Being arrested is a stressful situation even if you have been arrested before and especially if you get arrested for the first time. By being better informed about your rights and the right steps to take, you can make sure you get out of your situation without a permanent record.
In this blog, we will discuss your rights during an arrest, the steps you should take to protect yourself, and why it is essential to seek the help of experienced legal professionals.
Know Your Rights: The Basics
In Canada the Canadian Charter of Rights and Freedoms details the set of rights you are entitled to when you are placed under arrest. Being aware of your rights can ensure that you are not treated unfairly when detained or under arrest by the police. The most important ones include:
- The Right to Remain Silent
When you are immediately under arrest, you have the right to remain silent. Meaning you do not have to answer any questions that the police ask since you do not know how the facts can be twisted.
You do have to provide your basic identification information as part of protocol, like your name, address and date of birth. Other than that do not panic and remain silent until your lawyer arrives since anything you say at that time can definitely be used against you in court.
- The Right to Legal Counsel
This brings us to our next point. When under arrest, you have the complete right to discuss your situation with your lawyer, and the police will have to let you get into contact with your lawyer. If you cannot afford a lawyer you are still entitled to a free consultation with a lawyer through legal aid.
It is best to discuss your situation with your lawyer first before answering any questions to the police, so if you do not have a lawyer yet, contact criminal defense lawyers online so you have one ready just in case.
- The Right to Be Informed of the Charges
When under arrest or even when placed under detention, you have the full right and always should ask the reason for your arrest. The police are entitled to give you an explanation of what charges you are being arrested for. This information is very useful to fight for a wrongful arrest if you are innocent.
- The Right to Be Free from Unreasonable Search and Seizure
The police can search you and your personal belongings when put under arrest to make sure you do not have any weapons on you, however other than that they do not have permission to search your house, garage without your permission or a valid permit.
If the police ask to search your house or your vehicle, you have the right to deny the search and ask for a warrant.
- The Right to Habeas Corpus
Habeas Corpus if your right to challenge the legality of your detention and arrest. If you or your lawyer thinks that there was not enough probable cause for an arrest or even detention, you can challenge it in court to get the justice you deserve.
Steps to Take If You’re Arrested
Besides knowing your rights there are other steps you can take when you are arrested to stay safe and get out without much trouble. If you do get arrested here are some important steps to follow:
- Stay Calm and Comply
When placed under arrest it is important not to panic, remain calm and composed, co operate wherever you have to, like do not hesitate or retaliate when providing your identification. Even when cooperating, play it smart, you do not have to answer all of their questions since you do have the right to remain silent.
If you panic you may end up lying or mixing up facts which would be used against you in court.
- Request to Speak with a Lawyer
As soon as you are arrested, request to speak with your lawyer, the police will be entitled to give you a chance to contact your lawyer and you should use it to contact a local lawyer who will be well informed about local laws.
If the arrest occurs in Edmonton you can contact Team Law Group’s criminal defense lawyer in Edmonton which will help you to get out of the trouble.
It is always recommended to not answer any questions until you have discussed the situation with your lawyer.
Learn more: Defending Against Federal Crimes: Strategies from a Top-Tier Lawyer
- Document Everything
Make sure to document everything that happens during and after the arrest, since this would be important information when trying to file for a wrongful arrest. Try to record the whole situation and ask for the names of the officers and their badge numbers, make sure to remember the time and location of the arrest and all interactions with any officers. If you are injured or mistreated during the arrest the video will be able to catch it even if you get just the audio it can be really helpful. In case of injuries, seek medical attention quickly and document your injuries as well, because this can also be helpful in fighting your case for wrongful arrest or against a bad police officer.
Conclusion
Being placed under arrest is a daunting experience, but by being aware of your rights you can be able to survive the situation until your lawyer comes to the rescue. Legal representation is very important in criminal arrests. Your lawyer will be able to give you the best legal advice and guidance in order to create conditions that are most favorable to you.
Seeking legal protection will help you build a strong case for your defense and even help you press charges in case of wrongful arrest or ill treatment.