Michael Oykhman
If I refuse to provide a statement to the police, will it make me look guilty?
Many people who have been accused of committing a crime believe that if they do not provide a statement to the police that they will look guilty, or as though they have something to hide. However, choosing to refrain from speaking to the police is a fundamental right that is protected by the Charter of Rights and Freedoms. For this reason, no adverse inference can ...
Can I provide a statement to the police that is “off the record”?
There is no such thing as providing a police officer a statement that is “off the record.” While some statements given to the police before you are given your right to counsel may not be used against you in trial, anything you say to a police officer is potentially “on the record.” That is, anything you say to a police officer, at any time and ...
How do I change my release conditions and what if I breach them?
Once your release conditions have been set, it is difficult to change them without the consent of the Crown Prosecutor. In order to change your release conditions without the consent of the Crown Prosecutor, you will have to conduct a bail review hearing in King's Bench, and demonstrate to the Court that there has been a material change in circumstances to justify amending the ...
How can I reach a friend or family member who has been arrested?
It is extremely difficult to contact an individual who has been arrested. The first problem is figuring out where they have been taken. If the arrest happened in a rural area, it is most likely they have been taken to a local RCMP station. In a major centre like Calgary, however, the person under arrest may be in any of a number of district offices, ...
A friend or family member has just been arrested, what should I do?
Our lawyers frequently receive phone calls either from people in custody seeking legal advice, or from friends and family of people who have just been arrested, looking for some guidance as to what to do next. Although the process does have to play itself out once someone is arrested, there are some steps you can take to assist the person in custody. If your friend ...
Can I travel to the US if I get a criminal record?
Criminal convictions for certain offences will affect your ability to travel to the US. The offences which will result in your exclusion from the US are commonly known as crimes of moral turpitude, and include murder, manslaughter, sexual assault, theft, bribery, forgery, aggravated assault, prostitution and fraud. An allegation of, or conviction for, possession of or trafficking in a controlled substance, involvement with terrorism, ...
Can I plead guilty and not get a criminal record?
As a general rule, if you plead guilty to an offence under the Criminal Code, you will receive a criminal record. The exception to the rule is if you are granted a “discharge” at sentencing. These are granted where it can be demonstrated that it is not contrary to the public interest for you to not receive a criminal record for the conviction. Oftentimes, ...
Can I get rid of my fingerprints and police photo?
Yes, it is possible to have your fingerprints and police photo removed from the police central database. This does not mean that all record of you having been charged is destroyed. Rather, only the actual photograph and fingerprints are destroyed. The reason this is important is that it eliminates false positive matches. That is, police will no longer be able to use your photo in ...
