Law Talk: What to know when you're charged with a crime
No matter how minor, being charged with
a criminal offence is one of the worst things
that can happen to you. But if you or anyone
you know is ever charged, here are four
things you should know about the process.
You won't always be arrested
Police officers don't have to arrest you just because they are charging you with a crime, and quite often they won't. For minor offences, an officer may give you an Appearance Notice — basically a piece of paper telling you what you are being charged with and the date and time to appear at court. Make sure you go to court if an officer has given you one of these; it is a criminal offence not to show up and a warrant will be issued for your arrest.
Sometimes you will be arrested
For more serious offences, the charging officer will place you under arrest. The officer must immediately inform you of what you are being charged with and read you your rights, a process similar to the "Mirandizing" of arrestees in the United States. The officer will not tell you that you have the right to remain silent, but you do have this right, which flows as a consequence of your right to speak to a lawyer. The officer must ask you if you want to speak to a lawyer and, if you say yes, must give you an opportunity to do so as soon as reasonably possible. Until you've spoken to a lawyer, the officer cannot question you or try to get you to admit to anything.
One thing cannot be emphasized enough: if you have been arrested, do not say anything until you have spoken to a lawyer. Even if you're completely innocent of the charge, there is usually nothing you can say that will convince the police of this. Rather, anything you say will only be used to help prosecute the charge against you.
The police don't always need a warrant
The police don't always need a warrant to arrest you. In most cases, they don't need a warrant if they catch you in the act of committing a crime, or if they have reasonable and probable grounds to believe you've committed a crime. They do need a warrant to arrest you inside of your own or anyone else's home, but there are many exceptions to this, including if they've chased you into your home while trying to arrest you. You should always exercise your right to counsel when asked and have a lawyer determine whether an arrest was lawful.
You'll usually be released quickly
After being arrested, you will usually be held and released, unless you've been charged with a crime carrying a prison term of five years or more, if the police believe you pose a public threat or if the police believe you won't show up at court. If you aren't released, you must be taken in front of a Justice of the Peace within 24 hours, or the earliest feasible time if that is not possible. If you've been charged with a serious crime, the police may photograph and fingerprint you while you're being held.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice, please contact a lawyer, community legal clinic, Justice Net at 1- 866-919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
You won't always be arrested
Police officers don't have to arrest you just because they are charging you with a crime, and quite often they won't. For minor offences, an officer may give you an Appearance Notice — basically a piece of paper telling you what you are being charged with and the date and time to appear at court. Make sure you go to court if an officer has given you one of these; it is a criminal offence not to show up and a warrant will be issued for your arrest.
Sometimes you will be arrested
For more serious offences, the charging officer will place you under arrest. The officer must immediately inform you of what you are being charged with and read you your rights, a process similar to the "Mirandizing" of arrestees in the United States. The officer will not tell you that you have the right to remain silent, but you do have this right, which flows as a consequence of your right to speak to a lawyer. The officer must ask you if you want to speak to a lawyer and, if you say yes, must give you an opportunity to do so as soon as reasonably possible. Until you've spoken to a lawyer, the officer cannot question you or try to get you to admit to anything.
One thing cannot be emphasized enough: if you have been arrested, do not say anything until you have spoken to a lawyer. Even if you're completely innocent of the charge, there is usually nothing you can say that will convince the police of this. Rather, anything you say will only be used to help prosecute the charge against you.
The police don't always need a warrant
The police don't always need a warrant to arrest you. In most cases, they don't need a warrant if they catch you in the act of committing a crime, or if they have reasonable and probable grounds to believe you've committed a crime. They do need a warrant to arrest you inside of your own or anyone else's home, but there are many exceptions to this, including if they've chased you into your home while trying to arrest you. You should always exercise your right to counsel when asked and have a lawyer determine whether an arrest was lawful.
You'll usually be released quickly
After being arrested, you will usually be held and released, unless you've been charged with a crime carrying a prison term of five years or more, if the police believe you pose a public threat or if the police believe you won't show up at court. If you aren't released, you must be taken in front of a Justice of the Peace within 24 hours, or the earliest feasible time if that is not possible. If you've been charged with a serious crime, the police may photograph and fingerprint you while you're being held.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice, please contact a lawyer, community legal clinic, Justice Net at 1- 866-919-3219 or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Please call us at 519- 661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
