After facing an arrest or a criminal charge in Toronto, it is important to know what steps to take. This article outlines the steps you should take when facing charges, including finding an attorney, cooperating during your arrest, and preparing for your trial. Also, you gain tips on dealing with the stress of facing criminal charges.
Cooperate with the Arresting Officer or Law Enforcement
When facing arrest, it is important to cooperate with law enforcement. Although the situation is daunting, remember that the police are doing their job. By remaining calm and following their instructions, you can render the process smoother. Exercise your right to remain silent until you speak to a criminal defence lawyer. But even if you cannot do those things, cooperating with the arresting officer ensures that your rights are respected.
Hire a Lawyer – The Sooner, The Better
Facing a criminal charge is a serious matter that could have far-reaching consequences. After being charged with a crime, you must call a Toronto criminal lawyer as soon as possible. Criminal defence attorneys could provide invaluable guidance and support during this difficult time. They help you understand the charges against you, explain your rights, and develop a strong defence strategy. In addition, your defence lawyer could negotiate with prosecutors on your behalf and advocate for a fair outcome. The faster you hire an attorney, the better your chances of achieving a favourable result.
Stay Calm and Do Not Panic
It is natural to feel overwhelmed after being charged with a crime. But it is important to stay calm and think about the situation logically. Remember, facing Toronto criminal charges does not automatically mean that you will be convicted. Also, upon conviction, you have ways to minimize the impact on your life. So take a deep breath and try to stay calm. This is not the time to make any rash decisions.
Remain Silent to Avoid Incriminating Yourself
In Canada, the right to remain silent is guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. When you are detained or arrested by police, you have the right to:
- Consult with an attorney before questioning.
- Have a lawyer during questioning.
- Have a criminal attorney appointed if you do not have one.
You do not want to answer any questions asked by law enforcement before talking to your lawyer. In some cases, speaking to the police can harm your case. The prosecution could use anything you say against you in court. For this reason, it is wise to remain silent and speak to an attorney instead.
Your attorney can help ensure that your rights are protected and that you are not taken advantage of by the criminal justice system. Next time the law enforcement officers arrest you, remember that you have the right to remain silent. It could be the most important thing you do for your case.
Make Notes When You Can
Writing down details relating to your charges is imperative. If you are in police custody, request a paper and pen and begin taking down notes. Record everything you recall regarding the events that led to your arrest. However, do not document any statements that the prosecutor could use against you in court.
Your chances of building solid defences are higher if you offer your attorney correct details when they are still fresh in your mind. Other crucial information to write down is your location and who you were with during your arrest or when the criminal offence occurred. The importance of documenting correct details is because the prosecution team begins gathering pieces of evidence against you the instant you are arrested.
Request to Know About Your Charges
Elements of the law are complex. For instance, few people know the difference between a felony charge and a misdemeanour charge. You cannot understand the weight of the allegations against you or even the possible punishment upon conviction. In Canada, you have the right to know what charges you face. Also, it would be best if you did not plead guilty without fully understanding your charges and the consequences of pleading guilty.
List Down Possible Witnesses
When writing your statement while in police custody, list down the contact details of anyone who could testify in your favour. Begin by writing all witnesses’ names who were present when and where the crime occurred.
With this list, your attorney could contact the witnesses and ascertain that their side of the story matches yours. You want to gather only witnesses you are in good rapport with to testify to your great conduct. Your criminal defence attorney could use your witnesses to prove your innocence during trial.
Prepare for Your Trial
After learning the charges you face, you want to prepare for your trial early enough. Preparations involve:
- Staying calm and collected.
- Gathering pieces of evidence to support your defence.
- Working with your lawyer to develop a solid strategy.
Ask the law enforcers to read your charges again if you did not hear them the first time. You should know the particular criminal charges against you. You can only build strong defences to fight the charges if you are aware of the offence you or a loved one has committed.
Upon conviction for serious offences like rape or murder, you could lose various rights after completing jail time. For example, you lose the right to vote, own a gun, serve in the military, or have a professional license. Remember, the goal is to prove your innocence or get the charges against you reduced.