Police investigations often begin without public attention or formal charges. You could be under quiet surveillance. Your devices could be flagged. Investigators might contact your employer, friends, or family without telling you directly.
Despite the silence, the legal risk is real. Anything said or done during this period may be used if charges are eventually laid. Many people think, “I haven’t done anything wrong,” and go along with police requests. That’s a mistake because these early interactions are often when the most damaging evidence is gathered.
In Alberta, police can open investigations based on suspicion, tips, or digital behaviour. The law gives them that power, but it also gives you protection. Let’s see how a criminal defence lawyer can help you in these cases.
What Legal Rights Do You Have If You Haven’t Been Charged Yet?
You don’t need to be arrested to have Charter rights. The Canadian Charter of Rights and Freedoms protects your liberty even during pre-charge investigations.
The Right To Remain Silent
You are not legally required to answer questions from police, ever. Under Section 7 of the Charter, you have the right to silence. This protects you from saying something that could be twisted or misunderstood later.
The Right To A Lawyer
Even if you’re not arrested, you can ask to speak with a lawyer immediately. Section 10(b) of the Charter guarantees your right to legal counsel without delay. You can, and should, use this right the moment you suspect you’re being investigated.
The Right To Refuse A Search
Under Section 8, police cannot enter or search your home, car, or digital devices without a warrant. If officers arrive at your door without one, you have the legal right to refuse entry.
Practical Scenarios: What To Do And Why It Matters
| Situation | Best Action |
| Police ask you to “come in and talk” | Decline politely. Call your lawyer first. |
| You’re being watched or followed | Stay calm. Record dates/times discreetly. |
| Police want to search your property | Ask for a warrant. Do not consent. |
| You hear you’re being investigated | Do not reach out to police. Get legal help. |
These actions may seem simple, but they preserve your rights and prevent costly mistakes. Saying the wrong thing, even with the best of intentions, can make your situation worse.
Why You Should Call A Criminal Defence Lawyer Early
Most people think they only need a lawyer after they’ve been charged. But in reality, the pre-charge period is one of the most dangerous stages of any criminal case. Waiting to get legal advice gives the police an advantage.
An experienced criminal defence lawyer in Edmonton can immediately:
- Communicate with law enforcement on your behalf
- Prevent you from giving statements that hurt your defence
- Begin gathering evidence that may be useful later
- Create a strategy that protects your rights from day one
The earlier you act, the more options you’ll have.
What You Should Never Do If You’re Under Investigation
First, don’t ignore the situation. People often hope it’ll go away, but investigations rarely disappear quietly. Avoiding it won’t protect you.
Second, don’t talk to police without legal advice. Officers are trained to ask questions that sound casual but are designed to gather evidence. Even saying “I’m happy to help” can be interpreted in a way that limits your rights later.
Third, never destroy or delete anything, messages, photos, or files. That could result in separate criminal charges for obstruction, even if you didn’t intend to cover anything up.
And finally, don’t talk about the investigation with anyone but your lawyer. Friends, co-workers, and even family members could be questioned or subpoenaed.
How Long Can Police Investigate Without Charging You?
In Canada, the law divides crimes into two main categories: summary and indictable offences.
- Summary offences (e.g., minor theft, mischief) must generally be charged within 6 months.
- Indictable offences (e.g., assault, drug trafficking, sexual assault) have no statute of limitations.
That means you could be under investigation for weeks, months, or even years without being charged. However, if police delay too long and it affects your rights, your defence lawyer may challenge it under R v. Jordan, 2016 SCC 27, which sets strict limits on delays once a charge is laid.
Why Early Legal Help Can Change Everything
Getting legal advice during an investigation isn’t about “looking guilty”, it’s about protecting yourself. A lawyer can:
- Help prevent charges from being laid at all
- Build a proactive defence while evidence is fresh
- Challenge improper conduct by police before it harms your case
You don’t need to wait for things to spiral. A single consultation can shift the outcome in your favour.
Don’t Wait Until It’s Too Late
Being investigated but not charged is one of the most overlooked, and dangerous, positions you can be in. It’s also when the law gives you the most power to protect yourself if you use it.
The police may not have a warrant. You’re not legally required to talk. You don’t have to hand over your phone. But without guidance, you might do all of those things unknowingly.
The smartest thing you can do is speak with a criminal defence lawyer in Edmonton as soon as possible. Your silence, your privacy, and your lawyer are your best protection.
About Daryl Royer
Daryl Royer is one of Edmonton’s top criminal defence lawyers with extensive experience in complex and serious charges, including impaired driving, assault, sexual offences, and financial crime. Our firm provides aggressive, informed legal defence backed by real courtroom results.
Contact us today for more information.