Questions Can Turn into a Criminal Case:
A phone call from a police officer asking you to “come in for a quick conversation” may seem harmless. You might think, you did not do anything wrong. But in Alberta, even a casual discussion with law enforcement can lead to consequences if you don’t fully understand your rights.
Whether you are a witness, a person of interest, or simply someone the police believe might have information, any interaction with investigators has the potential to lead to charges, especially if you don’t seek proper legal guidance.
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Are You Legally Required to Attend?
It depends on the situation. If you receive a subpoena to testify in court, you must comply. However, police interviews can be on a voluntary basis, typically to further an investigation.
Unless you are under a lawful investigative detention or involved in a traffic stop (where you are obligated to provide your name) you are not obligated to answer questions. You have the right to remain silent, and (usually) the right to speak to a
lawyer before saying anything. These rights exist to protect you.
How a Conversation Can Be Used Against You:
Many people charged with a crime begin by simply trying to “clear things up.” Police are trained to ask questions that may elicit the kinds of answers that could later be used in court. They can record the conversation and are not required to disclose the complete scope of their investigation. Anything you say, even casually, can be used against you. You don’t have to be under arrest or charged for your statements to become evidence.
Common Mistakes That Lead to Trouble:
One of the most common mistakes is trying to “talk your way out” of suspicion. Others include showing what is on your phone or making statements without understanding the potential consequences. While officers may sound friendly or informal, their duty is to investigate and gather evidence, not necessarily to protect your interests. Even well-intentioned cooperation can result in legal consequences.
When Should You Contact a Lawyer?
Immediately, if:
* You’ve been contacted by police.
* You’ve been asked to attend for an interview or questioning.
* You are unsure as to what the situation may be about.
* You suspect that you may be under investigation.
Don’t handle it alone. A legal consultation could mean the difference between being cleared and being charged.
Note: In Canada, you have the right to consult a lawyer before answering police questions. However, in most cases, you do not have the right to have your lawyer physically present during the interview. Police must give you a reasonable
opportunity to consult with Counsel and may proceed with questioning you afterwards.
Recording Police Interviews:
Police interviews are often recorded. You can record any informal conversations with police. However, you must not interfere with police duties or violate any privacy laws.
How Shim Law Can Help:
Our Calgary-based criminal defence lawyers regularly assist individuals contacted by police, whether as witnesses, suspects, or targets of an investigation.
We can:
* Evaluate your situation before you speak to police.
* Help you understand your rights and the potential risks.
* Provide legal advice to avoid self-incrimination.
* Step in to protect you if charges are laid.
The sooner you involve us, the more effectively we can safeguard your rights and future.
Already Spoken to the Police? There’s Still Time:
If you’ve already attended an interview or made a statement, don’t panic. Write down what you remember saying, who was there, what was asked, anything you signed, and how you were treated. Then contact us immediately. We can assess the situation and advise you on the best next steps.
Don’t Let a Conversation Derail Your Life:
A police interview is not “just a chat.” It’s a moment with real legal consequences. You deserve a knowledgeable advocate in your corner who understands the justice system and will protect your rights. At Shim Law, we believe no one should face the police or the courts alone.
Call us today at (587) 391-9580 or request a confidential consultation online.
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