Q: What to do if the police are looking for you: With Reasonable Doubt
A: As a criminal defence lawyer, I am often contacted by people before they have been arrested with a criminal offence. The events that occur between the time when an offence is alleged to have occurred and an accused person appearing before the court for the first time are looked at very carefully when a case is examined down the road. Below is a short form guide to help you make the right decisions.
1. DON’T TALK TO POLICE
2. GET A LAWYER
3. PREPARE FOR YOUR RELEASE
4. ACT QUICKLY
A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer. The views expressed in this article do not necessarily reflect those of Lockyer Campbell Posner or the lawyers of Lockyer Campbell Posner.
An arrest warrant gives the police the legal power to arrest an individual. This doesn’t mean
that the police require a warrant to conduct an arrest. Section 495 of the criminal code grants
the police the power to arrest someone when:
- they have reasonable grounds to believe the person has committed or is about to
commit an indictable offence;
- they are committing a criminal offence;
- or when they have reasonable grounds to believe that there is a warrant for that
Although it isn’t necessary for the police to serve an arrest warrant on a suspect, people will
often ask what an arrest warrant looks like. It must include:
- either the name of the suspect or provide their description;
- the offence they’re charged with;
- and an order that the person be arrested and brought before the court.
An arrest warrant gives the power to any police officer who has knowledge of the warrant to
arrest the person named in the warrant. A common example of this is where a police officer
has detained someone in relation to another offence and, in the course of the investigation, she
or he discovers the existence of the warrant. If the officer is satisfied that the warrant applies
to the person under detention, they then have lawful authority to make an arrest.
Most warrants are only valid within the province where they have been obtained and many of
those warrants will have restrictions setting out a kilometer radius. It is also possible to obtain
an arrest warrant applies across Canada. Obtaining such a warrant is more onerous for the
police, who must apply for it in the Superior Court of Justice or the Court of Appeal.
If you become aware of a warrant for your arrest, contact our office to assist you. Please also
refer to my article, “What to do if the police are looking for you” published in NOW Magazine.
Example from Ontario, Canada, of what a arrest warrant looks like.
Arrested for growing and selling Marijuana or Cannabis?
Marijuana (marihuana, pot, cannabis) is set to become legal in Canada on October 17, 2018, but that doesn’t mean that it’s legal yet. Even when it is becomes legal, the purchase, sale, possession, and production of the drug will be heavily regulated. Here are some of the important laws that are anticipated to apply in Ontario:
- In order to legally purchase, consume, or grow marijuana, you will need to be 19 years of age
- You will only be able to consume it in a private residence
- You will only be able to possess 30 grams of dried marihuana; and
- You will only be able to grow four plants at any given residence
If you have been arrested and charged with any charges in relation to marijuana, or any other drugs under the Controlled Drugs and Substances Act, Lockyer Campbell Posner can help you to avoid a criminal conviction.
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by Richard Posner
Operating a motor vehicle while your ability is impaired by alcohol is a serious criminal offence in Canada. Equally serious is the related offence of operating a motor vehicle with more than 80 milligrams of alcohol in 100 milliliters of your blood. So too is the offence of failing or refusing to provide a breath sample at the roadside or at the police station. Each of these offences are informally but frequently referred to as “DUI charges”.