You have just been arrested. What happens now?

The first forty eight hours, your rights, and the decisions that matter early in an Ontario criminal case.

Understanding the Sequence After an Arrest

Arrest, caution, the right to counsel, questioning, then either release with conditions or a bail hearing. Each of those steps has rules attached to it.

1. You Have the Right to Remain Silent

You are not obliged to answer questions, explain yourself, or give your version of events. No adverse inference can be drawn at trial from the fact that you said nothing. The instinct to clear things up is completely understandable and it is almost always harmful.

2. You Have the Right to Counsel Without Delay

Once you are detained, police must tell you of the right to a lawyer and must give you a real opportunity to speak to one in privacy. If you ask for counsel, questioning must pause until you have had that opportunity.

3. What Police Can and Cannot Search

A search incident to arrest has limits. Searching a phone, a vehicle, or a residence generally requires lawful authority or a warrant.

4. Release or a Bail Hearing

Police may release you with conditions or hold you for a bail hearing, ordinarily within twenty four hours.