Legal Help: Criminal LEGAL HELP: IN TROUBLE WITH THE POLICE

WHAT DO I DO? (Or... How can I get through this?)

The "Legal Help" series is brought to you by: The Professional Corporation of the Law Office of Robert A. Dinnen 4 Government Road East, Kirkland Lake, Ontario P2N 1A2 Telephone (705) 567-7979 - Fax (705) 567-7980 41 Third Street, P.O. Box 907, Englehart, Ontario P0J 1H0 Telephone (705) 544-8878 - Fax (705) 544-8444 Email [email protected]

WHAT TO KNOW IF YOU ARE IN TROUBLE WITH THE POLICE

Know Your Rights To be free of detention unless the officer has reasonable grounds to suspect you are connected to an offence. To be free of any kind of search without grounds. To be told why you are being detained. To be released if the officer doesn't have grounds to suspect you are connected to an offence. To remain silent - say absolutely nothing - in response to an accusation. To be given an opportunity to call a lawyer as soon as possible upon being detained. To be given a phone and phone number of a free lawyer, called "duty counsel," no matter what time it is. Police do have the right to detain you briefly without counsel to ensure highway safety. To have an adult present with you before giving a statement, if you are a youth under 18. To insist that anything you decide to say be audio-video recorded by the officer. If you are not released by the police, to have your right to be released decided by a Justice of the Peace as soon as practicable. To have the assistance of a lawyer in court. Often, you may ask for duty counsel or apply for legal aid.

If You Believe Your Rights Are Being Breached You may voice your objection, but be polite and courteous. If you are arrested, do not resist, assault or obstruct the officer, in case you're wrong. Remember your right to say absolutely nothing.

After You Are Charged And Released Write out a detailed account of everything that happened and keep it hidden until you deliver it to a lawyer. Retain a lawyer as soon as possible. If you can't afford a lawyer, apply for legal aid. Obtain the "crown screening form" and "disclosure" when you attend court. Deliver the crown screening form and disclosure to a lawyer as soon as possible. Ask a lawyer how you should plead. You may have a complete defence if your rights have been breached by police. Obtain written statements from co-operative witnesses. Obtain letters of support from employers, relatives, counsellors and others who might have information that could assist you.

How To Choose A Lawyer It may be a mistake to assume that the most expensive lawyer is the best one for your case. Ask around. Good reputations are sometimes earned.

We Can Tell You What To Do, Every Step Of The Way.

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