What are Your Rights if You Are Arrested or Detained
Being arrested or detained is both stressful and painful, especially when you have not committed any crime. The situation can become more problematic if you do keep patience and behave properly. First of all, it is essential to stay cool and calm while in custody because whatever you say and do while in custody may go against you and create more problems. Instead of fearing being arrested or detained, you should be aware of your legal rights and should immediately seek the legal assistance of a criminal lawyer in Brampton. The best Brampton criminal lawyers ensure that if you are arrested or detained you are provided with Charter protection. Sections 7 to 14 set our rights to protect Canadian dealing with the justice system. The rights ensure that if you are involved in criminal proceedings then you are treated fairly. The rights in section 10 apply in the case if you are arrested or detained and it ensures that you have a chance to challenge the lawfulness of your arrest.
On being arrested or detained you possess the following Right
Though the police have the power to arrest or detain you during criminal investigations the Charter also provides you with certain legal rights and it also ensures that you are informed of your legal rights. If you are not aware of your legal rights then you will be unable to make an informed decision. If you are arrested then the police should inform you about the reasons for which you were arrested or detained, you have the right to speak with a lawyer or hire a lawyer, you can make a call to a criminal lawyer of your choice, you can apply for legal aid if charges are laid upon you, and if you don’t have a lawyer then you can speak with a legal aid lawyer for free.
According to the Canadian Charter of Rights and Freedoms, you get protection on being arrested by the police and you have the right to remain silent while being questioned. Thus it is in your best interest to avoid giving any statement without consulting a criminal lawyer because it can be used against you in a court of law. Besides providing your basic information like name, age, and address, you should refrain from making any statement. You should strictly avoid answering any other questions asked of you and should politely convey that you wish to remain silent.
Ask reasons behind your Arrest
You have every right to know on what grounds you have been arrested and what are the charges, as the police have an obligation to inform you about the reasons for which you are arrested and on what charges. Police can legally arrest you if they have a warrant out for your arrest, or if there is a reasonable belief that you have committed or were about to commit a crime. Police can also arrest you if they believe that a warrant exists under your name or if they have seen you committing a crime.
Ask for a Criminal Lawyer
Upon detention or arrest, you have the right to ask for a criminal lawyer and seek legal assistance. You have the right to counsel and it protects you from implications. You just need to express your desire to a police officer that you wish to speak to a criminal lawyer and they are responsible to arrange a criminal lawyer for you. You should immediately consult a criminal lawyer in Brampton of your choice and inform them about your arrest and the reason behind it.
Apply for Legal Aid
If you have been arrested and criminal charges are laid upon you, then you have the right to apply for legal aid. You can apply for legal aid in case you don’t have a lawyer on the day of your hearing. If you have a low income and you can show it then you can apply for a legal aid certificate that will provide you with free legal advice from duty counsel.
Speak for a Legal Aid Lawyer for Free
If you are arrested and taken to the police station and you are not aware of any criminal lawyer to seek legal assistance, then police have the responsibility to help you contact a Duty Counsel for free, as they are paid by Legal Aid Ontario to provide you with free legal advice 24 hours a day.