Arrest, Police Questioning, and Release
If you are stopped by police or are invited or brought to a police station you should be aware that the police will probably want to ask you questions. You should be very careful about answering police questions orally or in writing or on video. It is true that whatever you say may be used against you. Please note that in Canadian law it is always the Crown, which must prove guilt. If you speak to the police about what happened you may actually help the Crown's case against you. Even if you are innocent, your admission that you were the driver or that you were present at the scene of the crime may become the only way that the Crown can prove an essential ingredient of its case. You or a relative will rarely be able to talk the police out of laying a charge. While honesty and co-operation are normally good character traits in our society, answering police questions or volunteering information may prove harmful to you in the final resolution of your criminal case. You should be willing to identify yourself and physically co-operate if you are arrested. Be polite and professional. If you decide to answer a question you should do so truthfully. Lying to police does more damage to your case than telling the truth, if you decide to speak at all you should tell the truth.
Phone me toll-free at 1-877-753-9180 for free emergency legal advice either before going to the police station or at the police station. After dealing with you, the police may decide to release you by giving you an appearance notice or promise to appear. Such a document will require that you attend for photographs and fingerprints on a specific date. The document will also require that you attend Court on a specific date. If you don't appear as required a bench warrant will be executed for your arrest and you will be charged with the offence of failure to appear. Once arrested you will find it difficult to obtain bail.