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Being Charged and Arrested

by Uneeb Khan

In Toronto, Canada, there are a lot of gray areas regarding when you can be charged or arrested. Investigating this gray area can be risky, but knowing the ins and outs is essential to protect your rights. This article teaches you about the most common charges and when you can be arrested for them.

Being Charged By The Police Or A Member Of The Public

The police or a public member could charge you in a few ways. Below are the most common:

  • Criminal offences such as theft, burglary, robbery, and assault can all lead to criminal charges being brought against you.
  • If someone is injured due to your crime, they may be able to file a criminal complaint against you.
  • If caught driving under the influence of drugs or alcohol, you could be charged with driving while impaired.

Being charged

You can be charged with a crime if you commit an act that constitutes a criminal offence under Canada Criminal Code. Even if you have not yet been formally charged with a crime, authorities may still arrest you based on probable cause.

The following are some general principles that will help you understand when you can be arrested or charged:

  • You can be arrested for a crime even if you have not been formally charged. The mere fact that an investigation is underway is enough to put you at risk of being arrested.
  • You can be arrested even if you have previously been released from custody. This means that even if the police have placed your name on a list of people they are concerned about, they can arrest you at any time based on reasonable suspicion.
  • You cannot be arrested just because the police think you may have committed a crime. The police must have probable cause to believe that you committed a crime before they can arrest you.
  • If the police believe you may be fleeing or attempting to evade justice, they may arrest you without waiting for an official directive.

When Can You Be Charged Or Arrested?

The answer to this question depends on the specific situation. Generally, you can be charged with a crime when you have done something illegal under the law. This means that even if you didn’t mean to do anything wrong, you might still be charged with a crime.

There are a few exceptions to this rule. For example, if you are participating in a lawful protest or demonstration, you generally cannot be arrested without a warrant from a court. Similarly, if you are acting in self-defence, you cannot be held responsible for any criminal activity resulting from defending yourself.

It is important to remember that the law is complex, and there are many exceptions to the general rule. If you have been accused of a crime, it is best to contact criminal lawyers in Toronto to help you understand your legal rights and options.

Being Arrested Without A Warrant

In Canada, law enforcement officers are authorized to make arrests without a warrant if they have probable cause to believe that the individual has committed a criminal offence. This means that law enforcement officers do not need to obtain a court order to make an arrest. The only exception to this rule is if the arrest is made in connection with a search or seizure warrant.

Being Arrested With An Arrest Warrant

If you face an arrest, the odds are that you committed a serious offence. After reading your rights, the officer takes you to the police station, where you are fingerprinted. The police have the right to search you after an arrest.

The police may decide to arrest you in addition to charging you even if the offence you are accused of is not seen to be significant. If you refuse to identify yourself, the police suspect you of destroying evidence or think you might repeat the offence. In any event, it is best to consult a lawyer as quickly as possible.

Your Constitutional Rights Upon Arrest

When you are arrested, you have the right to remain silent. This means that you cannot answer any questions you ask without first having the opportunity to consult with an attorney. You also have the right to refuse to answer any questions if you feel that doing so would incriminate yourself. Finally, you have the right to have an attorney present during your questioning.

Your Constitutional Rights Upon Being Charged

When you are charged with a crime in Toronto, your constitutional rights will be protected. The Canadian Charter of Rights and Freedoms guarantees that you have the right to be informed of the charges against you, to have a lawyer present during questioning, and to be presumed innocent until proven guilty. You may also want to contact the Canadian Bar Association for more information on your rights as a criminal defendant in Canada.

If arrested and charged with a crime in Toronto, Canada, you want to hire an experienced Criminal defence lawyer as soon as possible. Contact your preferred criminal defence expert for legal counsel.

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