Criminal Defense Law

What you should know....

Every individual has inherent rights granted by the Canadian Charter of Rights and Freedoms. Those who come in conflict with the law, especially for the first time, may not know that they have the right:

  • To be informed promptly whether or not they are under arrest and for what criminal charge.
  • To be informed of their right to seek counsel (a lawyer) without delay, and in private.
  • To withhold from making a statement to the Police, which, if made, will be taken down and used against the accused at trial, should a trial ensue.

The lawyer is a trained professional who is there to ensure people are dealt with fairly by the entire Justice System, which includes the Police. The lawyer knows your rights. Let the lawyer decide if a statement should be made to the Police.

Say NOTHING to the police...

The best advice a lawyer can give anyone who has been arrested for any alleged criminal offence is:

  • Say nothing to the Police
  • Speak to a lawyer
  • Follow the advice received

A person charged with a criminal offence should not presume to know more about the law than the Police. If one comes into conflict with the law and makes decisions on their own without having consulted a lawyer, they do so at their own peril.

A lawyer can best decide if a statement should be made to the Police. A lawyer ensures that an individual is dealt with fairly by the entire Justice System, which includes the Police.

If arrested, there is an onus to tell the Police your name and address and that you will appear in court as and when directed. Consult with a lawyer, DO NOT "Let the horse out of the barn, and then ask the lawyer to shut the door to keep the horse inside the barn".

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