Question 1

When can the police arrest me?

Accepted Answer

The police can arrest you if they have reasonable grounds to suspect your involvement in a crime, either as a perpetrator or a witness. This includes situations where there's evidence of police misconduct. Being detained is a middle ground between being free and being arrested, and knowing your rights is crucial. If detained, you should inquire if you are free to leave and the reason for your detention. Remember, anything you say can be used against you in court, making it essential to consult a lawyer before engaging in detailed conversations with police.

Question 2

What are my rights if the police detain me?

Accepted Answer

If detained by the police, you have the right to know why you're being held, to be searched in a reasonable manner, to remain silent, and to consult with a lawyer within a reasonable time frame. It's crucial to politely avoid answering police questions before consulting with a lawyer. Your interactions with police are not casual, and anything said can be used against you. The Charter protects against random or unsupported law enforcement actions, allowing challenges to illegal detentions in court.

Question 3

What are my rights if police arrest me?

Accepted Answer

Upon arrest, you have the right to be informed of the charges against you, be tried within a reasonable time, choose not to testify at your trial, and be presumed innocent until proven guilty. You're entitled to reasonable bail unless justified otherwise, a jury trial for serious charges, and protection against double jeopardy. After an arrest, you must be given an opportunity to speak to a lawyer as soon as reasonably possible, which is crucial before any police interview.

Question 4

What constitutes an unlawful arrest?

Accepted Answer

An unlawful arrest occurs when police officers exceed their legal authority, such as detaining or arresting without reasonable grounds. An experienced criminal defence lawyer can assess whether proper procedures were followed and argue for the exclusion of evidence obtained through unlawful means. Cases involving unlawful detention or arrest often result in charges being dismissed, highlighting the importance of legal representation.

Question 5

When an arrest warrant is issued, what should I do?

Accepted Answer

If an arrest warrant is issued, preparing for a bail hearing before turning yourself in is important. This preparation includes identifying a suitable surety, who promises to supervise you while out on bail. After arrest, police must release you with or without conditions or bring you to a bail hearing within 24 hours. At the hearing, a criminal defence lawyer will argue for your release, ensuring you can continue contributing to society while awaiting trial.

Frequently Asked Questions

Céline Dostaler Criminal Defence Lawyer

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