LEGAL HELP: IN TROUBLE WITH THE POLICE
WHAT DO I DO? (Or... How can I get through this?)
The "Legal Help" series is brought to you by:
The Professional Corporation of the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email legalhelp@lawyerdinnen.com
WHAT TO KNOW IF YOU ARE IN TROUBLE WITH THE POLICE
Know Your Rights
- To be free of detention unless the officer has reasonable grounds to suspect you are connected to an offence.
- To be free of any kind of search without grounds.
- To be told why you are being detained.
- To be released if the officer doesn't have grounds to suspect you are connected to an offence.
- To remain silent - say absolutely nothing - in response to an accusation.
- To be given an opportunity to call a lawyer as soon as possible upon being detained.
- To be given a phone and phone number of a free lawyer, called "duty counsel," no matter what time it is.
- Police do have the right to detain you briefly without counsel to ensure highway safety.
- To have an adult present with you before giving a statement, if you are a youth under 18.
- To insist that anything you decide to say be audio-video recorded by the officer.
- If you are not released by the police, to have your right to be released decided by a Justice of the Peace as soon as practicable.
- To have the assistance of a lawyer in court. Often, you may ask for duty counsel or apply for legal aid.
If You Believe Your Rights Are Being Breached
- You may voice your objection, but be polite and courteous.
- If you are arrested, do not resist, assault or obstruct the officer, in case you're wrong.
- Remember your right to say absolutely nothing.
After You Are Charged And Released
- Write out a detailed account of everything that happened and keep it hidden until you deliver it to a lawyer.
- Retain a lawyer as soon as possible. If you can't afford a lawyer, apply for
legal aid.
- Obtain the "crown screening form" and "disclosure" when you attend court.
- Deliver the crown screening form and disclosure to a lawyer as soon as possible.
- Ask a lawyer how you should plead.
- You may have a complete defence if your rights have been breached by police.
- Obtain written statements from co-operative witnesses.
- Obtain letters of support from employers, relatives, counsellors and others who might have information that could assist you.
How To Choose A Lawyer
- It may be a mistake to assume that the most expensive lawyer is the best one for your case.
- Ask around. Good reputations are sometimes earned.
We Can Tell You What To Do, Every Step Of The Way.
The "Legal Help" series is brought to you by:
The Professional Corporation of the Law Office of Robert A. Dinnen
4 Government Road East, Kirkland Lake, Ontario P2N 1A2
Telephone (705) 567-7979 - Fax (705) 567-7980
41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0
Telephone (705) 544-8878 - Fax (705) 544-8444
Email legalhelp@lawyerdinnen.com