Ontario residents who are arrested or charged by police may be unsure of their legal rights. However, upon request, any person must be allowed to make a phone call to obtain the services of a criminal defense lawyer. The circumstances that give law enforcement the right to stop a person include officers suspecting the person of committing a crime or witnessing him or her committing a crime. They may also stop any person who is driving, and refusal to cooperate with officers could result in an arrest.
After an arrest, and while police believe the suspect to be a safety threat to others or to protect existing evidence, they may search the person and his or her clothes along with anything the individual is carrying. The rights of an arrested person include the right to know why he or she was arrested and the right to remain silent and call a lawyer. Those who cannot afford lawyers must be provided with legal counsel.
Sometimes, a person may be criminally charged without being arrested. This normally only happens with minor offences if police believe that the suspect will not repeat the offence, the suspect is not likely to destroy or compromise the evidence, and that he or she will attend court on the prescribed date. In these situations, the charged person will receive a written description of the offence as well as the law that was allegedly violated, along with the date at which it occurred and the scheduled court date.
Facing criminal charges typically cause anxiety, especially if this is the first clash with the law. An experienced Ontario criminal defense lawyer will strive to help the person through his or her legal problems. A skilled lawyer will take on the accused person's problems and work on a defense strategy that may bring about the best possible outcome under the circumstances.
Source: FindLaw Canada, "What are your rights when charged or arrested?", Miriam Yosowich, Accessed on May 5. 2017
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