Trial

The purpose of a trial is to have a judge or jury determine your legal guilt or innocence. The trial process is governed by three fundamental principles:

  1. The presumption of innocence ensures that you are innocent until proven guilty by the prosecution. In practice this means that everyone has a right to a trial if they want one.
  2. You have the right against self-incrimination. This means you do not have to speak to the police or give testimony in court. The judge or jury are not allowed to weigh the fact that you did not testify against you.
  3. The ultimate burden is on the crown to prove guilt beyond a reasonable doubt. It is not necessary to prove your innocence at trial, only that you are not guilty beyond a reasonable doubt.

 Trial Process

A trial will begin with the Crown prosecutor presenting his or her case to the judge.  This includes calling all the Crown’s witnesses and introducing evidence.  The Crown will attempt to prove guilt beyond a reasonable doubt. Your criminal defence lawyer will then have an opportunity to cross examine witnesses to cast doubts about on the Crown’s evidence.

The Defence then has the option to call their own witnesses and evidence. This will typically include calling your witnesses and you to tell your story of what happened, but that possibility will be discussed with you before anything like that will occur.  The Crown will get an opportunity to cross examine any witnesses the Defence calls, including you.

Final arguments are made by both the Crown and the defence lawyer, at which point the judge may make his or her decision immediately. Often however, the judge will require some time to make his or her decision, and will adjourn the trial until he or she is ready. A decision may be spoken by a judge or given by writing.

Role of the Accused

An accused person has the option to give testimony, but does not need to.  Often  your lawyer will make the decision whether to put you on the witness stand or not depending on the strategic advantage. If an accused person does not take the stand, the judge or jury is not allowed to draw any negative inferences from that. An accused person will almost always be required to attend their trial so make sure you make every effort to remember your trial date.

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Michael answered his phone at 10 o’clock at night and he and his associate helped us navigate the intimidating criminal justice system over the next 72 hours. They were available to us 24/7, clearly explained our options at each step and answered all of our questions promptly. It felt like having a guardian angel watching over us. If you have a criminal matter that you need assistance with, this is the man you need to contact.

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I was charged with assault for a minor scuffle. I knew I was in good hands with Michael’s solid legal advice and preparation for my pending case. Because of his knowledge, advice and legal expertise, all charges were dropped. Michael and his team take pride in providing not only the right result, but quality customer service along the way. I heartily recommend Michael Oykhman to anyone seeking legal counsel!

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Break and Enter, Theft Under $5000, Possession of Break-In Instruments, Possession of a Weapon for a Dangerous Purpose, Charges Withdrawn

Airdrie Provincial Court
Case Number: 23500891

Our client was facing a number of serious criminal charges after it was alleged that he had broken into a home and had stolen a number of items.

Upon being retained we immediately sought disclosure, including a fingerprint analysis. We determined that the identification of our client as the accused could not be proven beyond a reasonable doubt.

We negotiated with the Crown and they withdrew all of the charges.

Successful Result: Charges Withdrawn

Domestic Assault, Charge Withdrawn

Airdrie Provincial Court
Case Number: 7620521

Our client was charged with assault against his ex-wife. He was also served with an Emergency Protection Order (EPO) that contained several serious allegations.

Once we were retained we immediately sought disclosure and began resolution discussions with the Crown. We found several extreme discrepancies between the allegations in the EPO and what the complainant told police. We used this to challenge the complainant’s credibility, and the assault charge was withdrawn weeks after our client’s first court appearance.

Successful Result: No Criminal Record, Charge Withdrawn

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 7519721

Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath.  He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.

Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms.  Days before trial, we successfully negotiated the withdrawal of all charges.

Successful Result: No Criminal Record, Charges Withdrawn
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.