Being arrested can be among the most stressful things that happen to you. Most people have never had to deal with the criminal justice system before and don’t know what happens after the police have placed them under arrest. It is common to feel overwhelmed and anxious, confused, and worried about your future.
Understanding the process can help you make better choices and reduce the number of errors that can negatively impact your case if you have been arrested by Peel Regional Police in Brampton, Mississauga, or anywhere else in Peel Region.
Be Calm and Use Your Right to Remain Silent
After an arrest, the police will introduce themselves, tell you why you have been arrested, and then take you into custody.
You are entitled to remain silent. When asked questions about the allegations, you do not have to respond. While providing identification when requested is necessary, you do not have to give a version of events surrounding your arrest.
Some people think they can “clear everything up” through their words. In fact, anything said while being interviewed by the police can become evidence to be used in court. Typically, it would be advisable to delay responding to any inquiries about the allegations until you have consulted a criminal defense attorney.
You Have the Right to Consult With a Lawyer
One of the very first rights the police must offer you after your arrest is the chance to call a lawyer.
If you do not have a lawyer, you will likely be provided with information about duty counsel (who can offer immediate guidance), even if you plan on hiring your own attorney. It is often a good idea to consult with duty counsel prior to participating in any police interviews.
This consultation is private. The police cannot monitor your discussions with your lawyer.
You May Be Searched
Following an arrest, there may be a search conducted for officer safety, to protect evidence, or to inventory items you have in your possession before placing you in a detention area.
Depending on the specifics of your case, officers may search your clothes, personal property, bags, or vehicles. There are some instances in which more comprehensive searches can be allowed pursuant to applicable law.
Whether a search was lawful depends on the specifics of each individual’s case. If you feel that your rights were breached during the course of a search, your lawyer can assess the facts and determine whether the search can be contested.
Interviews With Police Investigators
The investigators may inquire if you wish to submit a written statement.
As previously mentioned, you are under no obligation to answer any questions regarding the allegations. Even casual comments made to the investigators can ultimately be entered as evidence.
Many people feel pressured to describe their circumstances, believing that cooperation will lead to having the charges dropped. Unfortunately, criminal investigations rarely follow this model. Once the investigators believe they have sufficient grounds for laying charges, their focus is typically directed towards collecting further evidence.
Typically, the best course of action is waiting until you have obtained legal advice.
Bail Hearing
Once processed by the police, they must either release you or set a date for you to attend a bail hearing.
In general, those charged with minor offenses are usually released from custody once they have met the initial requirements. Conditions that may be attached to releases include:
- Attend all scheduled court appearances.
- Refrain from communicating with certain individuals.
- Avoid certain areas or locations.
- Stay within Ontario or Canada unless otherwise permitted.
- Do not possess any weapons or firearms.
If the police refuse to grant you bail, you will normally appear in front of a judge for a bail hearing as soon as possible.
First Court Appearance
If charges are laid, you will receive a court date. For many criminal cases in Brampton, appearances take place at the Brampton Courthouse.
At your first appearance (usually an administrative appearance), the court does not hear whether or not you are guilty or innocent. Instead, the court addresses issues related to:
- Confirming your identity.
- Ensuring you are represented by an attorney or allowing sufficient time for you to retain one.
- Setting future appearances.
- Beginning disclosure.
Disclosure refers to the collection of documents and evidence intended by the Crown Prosecution Service for trial purposes. Examples of potential disclosure material include police reports, witness statements, photos, surveillance video, recordings, and any other relevant documents.
Avoid Discussing Your Case
Once released, refrain from discussing your case with colleagues, family, on social media, through text messages, email, or other forms of communication.
Even when sharing information with trusted contacts, it is possible for them to inadvertently compromise your position. The safest way to communicate about your case is with your lawyer, who enjoys protection through solicitor-client privilege.
Comply With All Conditions of Release
When released on conditions, treat every condition seriously.
Missed court appearances, contacting persons you were forbidden from contacting, or violating any other conditions of release may result in new criminal charges that could also negatively affect your ability to get bail in the event of future arrests.
Should any condition create unanticipated hardships, speak with your lawyer. Depending on the nature of these challenges, it may be feasible to request that certain conditions be modified.
Each Criminal Case Is Unique
There are few, if any, criminal cases that are identical. The types of evidence presented, the manner of arrest, statements provided, and actions taken by the police can all influence how your case unfolds.
A seasoned criminal defense lawyer will carefully analyze each aspect of the evidence, assess whether any of your Charter Rights were infringed, evaluate weaknesses in the Crown’s position, and develop an appropriate defense strategy based on your unique circumstances.
Obtaining legal representation earlier rather than later allows for greater opportunities to safeguard your rights and future.
Speak With Gurasish Today
If you have been arrested by Peel Regional Police, do not wait to get legal advice. Early decisions can have a significant impact on the outcome of your case.
Contact Gurasish at GPS Criminal Law for a free, in-depth consultation. He will take the time to understand your situation, explain the criminal court process, answer your questions, and discuss the defence options available to you. Whether you have been charged with assault, impaired driving, theft, drug offences, fraud, or another criminal offence, experienced legal guidance can make a meaningful difference from the very beginning of your case.