Being charged with a criminal offence can feel overwhelming. It is important to remember that you are presumed innocent.
The steps you take early can significantly impact the outcome of your case.
Exercise Your Right to Remain Silent
The most important advice is to exercise your right to remain silent! Here are some key points with respect to your right to remain silent.
Police Have Likely Already Decided to Charge You
If police have detained you, they have most likely already decided to charge you. Nothing you say will change their minds. Remain silent!
Police Can Keep Asking Questions
Even if you say, “I don’t wish to make a statement” or “I don’t wish to answer questions” or something similar, police are allowed to keep asking you questions. Too often I have reviewed video statements which begin with the accused person stating, initially, that they do not wish to make a statement and within minutes they are providing a lengthy (and almost always) prejudicial statement to the police.
Police Are Very Good at Getting People to Talk
Most likely the officer interviewing you will be polite and appear sympathetic to your circumstances. The officer’s goal is to get you to talk! Officers will often say things like:
“There are two sides to every story, I want to hear your side.”
“This is your chance to explain what happened.”
“Are you saying that [the complainant] is lying?”
Don’t take the bait! Keep saying, “I don’t wish to make a statement.”
Stay Calm and Polite
Remain calm and polite, and eventually the police will get the message and stop trying to get you to talk.
What Information You Can Give Police
You can (and in some cases must) provide police with information to confirm your identity. You may answer questions regarding your address, employment, and potential sureties, so long as these questions are not related to the offence you are charged with.
You Have the Right to Speak to a Lawyer. Use It!
When police detain you, you have the right to speak to a lawyer. They must inform you of this right. Tell the officer that you want to speak to a lawyer. If you do not have a lawyer, or cannot afford one, the police will connect you, free of charge, with a lawyer funded by Legal Aid Ontario. Lawyers are available 24 hours a day, 7 days a week to provide legal advice. Take advantage of this opportunity! There is no downside in exercising your right to speak to a lawyer.
Prepare for a Possible Bail Hearing
Most people who are charged with a criminal offence are released from the police station. Some are not, however. You could be held in custody until you have a bail hearing. If you know in advance that you may be arrested for a criminal offence, speak to a lawyer and find out what you can do to increase your chances of being released if you are held for a bail hearing.
Have Your Potential Sureties’ Phone Numbers Ready
You may require a surety (i.e., a responsible person who can vouch for you). When you are arrested, ask the police officer to have access to your phone so that you can write down the phone numbers of close friends or family members who may be asked to act as your surety. You will not be permitted to have your phone in custody so write down important phone numbers at the time of your arrest. I find that, so long as you are respectful, an arresting officer will assist in enabling you to obtain the contact information for potential sureties.
Final Thoughts
Criminal charges are serious, but early legal representation can make a critical difference.
If you have been charged in Burlington, Hamilton, Oakville, Halton, or Mississauga, contact Martin & Hillyer Associates immediately.