Being arrested is a stressful and overwhelming experience. However, knowing your rights and taking careful steps can make a significant difference in protecting your future. If you’ve been arrested in Toronto, it’s essential that you understand the criminal justice process and how to navigate it.
At Stastny Law, our experienced Toronto criminal defence lawyers can help you through every stage of your criminal charge, from your initial arrest to your final hearing. If you’ve been arrested and you have questions about what to do next, don’t hesitate to speak with our legal team today. To talk to a lawyer about your situation, you can call our Toronto office at 416-303-5164, or email us at info@stastnylaw.com.
What Are Your Rights Under Canadian Law?
According to Section 495 of the Criminal Code of Canada, police can arrest someone if they have reasonable grounds to believe the person has committed or is about to commit a crime. However, under the Canadian Charter of Rights and Freedoms, each person in Canada is entitled to specific rights when they are arrested or detained. These include, but are not limited to:
- The Right to Be Informed: Once you’re arrested, the police must inform you of the reasons for your arrest. If they fail to do so, this could be grounds to challenge the charges against you in court. In certain cases, challenging the failure to be informed could result in reduced charges or full acquittal.
- The Right to Remain Silent: Section 7 of the Charter protects your right to remain silent. This means that you’re not obligated to answer any questions that the police ask you. Anything that you do say to the police can be used against you in court. It’s often advisable that you exercise this right and remain silent until you’ve spoken to your lawyer about your situation.
- The Right to Legal Counsel: Section 10(b) of the Charter guarantees your right to consult a lawyer without delay upon your arrest. You can contact a private lawyer or duty counsel while you are detained.
- Protection Against Unreasonable Search and Seizure: Section 8 of the Charter protects you from being subjected to unreasonable searches or seizures. For example, an unreasonable search would take place if video surveillance was installed in a private home or residence without prior judicial authorization. If the police conduct an unlawful search, any evidence they obtain may become inadmissible in court.
In the event that any of your protected rights are violated during the arrest or detainment process, you may be able to challenge your charges in court. Our criminal lawyers at Stastny Law have experience identifying mistakes in police or judicial procedures to prove that your rights have been violated. To learn more about how we may be able to help you, call us at 416-303-5164 today.
Steps to Take if You’re Arrested in Toronto
1. Stay Calm and Comply with All Police Instructions
Resisting arrest or starting a confrontation, especially if violent, can lead to additional charges, like obstruction of justice. It is always a good idea to stay calm and follow the officer’s instructions while asserting your rights when appropriate. When in doubt, adhere to police protocol and remain silent until you can speak with a lawyer.
2. Do Not Volunteer Information
Beyond providing your name and basic identification when asked, you are not required to answer any questions the police ask you. This is extremely important to remember. Although the stress and adrenaline of an arrest may make you feel as though you must speak, it is best not to. Politely state that you wish to exercise your right to remain silent and consult a lawyer.
3. Contact a Lawyer Immediately
Once you are taken into custody, request to speak with a lawyer as soon as possible. If you don’t already know or have a lawyer, the police must provide you with access to duty counsel. When you are detained, you can also call a lawyer of your choice who will provide legal advice to you over the phone. Stastny Law’s criminal lawyers are available to provide guidance and representation as soon as possible during this critical stage.
4. Document All Details
If possible, make mental notes or ask a trusted person to document the details of your arrest. This might include:
- The time of the arrest
- Names or badge numbers of police officers involved
- Statements made by the police
- And more
These details may be useful for you and your lawyer when crafting your defence.
5. Be Mindful of Bail Conditions
If you are released from custody on bail, it is important that you strictly adhere to any conditions set by the court. If you violate your bail conditions, you may receive additional charges and jeopardize the strength of your case. If you have questions about your bail conditions, don’t hesitate to speak with a lawyer.
How Can Stastny Law Help You If You’ve Been Arrested?
At Stastny Law, our Toronto criminal lawyers have extensive experience representing clients at all stages of the criminal justice process. When you work with us, we can:
- Advise You on Your Rights: We will make sure that you understand your rights and will guide you on how to exercise them effectively. This is true whether you’ve just been arrested or are in court during trial.
- Represent You at Bail Hearings: Our lawyers can present compelling and persuasive arguments to secure your release from custody under reasonable conditions.
- Investigate Your Case and Build a Defence: We will thoroughly analyze all of the evidence being presented against you. By doing so, we can identify weaknesses in the prosecution’s case and develop a strategy to fight against your charges.
- Advocate for You in Court: Whether negotiating with the Crown or representing you during trial, our legal team will fight tirelessly to protect your rights and reputation.
If you’ve just been arrested in Toronto, don’t wait to call Stastny Law at 416-303-5164. We can provide legal guidance to you over the phone and begin preparing your defence from day one.
Contact Stastny Law Now for Immediate Legal Assistance
If you’ve been arrested in Toronto, don’t face the legal system by yourself. The criminal lawyers at Stastny Law are here to provide skilled, compassionate, and effective representation when you need it most. From those first hours after you’ve been arrested to bail hearings and trial advocacy, we are committed to pursuing the best outcome for your case.
Contact us today to speak to a criminal defence lawyer about your situation. You can reach us at our Toronto office at 416-303-5164, or email us at info@stastnylaw.com. Take the first step toward protecting your rights and defending your future.
*Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, consult with a qualified Toronto criminal lawyer.*
