Speaking to the Police After an Arrest: What You Need to Know

After an arrest, many people instinctively want to explain their version of events to the police. They may believe that speaking immediately will correct a misunderstanding, persuade the investigators or prevent charges from being laid.

In practice, that reaction can be risky. When a person is arrested or detained, every statement may matter. A statement given too quickly, without time to reflect and without legal advice, may later be used in the criminal case.

Before speaking with the police, it is important to understand two fundamental rights: the right to remain silent and the right to counsel.

1. The Right to Remain Silent: An Essential Reflex

The right to remain silent allows a person who is arrested or detained not to answer police questions about the alleged facts. This is not hostile behaviour. It is the ordinary exercise of a fundamental right.

You can be polite, calm and respectful while declining to discuss the case until you have spoken with a lawyer.

Useful wording: “I wish to remain silent and consult a lawyer before answering any questions.”

You should then maintain that position. Police officers may continue asking questions after you have exercised your right to remain silent. You may calmly repeat that you do not wish to answer.

2. Why Avoid Giving Your Version Immediately?

A person who has just been arrested is rarely in the best condition to give a complete and accurate statement. The person may be stressed, tired, worried, intoxicated, confused or simply overwhelmed by the situation.

Even when your intentions are honest, a statement can create difficulties:

You may forget important details;
You may express certain points poorly;
You may answer a question without understanding its significance;
You may unintentionally confirm part of the evidence;
You may create inconsistencies with a later account;
You may give the police information they did not yet have.

In a criminal case, a statement is not assessed solely according to what you intended to say. It is assessed according to the words used, the context, omissions, inconsistencies and any elements that may support the prosecution’s case.

3. The Lawyer’s Role Before Any Statement

Before answering the police, it is advisable to speak with a criminal lawyer. The lawyer can explain your rights, assess the risks of giving a statement and advise you on how to proceed.

In many situations, prudence requires that no statement be given to the police until you have at least a basic understanding of the case, the potential charges and the legal consequences.

A lawyer’s role is not limited to the trial. Legal advice can be useful from the first contact with the police, sometimes even before an arrest when a person receives a call asking them to attend at the station.

4. A Call from the Police: Should You Attend?

The police may contact a person and ask them to attend at the station. The tone may sound administrative or cordial. Nevertheless, the request can lead to an arrest, an interrogation, fingerprinting or the service of documents.

Before attending, it is advisable to consult a lawyer. Even minimal preparation can prevent significant mistakes.

A lawyer can help you understand:

Why the police want to meet with you;
Whether an arrest is likely;
Which documents may be given to you;
How to properly exercise your right to remain silent;
What to do if release conditions are imposed.

5. Documents Given After the Arrest

After an arrest, the police may release you on an appearance notice or an undertaking. The undertaking may include conditions. You may also be required to attend at a specified time for fingerprinting.

Keep all of these documents and provide them to your lawyer promptly. They often contain important information, including the court date, the fingerprinting date, the conditions to be followed and any prohibition against contact or attending at certain places.

Breaching a condition can lead to a new charge. Read the documents carefully and obtain an explanation if any condition is unclear.

6. What If You Remain Detained?

In some cases, the police do not release the arrested person. The person must then appear before a justice of peace. The prosecution may consent to release or oppose it.

If the prosecution opposes release, a bail hearing may be required. This stage must be prepared carefully. It may be necessary to propose an address, a surety or specific conditions to reassure the court.

7. An Arrest Is Not a Conviction

Being arrested does not mean that you are guilty. It means that an investigation or proceeding is underway. What happens next will depend on the evidence, the legality of the police intervention, any statements obtained, the conditions imposed and the defense strategy.

The first decisions therefore matter. The best reflex is simple: do not improvise. Remain silent, ask for a lawyer, keep your documents and promptly obtain advice tailored to your situation.

If you have been arrested or the police have asked you to attend at the station, a prompt consultation with a criminal lawyer in Gatineau may help you avoid mistakes from the outset.

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Frequently Asked Questions

Do I have to explain my version to the police?

No. You may remain silent and consult a lawyer before deciding whether it is advisable to give a statement.

Can the police continue asking me questions?

Yes. They may continue to ask questions. You may nevertheless maintain your decision to remain silent.

Does asking for a lawyer make me look guilty?

No. Asking for a lawyer is the ordinary exercise of a fundamental right.

Can I call a lawyer before attending at the station?

Yes. This is recommended when a police officer contacts you about a criminal investigation or a possible arrest.

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.

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Advantages of entrusting us with your case

Avoid the loss of your driver's license
Avoid demerit points
Avoid a conviction
Avoid a criminal record

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