Being arrested is an overwhelming experience, especially if you’re convinced you haven’t committed any offense. Knowing your rights, how to act and what to do during an arrest can greatly improve your chances of overcoming the initial shock. Overcoming your initial instincts, which may be to try and plead your case or even resist arrest, is critical to avoid further complications.
The Canadian Charter of Rights and Freedoms provides several critical rights for individuals arrested or detained by the police. Among the most significant rights are:
1. The right to remain silent
Under the Canadian Charter of Rights and Freedoms, you can remain silent upon arrest. You should exercise This important right until you have legal representation to avoid making any statements that could be used against you in a court of law.
There’s no harm in providing the police with your full name, address and date of birth, but do not answer any other questions. Remain calm and answer any questions politely: "My lawyer told me not to speak.”
Repeat this as often as required.
2. The Right to ask the reason for your arrest
You have the right to know why you have been arrested. The police are legally obliged to explain the reasons behind your arrest and any potential offense you may be charged with.
There are four legal reasons police can arrest someone:
- They have reasonable grounds to believe you have committed, or were about to commit, a criminal offense.
- They have a warrant out for your arrest
- They have reasonable grounds to believe a warrant exists under your name
- They have seen you committing a crime.
If you find yourself detained but believe the police lack reasonable suspicion of your involvement in a crime or haven't clearly stated the reasons for your detention, it's advisable not to attempt to leave. Instead, address these concerns with a lawyer at a later time.
3. The right to ask for legal representation
You can talk to a lawyer once you have been taken into custody. This is usually called the “right to counsel” and helps protect you from incriminating yourself.
Once you request legal counsel, the police must make every reasonable effort to contact one. If you have a lawyer you trust, contact them as soon as possible; otherwise, contact a local criminal defense lawyer to represent you.
Either way, inform them that you have been arrested and on what grounds to help them best represent you.
4. The right to be searched in a reasonable manner
The Canadian Charter of Rights and Freedoms ensures an individual’s protection against unreasonable search and seizure, stipulating that police officers must conduct searches in a reasonable manner. Should the police infringe upon an individual's rights during a search, a court may later deem the obtained evidence inadmissible.
Upon arrest, the police are authorized to search the following conditions: when seeking evidence related to the alleged offense, if there are concerns for their own or public safety and they suspect the individual is armed, or if the individual has given 'informed consent' for the search.
Things Not to Do During An Arrest
When you find yourself placed under arrest, it’s easy for instinct to kick in, and it can be difficult to remain calm. Here are four things you should not do if you’re arrested to avoid exacerbating the situation.
1. Do not resist arrest
If you are being arrested, resisting or applying force to stop the police from arresting, you will create further problems. Do not resist; comply with the police’s instructions and go with them quietly.
Similarly, improper, aggressive or illegal behavior while in police custody can lead to more severe consequences.
Failure to comply with the police and attempting to resist arrest can lead to charges of obstructing the police, assaulting a police officer or assault with intent to resist arrest. Regardless of whether you’ve committed the crime for which you’re being arrested, wait until you have legal counsel before taking reasonable steps if you think your arrest was a mistake or has breached your rights.
In these cases, your lawyer will advise you on the best course to take, particularly if you have a legitimate case for wrongful arrest.
2. Do not lose your cool
Acting impulsively and losing your cool when arrested, while understandable, can negatively impact your case.
If approached by a police officer and you’re placed under arrest, stay calm. Don’t argue, don’t resist and don’t fight or try to flee from custody.
Complying with the requests of the arresting police officers and undergoing due process until you gain legal counsel represents your best chance of getting out of the situation unscathed. Once you’ve contacted your experienced criminal lawyer or attorney, they will advise you on the best way forward.
3. Do not explain yourself to the police
Many people make the mistake of trying to explain the situation to the police when they’ve been arrested, especially if they believe they’ve been incorrectly accused of committing an offense.
However, the police would only have arrested you if they had reasonable cause to consider you a suspect or accused or based on information they believe to be correct. While explaining may feel like the best way of helping them recognize their error, your conversation will be recorded and could be used against you in court.
Instead, exercise your right to remain silent and wait until you have retained a criminal defense lawyer.
4. Do not admit guilt
It’s essential to remember that being arrested does not automatically mean that you have been found guilty. When arrested, you are suspected of committing an offense, but conviction cannot occur without going to court.
For instance, if you’re arrested for driving under the influence after failing a breathalyzer or blood test, there is still a possibility of the police officer making a mistake when collecting evidence or faulty equipment. If you admit guilt, you may lose the opportunity to determine any viable defense case that could apply to your case.
Therefore, never admit guilt and continue to exercise your right to remain silent until legal counsel represents you.
The Final Word
Knowing what to do, how to act and what to do when you’re arrested, even if you haven’t committed an offense, is essential to avoid navigating even greater issues.
As a result, it’s critical to know your rights as a Canadian citizen under the Canadian Charter of Rights and Freedoms and exercise them as needed. In addition, make sure you consult a qualified criminal defence lawyer at the earliest opportunity after being taken into custody. Having legal counsel from a qualified and experienced professional will be able to give you expert advice and ensure you effectively navigate the legal minefield.
If you need criminal defense advice, visit Posner Craig Stein LLP for more information.
