Know Your Rights: What to Do When Arrested
Getting arrested can be one of the most stressful experiences of your life. Your mind races, panic sets in, and you might not know what to do next. But in that moment, the most important thing you can do is to stay calm and remember that you have rights. These rights are designed to protect you and ensure that the process is fair. Here’s a breakdown of what you should do if you’re ever arrested, so you can handle the situation as smoothly as possible.
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1. Stay Calm and Don’t Resist
When the police inform you that you're under arrest, your instinct might be to argue or resist. However, resisting arrest can lead to additional charges under Section 129 of the Criminal Code, which covers offenses like obstructing or resisting a peace officer. Even if you feel the arrest is unjust, remain calm and avoid any form of resistance, whether physical or verbal. Staying calm will also help you focus on remembering important details about the arrest, which could be crucial later in your defense.
2. You Have the Right to Remain Silent
Under Section 7 and Section 11(c) of the Canadian Charter of Rights and Freedoms, you have the right to remain silent and cannot be compelled to be a witness against yourself. While the Miranda warning isn’t used in Canada, the police must inform you of your right to silence. Anything you say can be used against you in court.
You are only required to provide basic identifying information, such as your name. Beyond that, politely tell the officers, "I am exercising my right to remain silent." This prevents you from accidentally incriminating yourself. In some cases, even innocent statements can be misinterpreted or used against you.
3. You Have the Right to an Attorney
As outlined in Section 10(b) of the Charter, you have the right to speak with a lawyer as soon as you're detained or arrested. This right is crucial because your lawyer can help you understand your legal options and prevent the police from taking advantage of your lack of legal knowledge.
If you cannot afford a lawyer, a public defender will be appointed to represent you. It’s essential to use this right and wait for legal counsel before answering any police questions. Your lawyer will ensure that your rights are respected throughout the process and help you avoid making costly mistakes.
4. Don’t Consent to Searches
Unless the police have a valid search warrant, you are not required to consent to any searches of your person, vehicle, or property. Under Section 8 of the Charter, you are protected against unreasonable search and seizure. If the police ask to search you, politely but firmly state, "I do not consent to this search."
There are exceptions, such as if the police have reasonable grounds to believe that evidence related to the crime might be destroyed or concealed. However, it’s best to let your lawyer challenge the legality of any search in court rather than consenting to it at the time.
5. Document Everything You Can
Being arrested is overwhelming, but try to remember as many details as possible about the incident. Write down the officers’ badge numbers, names, and any actions they took during the arrest. Did they read you your rights? Did they have a warrant? Were you treated fairly?
Documenting these details can help your lawyer build a defense, especially if there were any violations of your rights under the Charter or the Criminal Code. For example, if you were searched without consent or a warrant, your lawyer might argue for the exclusion of certain evidence from trial.
6. Post-Arrest Procedures: What to Expect
After being arrested, you’ll typically be taken to a police station for booking. This process involves recording your personal information, taking fingerprints, and photographing you. Under the Identification of Criminals Act, these procedures are standard for most arrests.
Depending on the severity of the charges, you may be held in custody until a bail hearing or released with a promise to appear in court. If you cannot afford the bail amount, your lawyer can argue for a reduction based on the circumstances.
7. Stay Off Social Media
In today’s world, it’s tempting to post everything on social media, but doing so after being arrested can be damaging. Anything you post online can be used as evidence against you, and investigators often monitor social media profiles for incriminating statements. Section 24(2) of the Charter allows courts to exclude evidence if it’s obtained in a way that violates your rights, but voluntarily posting on social media isn’t protected.
Your best course of action is to stay silent on social media and let your lawyer handle all communications related to your case.
No one expects to get arrested, but knowing your rights and understanding what to do in such a situation can significantly impact the outcome. By staying calm, exercising your right to remain silent, and seeking legal counsel, you protect yourself and ensure that the arrest process is fair and legal.