions to the general election rule

For more information on defence election and to see exceptions to the general election rule, please see the general Election and Plea FAQ.

What is a Plea?

If an election is available (even if you intend to plead guilty), you must elect to be tried by the court before which you intend to enter the plea. Pleading guilty is a formal admission of guilt to the offence charged. In other words, you are consenting to a guilty verdict and waiving the trial process.

What’s Next?

For more information on elections, pleas, and the overall criminal trial process, please see the below FAQs. As elections and pleas are highly context-specific, please contact one of our experienced criminal lawyers to discuss your case.

Client Reviews

Fantastic defence team! Mateya Selders was puntual at every instance. She skillfully guided me through my case from its dreadful start to successful finish. Combined with her legal know-how, experienced team, and exceptional service; she has made an otherwise tragic turn of events into a memorable hinderence.

5 stars can’t even come close to convey my gratitude. Thank you Mateya and the Strategic Criminal Defence team!

G.C.

I wanted to thank Michael and his team for being outstanding and providing the best customer service. Thank you for winning my case. I really appreciate it. We all make mistakes and learn from them. Thank you again Michael. Highly recommended! Best lawyer in Alberta and Calgary!!

E.G.

I can’t thank enough to Joseph Beller. I got into a funny situation charged by CPS. This is a horrible place to be in, anyone who needs help should reach out ASAP.

He was very professional, calm, made the case go very smooth, good communication, answered my questions. Reliable! He cares about his clients, I trusted him 100%.

Charges have been withdrawn within a few months. 100% recommend him and his team to anyone in need! I wish more lawyers would be like him!

C.R.

Had my first criminal offence and unfortunately ended up with assault charges after drinking too much. Greg took the time to review the evidence and noted that there was actually no assault on one of the allegations! He was so patient with me and dealt with my fear and anxiety amazingly, answering my million questions all hours of the day. It took forever, due to delay from prosecution, but I ended up with a resolution of a peace bond that was acceptable while also allowing me to deal with the consequences of my actions. I hope to never be in a position to see Greg again, however, I highly recommend him and his team for these tough situations!

M.E.
I recently found myself assisting my elderly father with an urgent legal situation while from out of province. Attorney Greg Janzen went above and beyond from A-Z. He walked us through every step seamlessly. Resulting in a better than expected outcome. You can count on Greg Janzen!

R.E.
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