Getting arrested is a stressful and degrading experience.
Most people believe that if they provide an explanation to the Police for their actions they will become "unarrested" and the whole painful ordeal will be over. Nothing could be further from the truth.
In fact, in most cases, the talkative Client makes his or her legal situation worse.
Clients need to understand that once a Police Officer decides to make an arrest, there is no changing the officer’s mind.
You will remain under arrest.
It is time to take a deep breath and think about your Constitutional Rights.
You have the right to remain silent.
Remaining silent does NOT imply that you are guilty.
It simply demonstrates that you understand your legal rights when under arrest.
It takes courage and strength to remain silent when questioned by a Police Officer, but by remaining silent you will preserve your rights under the Constitution and ensuring that you have a fair Trial.
The next step after remaining silent is to immediately request to speak to a Lawyer in private. You have the right under the Canadian Charter of Rights and Freedoms to speak to the lawyer of YOUR choice without delay. While waiting to speak to your Lawyer, you should continue to remain silent. If the Police continue to question you while you are waiting to speak with your Lawyer, an appropriate response from you would be " I wish to remain silent, I want to speak to my Lawyer please".
Repeat this answer as often as it is necessary until you have had a full conversation with your Lawyer.
Your Lawyer will then provide you with the appropriate legal advice and discuss whether you should provide a statement or not.
Our Lawyers at Kafka Kort are available to provide you with legal advice 24 hours a day, 365 days a year.
If you are local to the Belleville area, we can be reached at 613-968-3416.
Out of town Clients can reach us Toll Free at 1-888-EJKAFKA or 1-888-355-2352.
This is a free, no obligation service provided by our Firm.
Remember, having a criminal record can have a profound impact on your employment, education, travel and even volunteer activities.
Protect yourself, know your rights and exercise your right to remain silent. We will take it from there.
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Sometimes you are walking down the street minding your own business when a Police Officer approaches you and starts asking you questions like:
"Where are you going?"
"Where are you coming from?"
"Do you have Identification?"
"Can I look in your backpack?"
"What is that bulge in your pocket?"
"I am going to search you."
Normally you are startled and upset at the questions but you should respond quickly and politely
with what we like to call "The Clients' Creed".
"Officer, if I am under arrest or being detained, please tell me so and why.
If I am not under arrest and not being detained please tell me that I am free to go.
If I am not free to go, please tell me why.
I wish to exercise all my legal rights including my right to remain silent and my right to speak
to a lawyer in private before I say anything to you.
I do NOT consent to being searched.
I wish to be released without delay.
Please do not ask me any questions because I will not willingly talk to you until I speak to my lawyer.
Please respect my right to remain silent and all my other rights pursuant to the Canadian Charter of Rights and Freedoms."
The content of this website is provided for your informational purposes only and should not be considered as providing legal advice. If you wish to receive legal advice from the Lawyers at Kafka Kort you must contact our Firm directly and arrange a retainer that is acceptable to our Law Firm (either a Private Retainer or Ontario Legal Aid depending on the case). Once you receive confirmation in writing from our Firm that we have accepted your retainer, then an appointment shall be arranged to discuss your Legal issues. No action shall be taken on your behalf by our Law Firm until we are fully retained to act on your behalf.