I Was Arrested - Now What?
Being arrested and charged with a criminal offence can be one of the scariest and most confusing moments in a person’s life. Although the process of being arrested may feel overwhelming, there are a number of things you need to do and watch out for during this process to protect yourself, your rights, and your future.
If you are arrested, know your rights.
The Canadian Charter of Rights and Freedoms stipulates the rights you are guaranteed during arrest and detention. It is critical that the police let you know of your rights as they arrest you or immediately following your arrest.
What rights am I guaranteed in Canada during an arrest?
The right to know why you are being arrested.
This is one of the most important elements in an arrest. The arresting officer should inform you, almost immediately, why you are being arrested. In the majority of cases, the police officer will have a warrant for your arrest; if they do not, they require reasonable grounds to arrest and should inform you of the charges.
If you were not informed of why you were arrested, it is critical that you tell your lawyer, as this is a major infringement of your rights.
The right to speak with a lawyer.
Having legal representation when navigating a criminal matter is crucial. A lawyer often acts as an intermediary between you and the police, court systems, and criminal justice proceedings, helping you to understand what is happening and to position you for a positive outcome. If this right has not been stated to you, or you have not been given the chance to exercise this right, it is imperative that you ask to call a lawyer and relay this information to them.
The right to appear in court and have a judge decide if you should be released or remain under arrest.
Depending on the charges you are facing and your likelihood to appear in court, you may or may not be released after you have been arrested. If you are not released, you have the right to be brought before a judge to determine if you will be released on bail or remain in custody.
If you are released, you will be given a court date and time. It is essential you show up to court to avoid being detained and to avoid placing your case in a negative light.
The right to remain silent.
Although police may question you during the arrest process, it is important that you remain silent until you have legal representation. Anything you say can be used in court against you, and anything that indicates guilt can be detrimental to your case. A lawyer will advise you on what you should and should not say based on the facts of your case.
What happens if my rights are violated during arrest?
Should your rights be violated during the arrest process, your case may have grounds to be overturned, or you may be able to have certain evidence thrown out. You also have the right to file a complaint or even a lawsuit.
If your rights are being denied during the arrest process, try to remember as many critical details as you can. For example, take note of the police officers’ names, their badge numbers, the number on the police car, any potential witnesses, what the officers say and do, etc. This will help your lawyer build a case.
Things not to do if you are arrested:
If you are being arrested, there are a number of items that you should not do, as they can have a detrimental impact on your case.
Resist arrest.
If you are being placed under arrest, it is crucial you do not resist. Resisting arrest is an additional offence you can be charged with; if the matter escalates and you become violent toward the arresting officer, you may face additional charges. These actions can not only make you appear guilty but can hurt the case you might be able to make for your innocence.
Forego legal counsel.
One of the biggest mistakes someone can make following an arrest is choosing not to hire legal counsel. A lawyer will help ensure that your rights are protected during the entire criminal justice process and will support you in building a case to prove your innocence or achieve a lesser charge or sentence.
Admit guilt.
Whether you are guilty or not, it is highly recommended that you do not admit guilt during the arrest process. Should you wish to plead guilty, a lawyer will be able to negotiate on your behalf with the crown and potentially lessen the charges or sentence you face. Whatever you do, wait until you have legal representation before sharing anything with the police.
Fail to appear in court.
Following your arrest, you may be released with a court date and time. It is essential that you show up for your court date. If this is missed, it is a serious mark against you and can warrant you to be taken back into custody, bail may be revoked, and it can seriously hurt your case.
Working with an RSG Criminal Lawyer.
If you have been arrested, you need the support of a legal team that is unafraid to take the action necessary to protect you, your rights, and your future. At RSG Law, our Criminal Lawyers are experienced legal professionals who are devoted to helping people just like you resolve their legal disputes. Our lawyers will use every strategy and pursue every piece of evidence to support you and your case. Your future is one of your most important assets; choose a lawyer who is committed to ensuring that your future remains bright, regardless of the charges you face.
Learn more about our criminal law services.