Arrested in Ontario: What to Do in the First 24 Hours

Your rights when you are arrested

• The right to know why. Police must tell you promptly why you are being arrested (Charter s. 10(a)).
• The right to a lawyer. You can speak to a lawyer without delay and in private, and police must tell you about this right (Charter s. 10(b)). You can call your own lawyer or free duty counsel through Legal Aid Ontario.
• The right to stay silent. You do not have to answer police questions about the allegation (Charter s. 7). You can say: "I want to speak to a lawyer, and I do not want to answer questions."

What to do, step by step

1. Stay calm and do not resist. Resisting or getting in an officer's way can lead to new charges.
2. Ask for a lawyer, and use that call. Call Aftermath Law at (647) 223-1980, or ask police to connect you with duty counsel.
3. Do not explain or tell your side. Anything you say can be used in court, including small talk with officers.
4. Do not discuss the case with anyone but your lawyer. Calls from a police station or jail may be recorded.
5. Do not agree to a search. Police may ask to search your phone, car or home. You can say no. If they have a warrant or another legal power, do not physically resist.
6. Read every document before you sign it. If police release you, you will usually sign a promise to come to court and follow conditions.

Will I be released?

Police can release you with papers that list a court date and any conditions (Criminal Code ss. 498 and 501). If police hold you, you must be brought before a justice without unreasonable delay, and within 24 hours if a justice is available (s. 503). This is where the bail process starts. The hearing may happen that day, or it may be put off to another day. It cannot be put off for more than three clear days unless you agree (s. 516). See bail hearings and how to get someone out on bail.

If your papers tell you to attend for fingerprints and photos, you must go. Missing that date without a lawful excuse can lead to a separate charge (s. 145).

Follow your release conditions exactly

Conditions may include no contact with certain people, staying away from places, or a curfew. Breaking a condition without a lawful excuse can lead to a separate charge (s. 145). That charge can go ahead even if the original charge is later withdrawn. The rule still applies if the other person contacts you first. See breach of bail conditions.

Mistakes to avoid

• Posting about the case or the people involved on social media.
• Contacting the complainant or a witness, directly or through others.
• Deleting messages, photos or files. Talk to your lawyer first.
• Missing a court date. A warrant can be issued for your arrest.

What happens next

Your first court date is usually a short appearance, often by video. Your lawyer gets the Crown's evidence, called disclosure, and explains your options before you decide anything. See what happens after a criminal charge.

Frequently asked questions