Navigating the court system can feel overwhelming, especially if you have been charged with a criminal offence. Understanding the court process in Alberta helps you know what to expect, what your rights are, and what decisions may matter early.
White & Jeet Criminal Defence believes informed clients are better positioned to make clear, confident decisions. This guide outlines the key stages of the Alberta criminal court process so you can understand what happens next and why timing, disclosure, and strategy matter.
The First Step: Being Charged
The court process usually begins when police lay a charge and swear an Information before the court. Depending on the circumstances, you may be released by police with conditions or held in custody for a hearing.
If release is not automatic, a bail hearing may be required to determine whether you can be released and under what conditions.
Your First Court Appearance
Your first court appearance is often administrative. You will be informed of the charge, advised of next steps, and given an opportunity to speak with a lawyer. The court may set timelines for disclosure, elections, or future appearances.
At this stage, delay and process issues can start to matter. The Charter protects important rights for people charged with offences, including the right to retain and instruct counsel without delay and the right to be tried within a reasonable time. You can read the Charter text through the Government of Canada here: Canadian Charter of Rights and Freedoms.
Disclosure and Case Review
The Crown is required to provide disclosure, which may include police reports, witness statements, and other evidence they intend to rely on. The quality and completeness of disclosure can affect what decisions are made next.
Your lawyer reviews disclosure to identify weaknesses, legal issues, and any potential Charter concerns. This is also where strategy begins to take shape based on what the Crown can actually prove.
Release Conditions and Compliance
Many people are surprised by how strict release conditions can be. Conditions may restrict travel, communication, residence, or alcohol use. Breaching conditions can trigger new allegations and make release harder going forward.
If a breach allegation becomes part of your situation, it often connects directly to allegations involving failures to comply with court orders. In those cases, the process and consequences can escalate quickly, and it is important to understand the stakes.
Resolution Discussions or Trial
After disclosure is reviewed, your case may proceed toward resolution discussions or trial. Resolution discussions can include withdrawal of charges, diversion (where appropriate), guilty pleas to lesser offences, or negotiated outcomes.
If a fair resolution cannot be reached, the matter proceeds to trial, where the Crown must prove the case beyond a reasonable doubt. Trial preparation involves identifying issues in the evidence, assessing witness reliability, and determining whether legal applications are required.
Sentencing (If There Is a Conviction or Guilty Plea)
If there is a conviction or a guilty plea, the court moves to sentencing. Sentencing can involve fines, probation, community-based sentences, custody, and other orders depending on the offence and circumstances.
Sentencing is not automatic or one-size-fits-all. The court must consider proportionality, the facts, and the person before it. Effective advocacy at sentencing can materially affect the outcome.
Appeals and Further Steps
In some cases, there may be grounds to appeal a conviction or sentence. Appeals focus on legal errors, procedural unfairness, Charter issues, or unreasonable findings.
You can learn more about this process on our Criminal Appeals page.
Why Legal Representation Matters
The court process in Alberta is structured, procedural, and unforgiving of mistakes. Missed deadlines, uninformed decisions, or speaking to police without legal advice can create problems that are difficult to undo later.
Defence strategy is not just about “going to court.” It includes early assessment, disclosure review, negotiation, and protecting your rights at every step of the process.
Next Steps If You Have Been Charged
- Write down your next court date and any release conditions.
- Collect any paperwork you were given by police or the court.
- Avoid discussing the case with others or posting about it online.
- Speak with a criminal defence lawyer as early as possible.
If you have been charged and need clear guidance on what happens next, contact our team through the Contact Us page.
