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Pre-Charge Processes

Pre-Charge Legal Advice in Canada

Pre-Charge legal advice involves the consultation of a criminal lawyer at the early stages of an investigation. If you have been involved in illegal activity or the police have identified you as a suspect of a crime, you should not wait until you are arrested to speak to a lawyer. Rather, you should contact one of our experienced criminal defence lawyers immediately. The pre-charge ...

When can the police search me?

Because you have a constitutional right to be free from unreasonable searches or seizures, there are limited circumstances where the police can lawfully search you. That is, the police can search you when you consent to a search, when they believe that you have illegal substances or weapons on your person, and when you have been lawfully arrested or detained.Firstly, police can search you if ...

What are my rights when I am interacting with the police?

In Canada, we have a number of constitutionally enshrined rights that protect us during our interactions with the police. It is important that you understand these rights, not only so that you can protect yourself, but also so that you know when you have to comply with the police’s demands.The Right to Remain SilentWhen interacting with the police, one of your most important rights is ...

When can the police lawfully arrest me?

In Canada, the police can arrest you both with a warrant and without a warrant. Arrest with a warrant: When the police are arresting you with a warrant, it means that they have already gone through the preliminary process of laying an information or of formally charging you with an offence before a justice of the peace or a judge. After laying the information, ...

What should I do after I have been arrested?

After you are arrested you should write down everything that happened in as much detail as possible. This will help you to remember the events surrounding your arrest when you go to trial, and it will also help to ensure that no important details are missed when you are reviewing your matter with your criminal defence lawyer. If you were arrested and released, you ...

When can the police stop me and question me?

The police are authorized to stop you and question you for investigative purposes when they reasonably suspect that you have committed a crime, are about to commit a crime, or when they see you committing a crime. If they have stopped you, you are required to identify yourself by providing your name, address, and date of birth if they request that you do so. ...

Can I provide a statement to the police that is “off the record”?

There is no such thing as providing a police officer a statement that is “off the record.” While some statements given to the police before you are given your right to counsel may not be used against you in trial, anything you say to a police officer is potentially “on the record.” That is, anything you say to a police officer, at any time and ...

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