Disclaimer: This article is meant to be informational and does not constitute legal advice. Reading this article does not make me your lawyer. If you are charged with a criminal offence, seek legal advice immediately.

Most people cannot fathom being charged with a criminal offence. While there is a small group of people who are embroiled in criminal activity, the vast majority of us strive to lead law-abiding lives. However, even this latter group can unexpectedly become entwined in the legal process. Driving home after one too many glasses of wine at dinner, getting into a physical altercation or smoking a joint of marijuana with your friends are all real life situations that can lead to criminal charges. Even if you are not directly charged, you may know someone who is – perhaps a family member or friend.

Not surprisingly, navigating the criminal justice system can be a complex and stressful process. Having a police officer handcuff you, spending a night in jail, and being hauled into a courtroom where strangers make decisions on your behalf all culminate into a jarring experience. Additionally, the key players in the criminal justice process – police officers, crown attorneys, defence counsel and judges – are more often than not all Caucasian. For a Tamil person caught in the process, this racial divide may only serve to exacerbate one’s feelings of anxiety and alienation.

In an attempt to alleviate some of these feelings, this four part series will provide some basic yet crucial information about the criminal justice process. In the unfortunate event that you or someone you know becomes charged, being armed with this knowledge will hopefully make the process at least slightly less frightening.

Part 1: The Arrest

A police officer can arrest an individual with or without a warrant. For most offences, police can arrest an individual without a warrant if they have reasonable grounds to believe the person committed an offence. They can also arrest people they catch committing or about to commit a crime.

If a police officer gets an arrest warrant and the person to be arrested has a lawyer, a predetermined date and time can sometimes be arranged for the individual to surrender him or herself to police. The benefit of this option is that it avoids the embarrassment of having the police unexpectedly arrive at one’s home or workplace.

Upon arrest, a set of rights is triggered. Many of you likely know some of these rights, albeit the American counterpart, from watching crime dramas. For brevity’s sake, the two most salient rights at this stage are the right to counsel and the right to remain silent.

Right to Counsel

You have a right to speak to a lawyer. Unless you are underage, you do not have a right to speak with your parents or anyone else. Usually you will be placed in a room at the police station and an officer will provide you with a telephone. If you do not know a lawyer’s telephone number, a telephone book may be provided or perhaps an officer will locate the number on your behalf. If you are unable to reach your lawyer, a message can be left and you are often allowed to call the lawyer again. However, where multiple efforts to reach your lawyer prove fruitless, you will likely be asked to contact a different lawyer or speak to duty counsel.

Duty counsel are lawyers employed by the government who represent people who do not have lawyers. A 24-hour 1-800 number can be called to obtain free legal advice from duty counsel when a person has been arrested.

It is important to emphasize that you usually only get one phone call to speak with a lawyer. Generally, the only time you get another opportunity to speak with a lawyer is if the charges you are facing become more serious or if you are requested to participate in a police procedure such as a line up. With that in mind, it is very important to take advantage of this phone call. Be thorough and ask a lot of questions.

Right to Silence

It is only after you have had the opportunity to speak with a lawyer that police are permitted to conduct an interview. You do not have to answer any of their questions. There is one simple reason why you should not: it will not help your situation. No matter how honest, charismatic or pretty/handsome you are, you are not going to be able to talk your way out of your charges. Instead, the police interview can confirm what the police believe happened or may result in you lying which can have profound negative consequences in the long run.

While you may think it is important to tell “your side of the story” you will have better opportunities to do that later. You can give your version of events to your lawyer in his or her office. And you can testify at trial. Both options are better than giving a statement to police during a highly stressful and coercive police interrogation.

You should also know that merely telling the police you do not want to speak them will not deter them from continuing to question you. They are allowed to continue despite your protests. They may say, for example, “if you have nothing to hide, why are you refusing to answer our questions” or perhaps list the alleged evidence against you in an attempt to get you to confess. One should be cognizant of these practices.

What happens next

At the end of your police interview, likely one of three scenarios will take place: first you may be released on what is called a summons or “promise to appear” which is literally a promise by you to appear at your first court appearance. Second, you may be released on “your own recognizance” where you can pay up to $500 if you fail to satisfy the terms of the release or on an “undertaking” to abide by certain conditions. Your lawyer can assist in amending these conditions at a later date. Last, you can be held for what is called a bail hearing – this process will be the subject of Part 2 of this series.