Being arrested, followed by charging, is one of those moments that are very frightening and full of emotion. Your rights upon arrest are highly considered in order for you to be protected and for proper representation of justice. According to Canadian law, the Canadian Charter of Rights and Freedoms protects a number of your rights in case you are being arrested or suspected of a criminal offense. Knowing your rights and how to behave if arrested will enable you to take better care of yourself.Â
Know the Reason for your Arrest
The first right you should know upon the moment of arrest is the right to know why you are being arrested. In other words, the police have to make it clear why they detain you. The reason for such an arrest under S.10(a) in the Charter is dictated to be specific information with respect to the offense for which the individual is suspected. This will save you from detention without cause and also give you an idea about the legal scenario on the ground.
If the officer does not give a reason, you should ask him politely to provide the reason for your arrest. This is very important because you might get to know your legal standing and prepare your mind on what to do next and the area of getting your attorney.
The Right to Remain Silent
One of the more valuable rights you have in arrest is your right to silence. S 7 of the Charter protects you against self-incrimination. Anything that you say to police officers can be used against you in court; thus, a degree of caution should be exercised in speaking during an arrest.
It may be very tempting to explain yourself or declare your innocence, but again, a general rule of conduct is to say nothing until you have spoken with an attorney. You are not required to answer any police questions beyond your name and identification.
You can say to the arresting police officers politely that you would wish not to say anything until you have had a chance to speak with a lawyer, this is done to help them avoid saying anything which may be used against them in later proceedings.
The Right to Legal Counsel
The other basic right one has at the time of arrest is regarding his right to consult a lawyer. Indeed, s. 10(b) of the Charter protects your right to retain and instruct counsel without delay. Basically, what it means is that the moment anybody gets arrested or detained, he has the right to immediately call a lawyer to advise him on what to do.
In all these, a criminal lawyer may object, within the legal provisions, to the admissibility of certain evidence, cross-examine witnesses, and where applicable, negotiate plea bargains. It is their contribution that can, thus, make a difference in your case and result in lesser penalties or even acquittal.
The Right to be Free from Unreasonable Searches
That means if you get arrested, the police can search you and anything that belongs to you. But then again, Section 8 of the Charter will protect you from unreasonable searches and seizures. To exercise a right to search you, a police officer has to have reasonable grounds to believe that the thing searched for is on you or will be found. The search must be in a proper way.
If you believe that your rights have been violated in a search, make sure to inform your attorney immediately. Evidence that is recovered from an illegal search may be precluded from being admitted in your matter and could very well affect the integrity of any prosecution against you.
Conclusion
Being accused of a crime is serious, but understanding your rights will better help you understand what exactly is happening. The Canadian Charter of Rights and Freedom has relevant provisions to know when one might be arrested: the right to silence, right to legal counsel, and the right to be informed as to why they are being arrested. These rights include consulting with a qualified attorney to ensure that your legal defense is protected and that you will get a fair trial.
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