Your rights when arrested or charged in Brampton | Criminal Defence Brampton



Arrested with or without a warrant


Being arrested by the police can be a very traumatizing event. At Hundal Law Firm in Brampton, we have extensive experience in assisting people during this time. As a Brampton law firm, we take pride in being considered a top Brampton criminal lawyer and, are often contacted by people who have just been arrested. The police can arrest someone either with or without a warrant. An arrest warrant may be issued by a judge if there is a reasonable belief that a crime has been committed. However, if a person has allegedly committed a serious offence or is thought to be in the process of committing a serious offence, then the police can arrest that person without a warrant. If you have been charged with a crime, it is important to get an experienced defence law firm. If the police have charged you, then they may decide just to release you from the spot and, give you a paper that has a court date for you to attend in the future. If you fail to attend court, then a warrant may be issued for your arrest and you may be charged with additional offences. At our firm, as a Brampton criminal lawyer, you can schedule a free initial consultation and, if you decide to hire us then we can make arrangements to attend court on your behalf.


Rights upon arrest


There may also be a scenario, where after the police have charged you and, they may place you under arrest and take you back to the police station.  At the point of arrest, the police will formally advise you of your rights. You will have the opportunity to telephone a lawyer for legal advice. As a Brampton criminal lawyer, part of our main responsibility is to provide informed advice if you call us from the police station. Part of that advice would include the fact that you are not obligated to answer any interview questions regarding any allegations. As a top Brampton criminal lawyer, being fully knowledgeable of the law is of great importance and, the applicable law in section 7 of the Canadian Charter of Rights and Freedoms, which states that; everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except, in accordance with the principles of fundamental justice. Essentially this means you have the right to remain silent. If you do however give a statement, then it should be truthful. If the Charter right is violated by the police, then at the court hearing we will attempt to exclude the statement and any evidence derived from it. In addition, for any statement to be admissible in court, it has to voluntarily given and, this means that the police did not use any oppression or threats or make any promises or use trickery and, that the person giving the statement had a clear operating mind. Part of our role as a Brampton criminal law firm, is to ensure that any time spent in custody will be as least stressful as possible and use our maximum ability as a defence law firm.