What Happens After You’re Arrested in Canada?

After you're arrested in Canada, small decisions in those first hours can affect the entire case.

At Jaswal & Krueger Criminal Defence Lawyers, we often meet people at one of the most stressful times in their lives. An arrest can feel sudden and disorienting. That is why understanding your rights and the steps that follow in the event of an arrest is so important.

The law is clear on this point. Section 10 of the Canadian Charter of Rights and Freedoms sets out protections that apply immediately when you are arrested or detained. Courts have confirmed that people must be told the reason they are being held and must be given the opportunity to contact a lawyer right away. Arrest and detention both involve restrictions on liberty, and both require that your rights be respected.

When police arrest you in Canada, they must identify themselves, and you must be informed promptly, in clear and simple language, why you are being arrested. This usually means telling you what criminal offence you are suspected of committing. Police cannot arrest someone on a hunch. They must have reasonable grounds to believe that an offence has taken place and that you are the person responsible.

Once you are under arrest, you can be placed in a police car and taken to a police station for processing. At this stage, you have important rights. You have the right to remain silent, and in almost every situation, it is best not to answer questions until you have spoken with a criminal defence lawyer. Anything you say can be used as evidence against you.

It is also important to understand the difference between arrest and detention. Arrest means you are being formally taken into custody for a suspected offence. Detention, on the other hand, can be temporary. Police may detain you to ask questions or investigate further, even if they are not yet ready to make an arrest.

After being arrested, you must be given a real opportunity to speak with legal counsel. This can be a lawyer of your choice or legal aid duty counsel, who provides free advice by phone. Speaking with a lawyer is not a formality. It is the point where you begin to protect yourself. 

At this stage, contacting us at Jaswal & Krueger gives you immediate access to experienced criminal defence lawyers who understand how police and prosecutors operate in British Columbia. We advise clients on DUI cases, drug allegations, assault charges, and other alleged Criminal Code violations.

Once you are under arrest, police may search you for safety reasons and to preserve evidence. At the station, fingerprints and photographs are usually taken. While routine, this stage often makes people feel that the situation has escalated from an encounter with police to something much more serious. 

After processing, the police decide whether to release you or keep you in custody until a bail hearing. Release often comes with conditions, such as a promise to appear in court. In other cases, police may keep you in custody if the offence is serious or if there are concerns about your record or behaviour. For anyone accused of a criminal offence, this decision is very important. Contacting one of our lawyers at this stage can help you avoid unnecessary time in custody.

If you are not released, the law requires that you appear before a judge or justice of the peace within 24 hours, or as soon as possible. This is called a bail hearing. The Crown may argue that you should remain in custody, while our defense lawyers argue for your release. Bail hearings are often fast-moving and require focused preparation. We approach these hearings as seriously as trials because the outcome directly affects your liberty and your ability to prepare for the case.