Getting arrested can be a frightening experience. Questions may run through your mind, such as: What are they going to do to me? What do I do now? What do I say? If I get arrested, what will happen next? How will the arrest impact my future? It’s important to remember that in Canada, an arrest is not a conviction. The legal process affords an individual certain rights and protections that are important to understand early.
Early legal advice can allow you to maximize your rights and interests as a defendant.
Understanding Your Rights After an Arrest
The rights of an individual who has been arrested or detained are protected in the Canadian Charter of Rights and Freedoms. Section 10 states that an individual must be told “promptly of the reasons for their detention or arrest ” and be allowed to “not only to retain, and instruct counsel without delay, but also to be informed of that right.”
In the event of arrest, remember to take advantage of your right to consult a lawyer. Consulting a lawyer for legal advice can inform you of the accusations and guide your dealings with the police. According to Legal Aid Ontario, individuals who are arrested or detained have the right to contact a lawyer and may be able to contact duty counsel or other legal aid services.
Why Early Legal Advice Matters
The period right after an arrest can be vital. The interviews with the police, the bail process and pre-charge procedures may influence the later stages of a criminal proceeding.
A criminal defence lawyer can investigate the facts of an arrest and advise you of the options available to you. Based on the facts, this could involve looking into police procedures, evidence collection, and a Charter analysis.
Some early guidance can also be effective in avoiding unnecessary errors. Instead of improvising your way through an unknown legal terrain, you are able to make informed choices.
Assistance With Bail and Release
Following the arrest, one of the first questions that may be asked is whether the person will be released or not. In Ontario, where a person is not released on the street by the police, the person will have to be taken before a justice for a bail hearing, usually within twenty-four hours.
Having a lawyer prepares you for this stage by going through the facts of the case and discussing the conditions of bail which may be appropriate in this case. The conditions of bail can depend on the allegations involved and the facts of the case.
Having a lawyer can also be helpful in providing the court with facts that might be pertinent in determining release.
Reviewing the Evidence and Disclosure
Upon the laying of a criminal charge, it is an important part of preparing a defence to analyse the evidence for the Crown. Usually, the Crown must make disclosure of anything that it intends to use in the prosecution, and the accused has the right to know what evidence the Crown has against him.
A lawyer can scrutinise disclosure and pose critical questions including:
What evidence does the prosecution have?
Are there inconsistencies in witness statements?
Were police procedures followed correctly?
Are there potential Charter issues?
Are there weaknesses in the prosecution’s case?
What defence options may be available?
This review can provide a foundation for developing a fact-based strategy rather than one based on guesses about the charge.
Protecting Your Charter Rights
Canadian law offers substantial safeguards against unjustifiable government measures. Should an arrest, detention, search, questioning, or other investigative procedure give rise to constitutional issues, a lawyer can determine if the matter might impact the evidence’s admissibility or applicability.
The right to counsel is especially significant during arrest or detention. As the Department of Justice notes, section 10(b) is designed to allow a person who is detained to seek legal counsel about her circumstances and therefore inform her action of whether and how to cooperate with an investigation.
In all cases where a violation is alleged, it does not necessarily mean that the charge will be rejected and the evidence suppressed. It is subjective and fact-sensitive, and for this reason, a specific legal opinion is necessary.
Guidance Through the Criminal Court Process
When your case enters the criminal justice system, it will go through some or all of the following stages: first appearance, bail hearings (if required), disclosure proceedings, pre-trial negotiations, hearings and applications, or a trial/sentencing hearing.
For those new to the court system, it can be confusing to remember appearances, deadlines, documents, and legal rulings. An attorney can help make sense of each step and guide you through the process.
Legal Aid Ontario also states that individuals who are unable to pay for a lawyer might be eligible for legal aid and that duty counsel may be available at the court if necessary.
Building an Appropriate Defence Strategy
One defence strategy cannot be used for all arrests or criminal charges. It depends upon the claim, evidence present, situation of the accused and the law applied.
The lawyer might also investigate the possibility of contesting evidence, entering negotiations with the prosecution where relevant, preparing for trial, or resolving the matter through another course of action permitted by law.
The key point is that decisions should be based on a consideration of the facts of the case, rather than on a generic assumption of what usually happens to someone after an arrest.
Choosing Local Legal Support
If you have been accused of a crime, it can be helpful to speak with a local criminal lawyer who is familiar with the courts in the area. If you are facing charges in the Oshawa district, it would be advantageous to contact a man or woman from Oshawa Criminal Lawyers so you can explain why you were arrested, learn your rights, and get help with what to do next.
Local legal help can be especially helpful if you need quick information about a forthcoming court date, bail, disclosure, or another part of the criminal process.
Take the Next Step After an Arrest
An arrest does not necessarily make it impossible for someone to prove their innocence of a crime. An arrest can bring confusion, but it is just one step in the process of a criminal case. In Canada, there are stated rights that apply to any person who is either arrested or detained, including the right to be made aware of why they are being arrested and to be given access to legal representation immediately.
Getting legal advice as early as possible can help you understand those rights, assess the allegations against you, and move forward with more certainty. If you or a loved one have recently been arrested, an initial consultation with a good criminal defence lawyer can be a wise first step.
