Frequently Asked Questions
The most important thing to remember is that you have a choice as to whether you say anything to the police -- in that initial phone call, and in any subseuqent meeting. Anything that you say to police could be used against you in later criminal proceedings. The police might call you for a number of reasons. Among those reasons, you may be a potential witness or source of information for an investigation. You may also be a suspect. At the moment that the police call you, you don't know what they really want or what they might be seeking to do with any information that they want. And whatever the police tell you might not actually delineate or restrict what they ultimately do with any information you give them. Given this lack of information on your part, you do not really understand the implications or potential conseqeunces of telling the police anything during that initial call. To exercise your choice to speak or remain silent properly, it has to be an informed choice. You need to take the steps to get informed.
Unless it is an emergency situation where, for example, the police urgently need some specific information from you in order to save someone's life or prevent some kind of disaster or tragedy, there is nothing wrong with dealing with a call from the police in the following way.
Ask the police to explain what they are calling about. Listen and take note of what the police say. Get their contact information as well. This should include the officer's name and badge number, direct phone number, and email address if possible. Without agreeing to any kind of meeting or interview, you can then let the police know that you're going to consult with a lawyer, and that you or the lawyer will get back to them promptly. This is an approach that should be acceptable to the police even if they are calling to tell you that you are being charged with an offence and must turn yourself in. If the police needed you to be arrested immediately, they would already be arresting you, instead of just calling you. After concluding the call from the police, call a criminal defence lawyer. You'll get advice on exercising your right to silence, and what you should do next, and can then have the lawyer respond to the police on your behalf. Having the lawyer do the talking ensures that you don't say anything to police that might be used against you.
You should never be receiving blanket "advice" from anyone -- lawyer or otherwise -- to never say anything to the police.
If the police are contacting you as a potential witness, then that kind of advice might constitute the crime of obstructing a police investigation. Also, as a potential witness, you may very much want to help the police in solving a terrible crime or apprehending a dangerous person, instead of staying silent. Furthermore, there are certain situations where you are required by law to say things to the police or to other officials, like the duty to report an accident under the Hughway Traffic Act. Getting advice from a lawyer will help you navigate these situations correctly.
Lying to the Police Can Get You Charged With a Crime
Your right to silence is constitutionally-protected. A criminal defence lawyer can explain how to exercise this right and the factors at play in determining whether you should. One thing you should not do is lie to the police. You have the right to remain silent, but not the right to lie. Lying to the police can get you charged with obstructing police, public mischief, or other offences, depending on the specific situation.
The Bottom Line
It's up to you what you say and whether you say anything if the police call you, but the best way to make an informed decision is to find out what the call is about, get contact information, tell police you're going to consult with a lawyer and get back to them, and then call alawyer for advice.
Tyler MacDonald may represent certain clients through a Legal Aid Ontario retainer, depending on the circumstances of the case. Contact the office to determine whether this is possible for a particular case. You should know that it is not the law in Canada that you have a right to be represented by a lawyer to defend against a criminal charge. Legal Aid Ontario sets its own criteria for whether you are eligible for assistance.
The allegations and circumstances of every case are different. For each client, a customized approach must be taken to reach the best possible result. The retainer fee will depend on the complexity of each case and the circumstances and objectives of each client. A free consultation with Tyler MacDonald is the best step toward determining the appropriate retainer fee for your case.
Mr. MacDonald provides representation against all charges under the Criminal Code of Canada and the Controlled Drugs and Substances Act. These Acts contain the most serious offences for which a person may be prosecuted in Canada, and result in the most severe sentences and penalties if a person is found guilty. Findings of guilt under these Acts will result in a criminal record if you are sentenced to anything other than a discharge (the lightest possible sentence).
You, or a young person you know, may fall under the Youth Criminal Justice Act when you are charged. The criminal charges in this case still come from the Criminal Code of Canada or the Controlled Drugs and Substances Act, but the Youth Criminal Justice Act applies special rules and procedures when dealing with people who were under the age of eighteen. The Crown must still prove the charges in the same way it would have to prove the charges against an adult. The potential sentences, however, are much different, and the adult penalties generally do not apply. Proceedings under the YCJA are also different when it comes to bail, and different legal tests apply.
You may also be charged with offences under a wide array of provincial and federal Acts. These include the Highway Traffic Act, the Income Tax Act, the Immigration and Refugee Protection Act, and the Compulsory Automobile Insurance Act. While being found guilty of some offences under these Acts may not result in a criminal record, sentences of imprisonment, severe fines, seizures of property, and other crippling penalties may be ordered or imposed. Prosecutions of these charges can lead to trials which look much like criminal trials, but the standard of proof that the Crown must meet and the procedures for establishing that proof can be much different than when trying to prove a criminal charge. Some charges under these acts actually put the onus on you, the accused, to positively prove some element in order to avoid being found guilty.
Mr. MacDonald defends against all charges -- period.