Earlier in our blog posts, we discussed your Charter protected right to remain silent upon arrest. You are also entitled to rights to counsel upon arrest under the Charter.
Upon arrest, police officers must tell you why you are being arrested and must also explain to you that you have the right to remain silent and that you have the right to speak to a lawyer. Additionally, they must tell you that if you do not have a lawyer, you can choose to contact a lawyer from a list provided by the police. Failure to give you your rights to counsel can result in serious consequences for the police, and can impact what evidence can be used against you. We recommend that you choose to remain silent and that you choose to exercise your right to counsel when you are arrested. This means telling (and possibly re-telling) police that you do not wish to give a statement, and stating out loud that you wish to speak to a lawyer. If the police continue to ask you questions, continue to repeat these two requests.
We understand that being arrested can be a stressful experience, especially if you’ve never been arrested before. We are happy to provide you with the advice and assistance you need. You can find our lawyer, Cassandra DeMelo, on the lawyers’ contact list offered by the police.
Have you been arrested? Do you have questions about your rights to counsel? Call Cassandra at DeMelo Law for a free consultation.