Law Talk: What to do if you are arrested

We all think it can't happen to us. We're good people who stay away from trouble. How could we ever get arrested?

The truth is, every single day at Community Legal Services we see ordinary people who find themselves in extraordinary situations. Some people are falsely accused by jealous spouses; others are the victims of mistaken identity; still others simply find themselves in the wrong place at the wrong time. The bottom line is that anyone can be arrested.

This article explains what you should do if you find yourself the subject of a police investigation or arrest.

1. Remain silent
You have a right to remain silent. Exercise it!

This is the number one most important thing you can do when you're arrested, and it's also the number one most common thing that people fail to do. Everyone has a natural desire to try to talk their way out of the situation. Even during investigative stages when you haven't been placed under arrest, the best thing you can do is decline to give a statement to police.

Understand that when authorities ask you questions, they are doing so for the singular purpose of gathering evidence against you. Anything you tell police will be used against you in court. It will never help you. Even an outright denial can be used against you if you later want to explain your side of the story in court.

You will be interrogated. Depending on the seriousness of the accusations against you, be prepared for interrogation to be very intensive. Police have a variety of techniques designed to break down your willpower to get you to make a statement. Police are even legally allowed to lie to you in an effort to get you to talk. Your liberty depends on you remaining silent.

Also keep in mind that cellmates are not your friends. They could be undercover officers or they could be subpoenaed to testify against you. Resist the desire to talk about your situation with others at the jail.

2. Ask to speak to a lawyer immediately
You have a right to counsel. Exercise it!

Once you're in police custody, your lawyer is your only friend. They are the only person you can safely speak to, and they are the only person that will stand with you against the enormous power of the authorities. The need for a lawyer's assistance is especially apparent in the face of an intensive police interrogation.

The right to counsel is the gateway to all your other civil rights. Your lawyer will advise you on which questions you can answer and what you can do to better your immediate situation.

Do not assume that you do not need a lawyer because you are innocent. Even the innocent are sometimes wrongly convicted. The downhill slope to a wrongful conviction begins at the police station.

If you do not have your own lawyer, you can speak to duty counsel for free by calling a 1-800 number that the police must provide.

3. Be polite
Yelling and swearing at police, despite your frustration, is never a good idea. Actually hitting an officer is an excellent way to land yourself in the hospital and to find yourself charged with additional criminal offences. Your best bet is to silently comply with police directions and not resist arrest in any way.

It is absolutely crucial that you remain polite and respectful with police. Once the cuffs are on, they have enormous power over you. They can decide to release you immediately or hold you in jail overnight. They can decide which offences to charge you with. They can decide which conditions you will have to abide by until your trial date. All of these decisions will be made in light of the respect and courtesy you have shown to police.

4. What to say
Memorize these words, and say nothing else: “Officer, I respectfully decline to give a statement, and I want to speak with a lawyer. Thank you.”

This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS (a $6.00 charge will apply). You can contact Community Legal Services at 519-661-3352 to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
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