Key Takeaways
- Get legal advice before giving a statement about a suspected criminal offence.
- Arrest or detention brings specific rights, including access to legal advice.
- Remaining silent does not necessarily stop police from asking questions.
- Preserve relevant records and discuss your circumstances privately with your lawyer.
An unexpected police call can leave you worried about your freedom, employment and family.
Before responding, understand why police want to speak with you. Police questioning can form part of a criminal investigation, even when the conversation sounds informal. Speaking with a criminal defence lawyer early helps you make informed decisions.
Why Do Police Want to Question You?
Police may contact someone as a witness, complainant or potential suspect. However, you should not assume that a friendly conversation means there is no legal risk.
Ask for the officer’s name, badge number, police service and contact details. You can also ask what the conversation concerns and whether attendance is voluntary.
Verify the officer’s identity through the police service’s publicly listed number. Then explain the request to your lawyer before discussing the alleged incident.
Avoid guessing about what investigators already know.
Do You Have to Attend a Police Interview?
A voluntary invitation is different from an arrest, detention or legally enforceable requirement. Whether you must attend depends on the circumstances and any legal authority involved.
If you are uncertain, ask whether you are required to attend and on what basis. A lawyer can assess the request and advise you about responding.
Do not ignore court documents, an existing reporting obligation or a formal legal requirement.
Getting advice before a voluntary interview allows you to consider the risks without making rushed decisions.
What Are Your Rights During Police Questioning?
Ask Whether You Are Free to Leave
A conversation with police does not always amount to detention. However, detention can involve physical restraint or circumstances where a reasonable person would feel they have no choice but to comply.
If your position is unclear, ask whether you are detained or free to leave. Avoid arguing about the law at the scene; raise your concerns with counsel. Section 9 – Arbitrary detention
Request Legal Advice if Arrested or Detained
Section 10(b) of the Canadian Charter of Rights and Freedoms protects the right to retain and instruct counsel without delay upon arrest or detention.
Police generally must explain this right and provide a reasonable opportunity to exercise it. When you request counsel, they generally must hold off on eliciting evidence until that opportunity has been provided, subject to recognized exceptions.
Clearly state that you want to speak with a lawyer. If language or communication difficulties prevent understanding, say so. Section 10(b) – Right to counsel
Understand the Right to Remain Silent
In an ordinary criminal investigation, you generally do not have to answer questions about an alleged offence. However, specific legal duties can apply, including some identification and driving obligations.
Remaining silent is different from providing false information. Do not invent an explanation, guess at details or assume an inaccurate answer can easily be corrected later.
After you have consulted counsel, police may continue questioning you.
Why Seek Advice Before Explaining Your Side?
People often believe that giving their version immediately will resolve a misunderstanding. However, an interview may involve questions about dates, messages, relationships or events that require careful consideration.
Stress can affect how clearly you communicate.
A criminal defence lawyer can help you understand the implications of providing a statement. They can also identify issues that require further information before advising you on your options.
Seeking advice does not establish guilt. It helps you approach a serious situation with a clearer understanding of your rights.
What Should You Prepare for a Lawyer Consultation?
Gather the officer’s contact information, any messages requesting an interview, and documents you have received. Note important dates, including scheduled attendance or court appearances.
Tell your lawyer whether you have already spoken with police and what you remember saying. Also mention any existing release conditions.
Preserve potentially relevant messages, emails, photographs and other records. Do not delete or alter material, contact people to coordinate accounts, or post allegations online.
If you are considering contacting a complainant or witness, first discuss this with counsel, especially where contact restrictions may apply.
How Brij Mohan & Associates Can Help
Brij Mohan & Associates represents people facing criminal allegations and guides the first police contact through subsequent proceedings.
The firm’s criminal defence lawyers in Brampton can discuss your situation, explain available options and help you understand the next steps. www.brijmohan.com
You can also explore the firm’s courtroom experience. For confidential advice about police questioning, contact Brij Mohan & Associates or call 1-800-871-1196.
Frequently Asked Questions
Should I Get a Lawyer Before Charges Are Laid?
Yes, seeking advice can be useful before charges. A lawyer can explain the interview request, assess your circumstances and advise about the next steps.
Can Police Question Me After I Ask for a Lawyer?
Following arrest or detention, police generally must provide a reasonable opportunity to consult counsel before eliciting evidence. Questioning may resume after that consultation. Section 10(b) – Right to counsel
Does Remaining Silent Mean Police Must Stop Questioning?
No. Police may continue asking questions after you have received legal advice. Your lawyer can explain how the right to remain silent applies. cleo.on.ca
Can My Lawyer Sit Beside Me During an Interview?
Adults generally have no automatic right to counsel’s presence throughout questioning. Youth have additional protections, so obtain advice appropriate to the person’s age and circumstances. cleo.on.ca
What if I Have Already Given a Statement?
Tell your lawyer promptly and accurately what happened. Preserve relevant records and avoid assuming that a further statement will correct the situation.
This article provides general information. Legal advice depends on your circumstances.