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Charges · Break and enter · Alberta

What happens after a break and enter charge in Alberta?

What it means, what usually happens next, and what to bring to the first call.

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By Ali Sheikh, Remandly (founder, not a lawyer) · Published under a standard reviewed by an Ontario-licensed criminal lawyer, called to the bar in 2017. Alberta procedure can differ.

Last reviewed September 22, 2026 · Updated October 15, 2026

In short

  • A home is treated far more seriously than a business or a garage: break and enter of a dwelling-house can only go by indictment.
  • In Alberta, a break-and-enter case is heard in the Alberta Court of Justice, and a person held has a first-appearance bail hearing by video.
  • The person may be held for a bail hearing, especially if it was a home.

What usually happens next

  1. Step 1

    Arrest and the station You have the right to talk to a lawyer in private. You do not have to answer police questions.

  2. Step 2

    Police decide Police can release you with conditions and a court date, or hold you for a bail hearing.

What should you bring to the first call?

How it works in Alberta

Which court hears it in Alberta

Alberta break-and-enter charges are heard in the Alberta Court of Justice. Calgary’s criminal office is Suite 402-S of the Calgary Courts Centre, and the Calgary Courts Parkade is at 515 6th Ave SW.

Bail in Alberta

Someone held after an Alberta break-in sees a justice of the peace by video or teleconference; a Crown prosecutor speaks at every first-appearance bail hearing, from 8 a.m. to midnight.

Programs and diversion in Alberta

Alberta’s restorative justice process is voluntary and focuses on the harm done to the people whose property was entered; post-charge referrals come from the Alberta courts on an official form.

The local process in Alberta

Alberta prosecutes where there is a reasonable likelihood of conviction and it is in the public interest. Legal Aid Alberta may help where jail is likely; duty counsel is free at all courthouses.

What do people ask about break and enter charges?

Do I have to talk to the police?

No - a person does not have to answer police questions, and anyone arrested or detained has the right to speak to a lawyer, and police must tell them that.

What is the maximum penalty for break and enter?

Under s. 348 of the Criminal Code, break and enter of a dwelling-house is an indictable offence with a maximum of life imprisonment; of any other place, up to ten years by indictment, or summary.

Sources

Alberta sources

Federal law sources

Free 24/7 criminal law information · not legal advice. Legal Aid Alberta: 1-866-845-3425

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