criminal
You’ve Been Arrested, Now What?
03 July, 2020
If you are being investigated, you may soon find yourself being confronted, interrogated, or in handcuffs. You are going to be arrested by the police in one of two ways. Either you go to them or they come to you. The former is a surrender, the latter is a takedown.
If the police are looking for you and you want to surrender yourself to them, call us first at 416-900-6999. We will speak to you about your situation, contact the police and arrange for you to surrender yourself in a dignified manner. Prior to your visit to the police station, we will discuss with you what you can expect to happen once you are in police custody.
There are times when you should not speak, times when you must speak, and times when a few words on your behalf might help. Once you are arrested, the police will ask you if you wish to speak to a lawyer. Our advice is to tell the police that “Yes, I have a lawyer, but I do not wish to speak to either Ms. Tejpal or Mr. Kalina right now. I will tell you if I change my mind.” You only get one chance to make a call. It is always better to exercise your right to call your lawyer when you are feeling in trouble, helpless, anxious or worse – when you want to start speaking to the police. At that moment our advice will help you through the immediate crisis.
Whenever I watch American crime shows, I envy the criminal defence lawyer who gets to walk into the police station and tell the police that they have to leave because the interview is over. I’ve always wanted to do that. Sadly, it doesn’t work that way in Canada. You only get to make one telephone call to your lawyer and then you’re on your own.
Understanding what you must do, shouldn’t do, or should do requires a criminal defence lawyer’s assessment of your individual circumstances. Even if you have the right to remain silent, you won’t always have that ability. The difference lies in knowing how to remain silent when confronted or detained. The Supreme Court of Canada in R. v. Singh, 2007 SCC 48 stated that police persistence can overcome the right to silence. Being forewarned means being forearmed.
We can educate you on what to expect, including police interview techniques. You’ll learn what’s best: (a) deny, deny, deny; (b) confession is good for the soul; or (c) silence is golden. If you are going to surrender, we can provide you with a statement like you see below, tailored to your individual circumstances.
Whether you’re about to be arrested, consented to a search, are being investigated at work, or feeling pressured by the police or your family, we can help by providing you with a document that reflects your wishes prior to your surrender to the police that is similar to the following:
To: Police officer, Municipal Police Service
Re: The criminal investigation or charges of [the person being arrested]
- I, [the person being arrested], hereby confirm that I have instructed my counsel, criminal defence lawyer Sweta Tejpal or Hans John Kalina that:
- that I do not wish to be interviewed or questioned by the police,
- that I do not wish to make any statement,
- that I do not wish to give any other evidence: be it bodily impressions, handwriting samples, hair, blood, saliva, or any other bodily sample,
- that I do not consent to a search of my person or property,
- that I do not want to participate in any line-up, and
- that I do not want to view the alleged crime scene, any property retrieved, videos, photos, or statements.
- Respect my right to silence:I do not want to be repeatedly questioned. If I am not going to be released, I request that I be brought to a holding cell to await transportation to Court for my bail hearing.
- My Cooperation:I wish to cooperate by submitting to your authority to search me as an incident to my arrest and by providing my fingerprints and photographs as required by the Identification of Criminals Act of Canada. I do not wish to provide any more information or cooperation, except as legally required such as if I am required to make a statement after an accident as required by the Ontario Highway Traffic Act.
- Consent Revocation:If you are relying on a consent that I have allegedly given to conduct a search or to otherwise invade my privacy, I hereby revoke that consent. Again, I do not want to cooperate in your investigation except as legally required.
- Request for Counsel: Upon my request during our interaction, I request that you allow me to speak with my lawyer, either Ms. Tejpal or Mr. Kalina in private. The telephone number is 416-900-6999 or 1-844-268-6477. If my lawyer calls, I request that you allow them to speak with me immediately.
- Hold Off:If my lawyer is not available when you call, I do not wish to speak with duty counsel. Please hold off questioning me until I have had an opportunity to consult with my counsel of choice.
Signed: [person being arrested]
The lawyers at the Kalina & Tejpal can be reached at www.lawyer4u.ca or 416-900-6999.
Tags: arrest, criminal, criminal law
