There is a common misconception that when you are stopped by the police or brought to a police station that they are there simply to help you and ask you to tell your side of the story.  You should be made aware that if you are stopped and arrested by the police or, if you are asked to attend the station to answer some questions, that the police are not necessarily there to assist you or be your friend in any way. 

You should be extremely careful about answering police questions orally or on video.  If you are brought to a police station, any statement you give can be used against you in a trial.  A statement made by you may be used against you.  Therefore, the police must provide you the opportunity to speak to a lawyer before questioning. The lawyer can be one that you know or a duty counsel whose number should be provided by the police.

If you do contact a lawyer and then proceed to make a statement or continue to be questioned by the police, you cannot stop the said statement and then ask for a lawyer to be present or to contact a lawyer. The Supreme Court of Canada has made it quite clear that you are only given one opportunity to contact counsel and be provided with advice. If you make a statement, it will be admitted into court and if you make any admissions they will be used against you. 

If you are arrested, you should be willing to identify yourself and physically cooperate or you can be charged with unlawfully resisting arrest.  It will be helpful to be polite and professional, but you should ask to contact a lawyer and once contact is made, take his or her advice.  You are not obligated to provide statements to police officers.

With respect to release, there are several options that the police have. They may decide to release you with an undertaking and end up giving you an appearance notice or a promise to appear.  These documents require that you attend for photographs and fingerprints on a specific date as well as a court date. Be advised that you must appear for photographs and fingerprints or you can be charged with a criminal offence. 

The police can also decide to detain you for bail hearing within 24 hours of your arrest. If such is required you will appear in court before a justice of the peace and it will be up to the Crown and defence counsel to determine whether you should be released on your signature or whether you should be released with a surety.

A surety is an individual who does not have to put up an amount of money, but is prepared to take responsibility for the individual and make sure he or she complies with any conditions.  If there is no consent release, then a bail hearing before a Justice of the Peace will take place. It will be up to a presiding justice to determine whether you should be released or detained. This is an important part of the proceeding against you as it could be months before a matter reaches trial and you are in custody until your matter is reached. 

Contact your counsel or use the services of duty counsel in order to assist you in getting either a consent release order or to represent you at a bail hearing.  If you are released either by consent or after a hearing, you will have to comply with conditions. If you fail to appear in court or fail to comply with those conditions, you can be arrested for a breach of bail and, once arrested, it may be difficult for you to obtain bail a second time.

If you require assistance with a bail hearing, contact one of our criminal lawyers at Evans, Bragagnolo & Sullivan in Timmins or Temiskaming Shores.