Being arrested is not only
a physically stressful experience but has a huge emotional and psychological
impact too. Imagine losing your freedom, facing the unknown, and being away
from your loved ones in a matter of seconds. It is of utmost importance to know
your rights when arrested so that you can remain calm and properly address your
situation by getting legal counsel as soon as possible.
Know Your Rights
When detained, the
Canadian Charter of Rights guarantees that everyone has the following rights.
- To be informed regarding the reason behind your detention or arrest.
- To be informed of your right to have access to legal counsel and to contact your lawyer immediately and told that in the event you don’t have a lawyer, you have a right to obtain free legal advice from a Duty Counsel before you make a decision on providing a statement to the police.
- To be informed that you have the right to remain silent because anything you say can be taken against you by law and in court.
- To be provided a reasonable opportunity to communicate with your lawyer in private or talk to a Duty Counsel in private.
What to Do in Case of Arrest
Avoid additional charges
and problems by cooperating with the arresting officer and not resisting
arrest. Make sure that you identify yourself truthfully or remain silent
instead of lying. Ask to speak to a lawyer as soon as possible and know that
you cannot be detained without due reason (which can be sorted out by your
lawyer). Understand that the police have a legal obligation to help you contact
your lawyer or get you one if reasonable attempts have been made and your chosen
lawyer cannot be reached. If you’re under 18 years of age, your guardians will
be contacted along with your defence lawyer.
Contact a Lawyer
Were you or someone you
know arrested and you’re looking for a defence lawyer? Contact Calvin Barry for immediate response. Calvin Barry have been a Canadian defence attorney for decades. His expertise in law is
one of the best in the field. Talk to Calvin Barry today!