Trial

Trial 2017-11-15T17:52:04+00:00

Criminal Trial

The purpose of a trial is to have a judge or jury determine your legal guilt or innocence. The criminal 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.

Criminal 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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David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Charges from outside of Calgary near Okotoks: Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

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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.

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