YOUR RIGHTS UPON ARREST

Criminal Defence

14 May

If you have the misfortune to be arrested, This is what you should do after an arrest:

1. Ask for a Lawyer: If you do not have a lawyer, you should tell the police that you want to speak to a lawyer. 

   
   

2. Remain Silent: Do not answer any questions without the advice of a lawyer. 

   
   

3. Cooperate with the Police: Follow their instructions while waiting for your lawyer to arrive. 

   
   

4. Stay Calm: Try to stay calm and do not become agitated or argumentative with the police. 

   
   

5. Take Notes: If you do have a lawyer, consider taking notes of your interactions with the police to help with your defense.

   
   

When and if you are arrested in Canada, you have several important rights guaranteed by the Canadian Charter of Rights and Freedoms. 

Here's a more detailed breakdown:

1. You have the Right to be Informed of the Reasons for Arrest 

   
   

2. You have the Right to Lawyer but If you cannot afford a lawyer, you are entitled to free legal advice from a duty counsel or Legal Aid Ontario. (Duty counsel services are staffed 24 hours a day, seven days a week)

   
   

3. You have the Right to refuse to answer questions from the police. (However, you must still provide your name, date of birth, and address if the police ask you to identify yourself)

   
   

4. You are presumed innocent until proven guilty in a fair and public hearing.

   
   

5. You have the Right to a fair and public hearing by an independent and impartial tribunal.

   
   

6. You generally have the Right to be released on bail unless there are just cause for detention.

   
   

7. You have the Right to be tried within a reasonable time.

   
   

8. You may be entitled to a Jury Trial if the maximum punishment for the offence is imprisonment for five years or a more severe punishment, except in cases of offences under military law.

   
   

If you are arrested at home, the police will allow you to make telephone calls before being taken to the police station. It is important to remember that once you have spoken to a lawyer, the police are permitted to continue questioning you. The safe course of action is to repeat the phrase: “On the advice of counsel, I have nothing to say.” Any statements you make to police could be used if your matter eventually goes to trial. 

Important Considerations: 

1. The police will typically read you your rights, including your right to counsel and your right to remain silent, before they question you.

   
   

2. If you are a minor, you have the right to be accompanied by a parent or guardian when questioned by the police.

    

3. You do not have to choose between calling a parent/guardian and a lawyer or you can do both.

    

4. If you are detained or arrested, the police can search you, but the search must be reasonable.

    

5. You can refuse to answer questions unless the police have reasonable grounds to believe that you are committing a crime, or if you are under arrest. 

   
   

Get Help: If you are facing a challenging legal situation, seeking to erase your criminal record, or want to learn more about obtaining a pardon, contact RRM Law for trusted guidance and dedicated support. Our experienced team is here to help you move forward with confidence. 

Ph: (905) 798-3776 Email: info@rrmlawoffice.com