
WHAT TO DO IF YOU’RE ARRESTED
Criminal Defence
05 Feb
Getting arrested
can be incredibly stressful, particularly if you haven’t done anything wrong.
The situation can become even more complicated if you are unsure of how to
behave, what to say, or what actions to take while in custody. Anything you say
could be used against you, leading to additional problems.
However, there’s
no need to panic. Here’s a helpful guide on how to conduct yourself and what to
avoid after an arrest in Canada, based on advice from an experienced lawyer at
RRM Law, Brampton.
Here’s a detailed guide to keep you out of deeper trouble:
- Stay Calm and Compliant: Maintaining your composure during an arrest is crucial. Keeping a level head not only helps you think clearly, but it also reduces the chances of escalating tensions with law enforcement.
- Know Your Rights: It's vital to be aware of your legal rights, including your right to remain silent and your right to an attorney.
- Avoid Self-Incrimination: Exercise your right to remain silent until you have legal representation. Anything you say can be used against you, so it’s best to keep communication minimal.
- Request Legal Representation: As soon as you’re able, make sure to ask to speak with a lawyer. An attorney can help you understand your rights and navigate the complexities of the situation.
- Document the Encounter: If it is safe, make an effort to remember key details about the arrest, like the names of the officers, the time and location, and any witnesses who might be watching.
- Do Not Resist or Flee: Trying to run away or resist arrest is like adding fuel to a fire, it’ll only make things worse and could lead to more charges.
- Follow Procedures for Bail or Release: It is important to promptly inquire about the process for bail or release. Ask the officers or staff about the specific steps you need to take to secure your release.
Understanding
these procedures can empower you to take action and potentially avoid a
prolonged stay in custody.
Your immigration status can be badly affected if you are charged with a crime. Here’s how it works:
- Loss of Status: If you hold a temporary or permanent residency status, a criminal charge could lead to the loss of that status. Certain crimes, particularly serious offenses, can make you inadmissible to Canada.
- Deportation Risks: Depending on the nature of the crime, you may face deportation proceedings. If convicted, the penalties can include being ordered to leave Canada, which may be immediate or follow a certain period.
- Impact on Family: If you are removed from Canada, your family members who do not have citizenship may also be affected.
- Future Immigration Applications: A criminal charge can hinder future applications for immigration, whether you seek to renew your status, apply for citizenship, or sponsor family members.
- Legal Consequences: Engaging in the legal process to defend against criminal charges can be complex, and it’s essential to consult with both criminal and immigration lawyers to navigate these challenges effectively.
So, if you’re thinking about committing a crime, maybe stick to jaywalking, at least that’s only a ticket, not a one-way flight home. The following crimes can affect your immigration status:
Driving drunk, Stealing (including small shoplifting), Assault, Drug-related crimes and all other major crimes such as murder, breaking and entering, etc.
The Canadian
Charter of Rights and Freedoms plays a vital role in safeguarding the rights of
individuals who find themselves arrested or detained by police.
The Canadian
Charter of Rights and Freedoms grants you the right to remain silent
when you are arrested. While it’s acceptable to provide the police with your
name, address, and date of birth, you should refrain from answering any further
questions. If questioned, state "My lawyer advised me not to speak."
(You can repeat this as often as necessary.)
The right to
know the reason for your arrest is an essential aspect of your legal
protections. You have the right to be informed about the specific
reasons behind your arrest.
The right to request
legal representation means that you can speak to a lawyer after being taken
into custody. Commonly referred to as the “right to counsel,” this right is
crucial for preventing self-incrimination. The police are required to do
everything reasonably possible to help you connect with a lawyer.
The Canadian
Charter of Rights and Freedoms protects individuals from unreasonable search
and seizure, requiring that police conduct searches in a reasonable way. If
police violate a person's rights during a search, a court may rule that any
evidence obtained is inadmissible.
There are four legal grounds under which police can arrest an individual:
- Probable Cause: Officers must have reasonable grounds to believe that a person has committed a crime. This involves having specific facts or evidence that suggest wrongdoing.
- Witnessing a Crime: Police can arrest someone if they directly observe the individual committing an offense. This immediate witnessing of a crime gives law enforcement the authority to act swiftly.
- Warrants: An arrest can also be made if law enforcement has a valid warrant issued by a judge. This warrant is typically based on evidence presented in court, allowing police to detain the individual named in the warrant.
- Public Safety: Officers may arrest someone to prevent imminent harm to themselves or others, ensuring public safety in situations where a person poses a threat.
During an arrest, police can search under certain conditions: when they’re hunting for evidence related to the alleged crime:
if they’re worried for their safety (or suspect the person might be hiding a weapon, like a rubber chicken), or if the individual has given 'informed consent' for the search because who doesn’t love a good treasure hunt?
It’s easy for
instinct to kick in, and it can be difficult to remain calm.
Failure to
comply with the police and attempting to resist
arrest can lead to charges of obstructing the police, assaulting a police
officer or assault with intent to resist arrest.
Reacting
impulsively and losing your temper during an
arrest, though understandable, can hurt your case. If a police officer
approaches you and places you under arrest, it’s important to stay calm. Avoid
arguing, resisting, or attempting to escape.
Understanding
how to respond and behave during an arrest,
even if you believe you’re innocent, is crucial for preventing further
complications. Staying informed and composed is key to protecting your rights
and interests.
Many people
mistakenly try to explain themselves to the police when arrested, especially if
they believe they’ve been wrongly accused. While it may seem helpful to clarify
the situation, remember that your statements will be recorded and could be used
against you in court. Instead, it's best to exercise your right to remain
silent and wait until you have a criminal
defense lawyer on your side.
It’s important
to remember that being arrested does not mean you are guilty. When you’re
arrested, it simply indicates that you are suspected of an offense, but a
conviction requires a court process.
If you need
criminal defense advice, call RRM Law for more information
To understand how
to appeal a conviction, you need to know that not everything can be
appealed. You can challenge your conviction, the sentence you received
(including a probation order), or both.
Sometimes you
have the right to appeal, while in other cases, you need the court’s permission
-called ‘leave to appeal’. A right to appeal is given by law, while permission
is needed for most sentencing appeals and for many appeals to the Supreme Court
of Canada.
If you're
convicted of a summary offence, your appeal will take place in the area where
the offence happened. For instance, if you were convicted in Brampton, the
appeal will be heard in the Brampton Superior Court. Conversely, if you're
appealing a conviction for an indictable offence, you'll need to go to the
Ontario Court of Appeal.
The first step
in appealing a sentence or verdict is to fill out and submit a 'Notice of
Appeal.' You can get this form at the court where your trial happened. You’ll
need to state why you’re appealing (the conviction, the sentence, or both) and
give a brief explanation of your reasons.
Your criminal
defense lawyer can assist you with the paperwork. If you're in jail, the staff
should help you file your appeal using what's called an inmate notice of
appeal. Appeals must generally be filed within 30 days of the date of
sentencing.
If your sentence
includes a fine, you need to pay it before you file your Notice of Appeal, and
you should attach the receipt to your notice.
For certain
types of appeals, you'll need to submit transcripts along with other documents.
(Transcripts are written records of everything said during the court hearing.)
If your appeal
is approved, the appeal court will send you a written notice with the date,
time, and location of your hearing.
The five types of decisions an appeal court can make are dismissal, ordering a new trial, an acquittal, substituting a verdict of guilt, or varying a sentence. The appeal court can make one of five decisions:
- Dismissal: The appeal is rejected, and the original decision stands.
- Ordering a New Trial: A new trial is scheduled due to issues with the first trial.
- Acquittal: The court finds you not guilty, overturning the conviction.
- Substituting a Verdict of Guilt: The court finds you guilty of a lesser charge instead of the original one.
- Varying a Sentence: The court can alter the sentence, either raising or lowering it.
If a new hearing
is necessary, you will either be notified of the decision in person or receive
it in writing along with the prosecutor. If the appeal judge orders a new
trial, it will be held in the same court where your original trial took place.
The appeal
process involves carefully reviewing the legal basis for the appeal, including
any errors made during the trial or issues with the evidence. Your lawyer will
assist you in gathering the necessary documents, developing strong legal
arguments, and representing you in court-all aimed at overturning or reducing
the conviction and protecting your rights.
We, at RRM Law,
are here to help.