Everyone, regardless of the criminal offence, has certain legal rights as defined in the Canadian Charter of Rights and Freedoms. There rights were included into the Charter as a means to ensure everyone is presumed innocent, until they are proven guilty in an impartial and fair court of law. If you are suspected of committing a crime, the first thing that normally occurs is the police conduct an investigation.
During the investigation, the police may request to question you as to your involvement with the crime. You do have the right to remain silent. You do not have to answer any questions posed to you by the police. You cannot be compelled to be a witness in criminal proceedings against yourself, as this would be self-incriminating and you could potentially be admitting your involvement in the crime, which could be used against you later in a court of law.
In situations, where you know you were involved in the crime and are more than likely going to be charged at some point, it is in your best interests to contact a Brampton criminal defence lawyer and discuss your situation. My defence law firm offers a free case consultation to inform you of your rights and provide legal advice. In addition, contacting a lawyer prior to being arrested and formally charged, saves you time later. You will already have legal representation should you be arrested and charged for the crime.
What Happens After I am Arrested?
If the police are able to obtain sufficient evidence that indicates you either committed or were involved in a crime, the next step is to make a formal arrest and charge you with the crime. For minor offences, the police may issue some form of an appearance notice which is a legally binding request. Rather than arrest you on the spot, they give you a specific date and time you usually must report by, and show up at your local police station for processing followed up by an obligatory date and time you must attend court.
Processing involves collecting your fingerprints and taking photographs. For some minor offences, the police have the authority to arrest you and then release you immediately on bail as long as you agree to the terms and conditions of the bail. Your Brampton defence lawyer can accompany you when you report to your local station.
For more serious offences, you are arrested, processed, and charged with the crime. You will be detained until you are able to be taken in front of a judge for a formal bail hearing. The Charter allows for anyone arrested not to be denied reasonable bail. The bail hearing can be rather complex, depending on the nature of the criminal offence and seriousness of the charges. You will want a criminal defence lawyer present during your bail hearing to increase the likelihood of being released with the least restrictions, terms and conditions.
If you or a loved one is suspected of committing a criminal offence, whether it was minor shoplifting or a more serious criminal offence, like domestic assault or drug trafficking, do not hesitate to contact criminal defence lawyer Mitch Engel at 866-761-7077 now. Mr. Engel provides a free consultation to discuss your charges and advice you of your legal rights.