Criminal Law
Topics
What if I am arrested by the
police?
You have a legal right to remain silent.
Exercise that right. There will be plenty of time for your lawyer to
tell your story in court. Once you have been arrested and charged, it is
very unlikely that any statement you give will result in a withdrawal of
the charges, and it may be used against you as evidence. Even if what
you wish to say does not seem incriminating to you, there is no benefit
to be gained from taking the risk. Nothing prohibits you from giving a
statement to the police later on, after you have talked to a lawyer, if
you still wish to do so.
The police will take you to the station to
lay the charge and to take routine information, during which time you
will be lodged in a cell. Telephone a lawyer at the earliest
opportunity. When they are finished the police have several options:
- They may release you on a Promise To
Appear. The notice will show the date, time and place you are required
to appear before the court.
- They may release you on a Recognizance.
The notice will state the you owe an amount of money that will become
collectable if you fail to appear for court. If you are not ordinarily
resident in the province or within 200 km of the place where you are
in custody, you may be required to deposit the amount specified before
they release you.
- You may further be required to sign an
Undertaking, wherein you agree to abide by certain specified
conditions until your charges are dealt with before the courts.
- Instead of releasing you, the police may
hold you in order to bring you before a Justice of the Peace for a
bail hearing. The Crown may attempt to show cause why you should be
kept in custody until your charges are dealt with before the courts.
In this case, you must telephone a lawyer.
Simply because the police do not release you from the station does not
mean you will be held in custody. Your lawyer, in speaking to the Crown
on your behalf, may be able to negotiate terms whereby the Crown will
consent to your release. In the alternative, your lawyer will represent
you at the show cause hearing.
Once the issue of bail has been dealt with,
you should discuss the terms of your release with your lawyer, who will
advise you of your responsibilities and any criminal consequences that
may arise if you fail to comply with your release conditions. You should
also discuss your case in more detail. Aside from a trial or a plea of
guilt, your lawyer will be aware of any other options available to you
that may assist in resolving the charges. These options include:
diversion, restitution, mediation, peace bond proceedings, or, in the
case of Young Offenders, the Alternate Measures Program.
