Being arrested can be a frightening and overwhelming experience but always remember, the best thing to do is try to stay calm. Acting out of anger or panic can have undesirable circumstances and make an already stressful situation that much more challenging. If you are arrested in Alberta, you could be handcuffed or detained in jail.
Below is all of the information you should be familiar with to ensure that your rights are protected during an arrest. The more you know, the more peace of mind you will have.
- The police are supposed to tell you what the charge is – Officers cannot arrest you for no reason and should tell you what charges you are being arrested for. Be sure that you understand what the charge is so you can relay that information to us and we can give you proper legal advice.
- The police should ask if you want to call a lawyer – You have the right to a lawyer when arrested. If the police ask if you’d like to call a lawyer and you answer yes, call us immediately so that we can make sure your arrest is being handled lawfully.
- You don’t need to consent to anything unless they have a warrant – Police may want to search your phone, your car, or your house. If they don’t have a warrant, we recommend not physically trying to stop the police. You can get hurt during this process and, if that happens, we’ll deal with that later in court.
- Remember anything you say can be used against you – If the police are asking you questions, you can let them know that you’d like to wait for your lawyer to advise you whether you should answer the question. You have the right to simply ask for no comment or that your lawyer told you not to say anything. You are not obligated to respond to questioning.
- You could be recorded in a body camera and in-car police camera – A judge will have access to this recording in your trial. Before you say or do anything that can be used against you, again, remember to stay calm and go with the police – do not attempt to fight them or run away.
When you’re released, call us immediately and we will start strategizing against the charges laid out against you. As your lawyer, we are here to help you navigate what could be one of the most stressful times in your life.