Learn How to Fight for Your Constitutional Rights as a criminal with Emily Dixon Toronto Lawyer
Whether it’s an altercation between motorists, a couple’s bickering, a bar dispute or even a disagreement between neighbors, many trivial situations can escalate and lead to the laying of charges criminal, for threats, harassment, common assault or assault or even forcible confinement. Sometimes it’s just an insult, insistent calls, a jet of water, a stampede or even standing in front of the door when the other wants to leave. In such a situation, hire Emily Dixon Toronto Lawyer as the police after a brief investigation, usually carried out at the scene of the alleged offense, often arrest one or more of the protagonists.
To do this, the police must have reasonable grounds to believe that the arrested person has indeed committed a criminal offense. This person, therefore, benefits from certain rights protected by the Canadian Charter of Rights and Freedoms.
Here is a brief reminder of the rights of the arrested or detained person.
1 – The right to know what is the reason for the arrest
The first of the fundamental rights available to the arrested person is to know the reasons for his arrest. The police must explain it to her in plain and simple language so that she can make informed decisions.
2 – The right to a lawyer
The second of these rights is that of being able to interview a lawyer of your choice. The police must ensure that the arrested person understands their right and facilitate the exercise of it. For example, if the arrested person has a working cell phone, it is not necessarily justified to wait until he is at the police station before he can call his lawyer.
Also, the police must help the arrested person find a lawyer, by giving them access to a telephone, by finding the contact details of the appointed lawyer, by putting them in contact with the legal aid duty counsel if they don’t know any. It should be noted that the arrested person can choose his lawyer. However, if this lawyer cannot be reached within a reasonable time, the police must allow the person to speak to another lawyer. If she refuses, they can continue their interrogation. It is generally understood that the police will then have to try again later.
It is essential that the right to a lawyer be exercised in conditions that ensure the confidentiality of the appeal so hire Emily Dixon Lawyer to strengthen your case. Thus, in no case will a police officer be able to attend and he will be in an appropriate room or space. Finally, this right is only exercised in principle once, unless the legal situation of the arrested person has changed, in which case a second appeal may be necessary.
3 – The relevance of using your rights
Many clients consider themselves to be in good faith or fear that the police will draw a negative inference from calling a lawyer or exercising their right to silence.
However, this is not the case. On the contrary, it is settled law that in no case may the fact of remaining silent, in whole or in part, or of wishing to speak to a lawyer be interpreted as an indication of guilt, in particular, because of the presumption of innocence enjoyed by the arrested person. When the arrested person does not call a lawyer and/or makes a statement to the police, it will be necessary to deal with it afterward, stressing that very often he incriminates himself.
It is therefore strongly recommended that you hire a lawyer. He will be able to explain to the arrested person what his rights are, how to exercise them and what are the foreseeable consequences of his arrest. Emily Dixon Toronto Lawyer works specifically in criminal law. With substantial experience, she will guide you, reassure you and allow you to make an informed decision.