If you live in the Whitby or Oshawa areas and are facing an arrest for the first time, it can be a confusing and stressful experience. Knowing your rights under Ontario law and understanding how to respond can protect you and improve the outcome of your case. This guide explains your key legal rights during an arrest and why hiring a skilled criminal lawyer in Whitby or Oshawa is essential.
Your Rights When Arrested in Ontario
Under the Canadian Charter of Rights and Freedoms, which applies throughout Ontario, you have important protections when arrested or detained by police. These include the:
- Right to be Informed of the Reason for Arrest: Police must tell you promptly why you are being arrested or detained.
- Right to Remain Silent: You do not have to answer questions or provide information that may incriminate you.
- Right to Speak to a Lawyer: You have the right to contact a lawyer without delay, including free legal aid or duty counsel if you cannot afford a lawyer. You also have the right to wait a reasonable amount of time for your chosen lawyer to return your call.
- Right to Be Treated Fairly: Police must respect your rights and cannot detain or search you without reasonable grounds or a warrant, except in certain circumstances such as a lawful arrest.
- Right to a Bail Hearing: If you are held in custody, you must be brought before a judge within 24 hours for a bail hearing to decide if you can be released.
These rights are designed to protect you from unlawful arrest and detention and to ensure you have legal support early in the process. Whatever the crime you are accused of and no matter your guilt, you have these rights and should be informed of them.
What to Do Immediately After Being Arrested
If you are arrested, follow these steps to safeguard your rights:
- Stay Calm and Comply
Do not resist arrest or argue with police. Resisting can lead to additional charges. Cooperate calmly but do not volunteer information, as it can be used against you.
- Clearly State You Wish to Remain Silent
Tell the police that you are exercising your right to remain silent until you have spoken with a lawyer. This prevents self-incrimination.
- Ask to Speak to a Criminal Lawyer Immediately
You have the right to speak privately with a lawyer. If you do not have one, ask for duty counsel, who provides free legal advice in Ontario. However, hiring a private criminal lawyer Whitby or Oshawa who understands local courts and procedures is highly recommended.
- Do Not Consent to Searches Without Legal Grounds
Police need reasonable grounds or a warrant to search you or your vehicle. You may politely refuse consent to a search unless police have lawful authority.
- Avoid Giving False Information
Always be truthful when required to provide basic identification but avoid answering detailed questions until you have legal advice.
Why You Need a Criminal Lawyer in Oshawa or Whitby
Having an experienced criminal lawyer by your side is critical when you have been arrested. They have valuable knowledge of criminal law, the justice system, and your rights. A criminal lawyer:
- Protects Your Charter Rights: They ensure the police respect your rights and promptly challenge any violations.
- Provides Legal Advice: Your lawyer explains your options, including when to remain silent or cooperate.
- Builds Your Defence: They gather evidence, interview witnesses, and develop a strategy tailored to your case.
- Handles Bail Hearings: Your criminal lawyer advocates for your release and helps minimize your time in custody.
- Represents You in Court: From initial hearings to trial, your criminal lawyer fights for the best possible outcome.
Common Questions About Arrests in Ontario
Can I speak to family after the arrest?
Police often allow you to call a family member, but this is not a legal right. As phoning a loved one can help you arrange legal representation, it is important to ask to make a call.
What if my rights are violated?
If police fail to inform you of your rights or deny access to a lawyer, once you have a criminal lawyer, they can challenge the admissibility of evidence or seek to have charges dismissed.
Should I use duty counsel or hire a private lawyer?
Duty counsel provides free, immediate advice but may not offer the same personalized defence as a private lawyer. Hiring a criminal lawyer in Whitby or Oshawa ensures dedicated attention to your case.
How to Choose the Right Criminal Lawyer in Oshawa or Whitby
When you are looking for a criminal lawyer, consider the following factors to help you select the right one for you and your situation:
- Criminal Law Experience: Look for a lawyer specializing in criminal defence with a record of success.
- Local Expertise: A criminal lawyer familiar with Whitby and Oshawa courts can navigate local procedures effectively.
- Clear Communication: Choose a lawyer who explains your rights and case clearly.
- Availability: Your criminal lawyer should be accessible and responsive, especially during urgent matters like bail hearings.
- Reputation: Check reviews and ask for referrals to find a trustworthy criminal lawyer.
Final Advice: Protect Your Rights and Act Quickly
Your rights are your strongest defence, and a knowledgeable criminal lawyer Oshawa or Whitby will ensure those rights are respected and fight to protect your future. Therefore, if you or someone you know is arrested in the Whitby or Oshawa area:
- Exercise your right to remain silent.
- Request to speak to a criminal lawyer immediately.
- Do not consent to searches without legal grounds.
- Avoid giving false or unnecessary information.
- Seek experienced legal representation as soon as possible.
Contact a Criminal Lawyer in Whitby or Oshawa Today
If you need legal advice or representation after an arrest, contact the experienced team of criminal defence lawyers in Oshawa at Simeson Law LLP. We will help you navigate through your legal situation from arrest and detention through to release, dismissal, or court appearances. Our criminal lawyers serve in Ajax/Pickering, Bowmanville, Cobourg, Lindsay, Oshawa, Port Hope, and Whitby. Call us today.