Calling your lawyer should be the first thing to do (or ask for) when you get arrested, but not many people would consider this for their first action even though the arresting officer would cite this as a right of the arrested individual.
The police is mandated by law to inform anyone that they arresting of the right to legal counsel; and if they don’t or refuse to fulfill that part of their duty, then the arrest will have loopholes that a lawyer can use against the arresting officer.
When to Contact a Lawyer and Why
Upon being informed of your arrest, the police have an obligation to help you contact your lawyer or get you in touch with one (if you don’t have a lawyer yet) as soon as possible. They’re also obligated to help you contact a specific lawyer if needed as part of your right to choose your counsel. This is stipulated in the Canadian Charter of Rights.
Legally speaking, the police cannot interview you if you haven’t spoken to your lawyer and if not given reasonable opportunity to do so. This is because what you say may be used against you, same as procedures or tests you take without consulting your lawyer may be used as evidence against you as well.
The police is bound by duty to help you contact your lawyer by several means, including making multiple phone calls if the lawyer’s contact details are unreachable. The police is also obligated to help you talk to more than one lawyer if the first one contacted isn’t the right one to assist you with your arrest. If for any reason your lawyer is not answering or can’t be found, the police is expected to wait for a reasonable time before going for the next steps, such as getting you another lawyer.
Understanding your legal rights is part of making sure that you get the best defence possible for your case aside from getting a seasoned lawyer. If you don’t have a lawyer yet or is looking for one, Calvin Barry has extensive experience in criminal law and can help you with your arrest. Contact Calvin Barry today!