Arrest: What you need to know and how to respond effectively

Being arrested can be a traumatic experience, whether it happens to you or a loved one. When an arrest occurs, it’s essential to know how to react quickly and effectively to protect your rights. Whether you’re facing an imminent arrest or simply want to be prepared in case of an emergency, here’s everything you need to know to handle an arrest proactively and ensure a solid defense from the very start.

What is an arrest?

An arrest occurs when a person is deprived of their freedom by a police officer. This means you cannot leave at will and are being held by the authorities on suspicion of a criminal offense. Here’s what you need to understand:

The police officer must have reasonable grounds to believe you have committed an offense to make an arrest.
You have the right to know why you are being arrested — the officer must inform you of the charges.
You also have the right to remain silent and not answer any questions until you have consulted a lawyer.

It’s important to remember that an arrest does not mean you are guilty — only that you are being accused of an offense. After an arrest, stay calm and focus on your rights: Do not answer any questions without speaking to a lawyer, limit your responses to identifying yourself, and avoid any resistance, even if you believe the situation is unfair.

The importance of the bail hearing

If you are held in custody after the arrest, a bail hearing (enquête sur remise en liberté) will take place quickly. This is a critical moment. The judge will decide whether you will remain in detention or be released while awaiting trial. Your lawyer can:

Propose reasonable release conditions
Present guarantees of cooperation
Convince the judge that you pose no risk

A well-prepared defense at this stage can make all the difference for the future of your case.

Why contact us quickly?

The sooner you call us, the more tools we have to help you. From the moment of arrest, every decision counts. We intervene immediately to:

Check the legality of your arrest
Assess defense options
Represent you at the bail hearing

Our team is trained to act in emergencies — with calm, efficiency, and precision.

Our Recent Successes

Over the years, Me Gagnon and his team have achieved remarkable results in defending against drunk driving charges. Here are some examples of our recent successes:

Assault and Acquittal

In an assault case, Me Gagnon and his team established an alibi defence by interviewing witnesses and gathering video footage and text messages. This work allowed them to reconstruct the events and demonstrate, through independent evidence, that the client could not have been at the scene at the time of the alleged incident. In light of this evidence, the Crown consented to the client's acquittal, allowing him to avoid a criminal conviction.

Impaired Driving and Withdrawal of Charges

In an impaired driving case, Me Gagnon reviewed the police intervention and demonstrated that his client's right to counsel had been violated. Following the client's arrest at a roadside checkpoint, the police did not prioritize transporting him to the station, delaying the exercise of his right to consult a lawyer. The defence's arguments led to the withdrawal of the charges because of this violation of his constitutional rights. As a result, the client avoided a criminal conviction in this case.

Theft and Diversion

Following two theft charges, Me Gagnon and his team directed their client to therapeutic resources suited to his circumstances. Beyond the legal defence, this support contributed to a remarkable turnaround in the client's life. The defence documented the steps the client had taken and presented his progress to the Crown. In light of these results, the Crown agreed to have the case handled through a diversion program, favouring an approach focused on rehabilitation.

Robbery and Alternative Measures

In a robbery case, Me Gagnon and his team demonstrated that post-traumatic stress disorder related to the client's past experiences had affected his behaviour during the incident. By highlighting these factors, the defence helped the Crown better understand the circumstances surrounding the incident and the client's personal situation. These efforts led to the charge being reduced from robbery to theft and the case being handled through the alternative measures program, an outcome suited to the client's circumstances.

Sexual Assault and Acquittal

In a sexual assault case, the investigative efforts of Me Gagnon and his team led to the identification and location of a key defence witness. The witness's testimony demonstrated that the events described could not have occurred in the alleged circumstances. Presented at trial, this evidence provided concrete support for the client's defence. The client was acquitted, avoiding a criminal conviction.

Domestic Harassment and Acquittal Without Trial

In a domestic harassment case, Me Gagnon and his team reviewed emails and text messages and interviewed witnesses to the incident. This work allowed them to present evidence favourable to the defence to the Crown and secure a resolution without trial. The Crown agreed to a peace bond and requested the client's acquittal, allowing him to avoid a criminal conviction.

Care or Control of a Vehicle and Acquittal

In a case involving the care or control of a vehicle while impaired, the client had fallen asleep in his vehicle while waiting for a taxi on a particularly cold winter evening during the holiday season. Me Gagnon demonstrated that the circumstances presented no realistic risk of the vehicle being set in motion. The client was acquitted, avoiding both a criminal conviction and the driving prohibition that would have followed.

Repeated Speeding Violations and Closure of the CTQ Case

In a case referred to the Commission des transports du Québec (CTQ) because of repeated speeding violations, Me Gagnon and his team helped their client implement concrete corrective measures. A driver monitoring system, coupled with a disciplinary policy, was introduced, and the heavy vehicle fleet was reduced. These steps addressed the concerns raised and led to the case being closed without intervention by the Commission, allowing the client to continue operating.

Dismissal of Charges Due to Procedural Error

Through a meticulous analysis of the case, we demonstrated that our client's constitutional rights were violated during the police intervention, leading to the dismissal of the charges.

Complete Acquittal

In a complex case, our team proved that the equipment used to measure blood alcohol levels was possibly defective, resulting in our client's total acquittal.

Sentence Reduction

In several cases, we have succeeded in obtaining significant sentence reductions by demonstrating errors in breathalyzer tests or presenting convincing mitigating circumstances.

These successes reflect our commitment to vigorously defending our clients' rights and exploring all possible avenues to achieve the best outcome.

Advantages of Working with Us