What rights do I have upon arrest?
Knowing your rights upon arrest is crucial. The Charter of Rights and Freedoms safeguards these rights under section 10.
Upon arrest or detention, everyone has the right:
- to be informed or the reasons therefor; and
- to retain and instruct counsel without delay and to be informed of that right; and
- to have the validity of the detention determined by way of habeus corpus and to be released if the detention is not lawful.
Essentially this means that you have the right to be told why you were detained/ arrested so as to understand the gravity of your particular situation. This charter right also places a legal obligation on the police to inform you of your right to speak to a lawyer and that the accused should be provided with the opportunity without unreasonable delay. This includes a further positive obligation on the police to tell you of your right to speak to duty counsel (free legal advice) and how you are able to contact such individuals. It is always in your best interest to exercise your right to remain silent during detention. Lastly, this right provides that if the reason for your arrest is unlawful, you must be released promptly.
If you are charged with a crime or are being questioned by the police or have any legal questions, contact Feven Glaizghi Law Office for a free consultation. Because your right to counsel is of critical importance during a criminal investigation, if I am not able to offer immediate assistance I will refer you to other criminal defence resources, including both lawyers in the private practice or other financially feasible alternatives. Your liberty is potentially at stake and I will endeavor to provide you with all possible alternatives that allow you to make the most informed choices and regain control of what appears to be a crippling time in your life.