Frequently Asked Questions
Why is a Beresh Cunningham lawyer right for me?
At Beresh Cunningham our lawyers devote themselves to the practice of criminal law. We are recognized as one of the premiere criminal law firms in Western Canada. All the trial lawyers articled with Brian Beresh Q.C., receiving a proper grounding in criminal law, and have remained at the firm by excelling at criminal defence law.
When you retain one of our lawyers you have the breadth and expertise of all our lawyers at your disposal. We regularly meet and discuss cases, getting the widest range of opinion and advice as to the best way to handle issues that arise in your case.
Our lawyers are approachable, dependable, and available to answer all of your concerns.
How do I ensure I am getting the lawyer that is right for me?
A relationship with your lawyer is based on TRUST. When facing a criminal allegation you have to trust your
lawyer to provide proper legal advice during one of the most difficult periods in your life.
- Your lawyer must be knowledgeable, skilled, and experienced in defending cases in court
- There must be good communication between you and your lawyer so that your expectations are being met or
exceeded
- Your lawyer should be able to answer all your questions to your satisfaction
What can I expect at my first interview?
A first interview is the beginning of the trust relationship. It is an opportunity for building the foundation of the required mutual respect. To this end a lawyer will canvas your personal circumstances (i.e. family, contact information, employment history, etc.) and may discuss circumstances surrounding the allegation which you face. Sometimes such discussion will not occur until disclosure (police reports) is received. As a prospective client you should not hesitate to ask questions concerning experience and fees. Get to know the lawyer.
How much is this going to cost?
We do not charge by the hour. Once sufficient information is available to properly assess your case you will be quoted a fee that will cover all legal services to completion of your case. You will know precisely what your legal fees will be. Beresh Cunningham offers a wide range of lawyers with varying experience and, consequently, fees.
Can I travel to U.S.A. if I have a criminal record?
Maybe. The authorities at the border have a wide discretion to inquire about your record and ultimately to deny you entry. Different convictions on a criminal record will be met with different responses at the border. The only sure thing is that if you fail to tell the truth you will be denied entry.
What is a "conditional sentence"?
A term of incarceration that one is allowed to serve in the community because there is no threat to society and the public's perception of the justice system would not be undermined by allowing the offender to remain in the community. A conditional sentence order usually involves a period of house arrest whereby one is under strict surveillance and restricted liberty. Failing to abide by a conditional sentence can allow a judge to order the person to serve the rest of his or her sentence in jail.
Can a sentence be increased on appeal?
In Canada a Court of Appeal can increase as well as reduce a sentence on appeal. However, unless the Crown has specifically filed an appeal against your sentence or given you written notice that it will be seeking an increase to your sentence, there is usually no danger that your sentence could be increased as a result of your own appeal. However, special circumstances are possible which could trigger a Crown appeal and therefore you should always obtain legal advice concerning any appeal.
My license has been taken away because I was charged with blowing over/refusal to provide breath sample. How can I get it back?
Administrative license suspensions are reviewable by the
Alberta Transportation Safety Board and in certain
(rare) circumstances a suspended license can be reinstated.
A fee is associated with the Board reviewing a particular
suspension. Financial hardship caused by the suspension
is not a reason for the Board to reinstate a license.
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