Being arrested is stressful, especially if you have not committed any crime. And the situation can get worse if you do not know how to behave, what to say and what to do while in custody. Anything you say could potentially go against you and create even more problems. But fear not. Here is a guide on how to act (and not to act) after being arrested in Canada from an expert criminal defence lawyer in Brampton.
Arrested in Canada? Here Is What You Should and Should Not Do
What to Do
1. Remain Silent
The Canadian Charter of Rights and Freedoms protects individuals arrested by the police. One of those rights is to remain silent when being questioned. You should exercise this right to avoid making any statements that could be used against you in a court of law. You can give police basic information about yourself such as your full name, address and date of birth. However, do not answer other questions or tell them anything else. Instead, politely say “I wish to remain silent” and repeat this as often as is necessary.
2. Ask Why You Are Being Arrested
You should know upon what grounds you have been arrested and on what charges, as the police have an obligation to inform the accused. Legally, the police can arrest a person if they:
- Have a warrant out for their arrest
- Have reasonable grounds to believe the person has committed or was about to commit an indictable criminal offence
- Have reasonable grounds to believe a warrant exists under that person’s name
- Have seen that person committing a crime and it’s in the public interest to arrest them
3. Ask to Talk to a Lawyer
You have the right to talk to a lawyer upon detention. This is called the right to counsel and it helps protect accused persons from incriminating themselves. Once you tell a police officer that you want to speak to a lawyer, they have a duty to make reasonable efforts to contact one. If you have been arrested, contact a criminal defence lawyer near you. Or if you know an attorney you trust, get in touch with them immediately. Tell them about your arrest and the reasoning for it.
What Not to Do
- Do Not Resist Arrest
Resisting arrest, applying force to stop the police from arresting you or misbehaving while in custody can land you in even more trouble. In this case, you can be charged with additional offences, including obstructing police, assaulting a peace officer or assault with intent to resist arrest. This is applicable whether or not you have committed the crime for which you have been arrested. If you think that your arrest breached your rights in some way, you can take reasonable actions later on by seeking the help of legal counsel.
- Do Not Lose Your Cool
Being arrested is an overwhelming and emotional experience, especially if the accusation is false. This overwhelming feeling can make you behave inappropriately which can negatively impact your case. Your best bet is to stay calm, do not argue or fight, and do not try to run away from custody. Your chances of getting out of this predicament are vastly improved by having an experienced lawyer representing you.
- Do Not Try to Explain Yourself to the Police
A common mistake people make upon being arrested is to try to explain the situation to the police. You believe that an explanation will make them realize that they have made an error. However, the police consider you to be a suspect or an accused, and they have made an arrest based on information they consider correct. When you provide an explanation, it will be recorded and can be used against you in court. It is advisable that you keep quiet and wait for your criminal defence lawyer.
- Do Not Admit Guilt
An arrest and a conviction are not the same thing. Even if you are arrested, it does not mean you have been found guilty of a crime. For example, if you are arrested for impaired driving because you failed the blood sample or breath analyzer test, it is possible that law enforcement officials may have committed errors while collecting their evidence. If you admit guilt, thinking you have no other option, you lose the ability to determine if there are viable defenses that may apply to your case.
Getting arrested is an unpleasant and stressful experience, but knowing what you should and should not do can help you deal with this situation. Follow the above-listed dos and don’ts to get to avoid creating even more problems. Know your rights as a Canadian and exercise them when needed. Also, be sure to consult a qualified criminal defence lawyer when in custody as only an experienced professional will be able to guide you properly and help you fight for your rights.