Humphrey Bogart once said, “Things are never so bad they can’t be made worse.” This statement is generally true, but is especially salient for those charged with a criminal offence.
If you’ve been charged with impaired driving, assault, drug possession, or any other crime, you may be feeling scared, overwhelmed, or confused. These are normal reactions. Moreover, you might not understand how the criminal justice system works, and how best to proceed.
You should know, however, that certain actions you can take will make your situation infinitely worse. This blog describes five mistakes frequently made by those facing criminal charges in Canada. Some of these missteps are more obvious than others. But by knowing what they are and carefully avoiding them, you’ll be in a much stronger position as you navigate this difficult time.
1. Resist Arrest
If police try to arrest you, you should not resist. Allow yourself to be arrested. Resisting arrest can lead to further charges, such as obstructing a police officer (section 129) or assaulting a police officer (section 270(1)). Doing so will merely add insult to injury.
It should be noted that the Criminal Code stipulates that individuals do have the right to resist an unlawful arrest. If you believe police arrested you without legal authority to do so, the arrest could be considered unlawful insofar as section 9 of the Canadian Charter of Rights and Freedoms guarantees all people the right not to be arbitrarily detained or imprisoned. However, you resist arrest at your own risk; in many situations, it’s better not to resist and have a lawyer advocate for you.
2. Speak to Police Without a Lawyer
When facing criminal charges, the second thing not to do is to speak to the police without a lawyer present. You are under no obligation to share any information with the police in the absence of legal representation. The right to counsel if you’ve been arrested or detained is enshrined in section 10(b) of the Canadian Charter of Rights and Freedoms, which states:
“Everyone has the right to be arrested or detained… to retain and instruct counsel without delay and to be informed of that right.”
Until your lawyer shows up, you do not have to answer any of the police’s questions or provide them with any information.
What happens if you’ve asked to speak to a lawyer but the lawyer has not yet arrived?
In this case, you should refer to section 7 of the Canadian Charter of Rights and Freedoms, which states:
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
This right has been widely interpreted to include the right to remain silent. So if you’re waiting for your lawyer, the police continue to pepper you with questions, you can – and should – assert your right to remain silent.
3. Tamper With Evidence
Once criminal charges have been laid against you, tampering with evidence would be a mistake. Section 139 of the Criminal Code deals with obstructing justice in a proceeding. It is a serious offence to interfere with the course of justice by intentionally altering, concealing, or destroying anything that could be used as evidence. This could include hiding a weapon, deleting surveillance footage of a crime, or destroying documents.
If you violate section 139 and are indicted, you could face up to 10 years in prison. It is therefore in your best interest to preserve evidence.
4. Violate Court Orders
A court order is a ruling by a judge or justice of the peace that requires you to do–or refrain from doing–a particular thing. There are several different kinds of court orders, such as:
- Bail orders: When a person is charged with a criminal offence and is released from custody while they await trial, they may have to abide by certain conditions. These might include “no contact” orders, house arrest, or employment requirements.
- Probation orders: When a person is convicted of a crime and is under probation, they may be ordered to report to a probation officer, refrain from carrying a weapon, or perform community service.
- Peace bonds: A peace bond requires an individual to “keep the peace and be of good behaviour.” This type of court order can apply with or without a criminal conviction.
- Prohibition orders: These are restrictions imposed after a person has been convicted of a crime. Common examples include driving bans and weapon bans.
For those who violate court orders, there can be severe legal consequences. Section 127 of the Criminal Code states that anyone who disobeys a court order without lawful excuse could face up to two years in prison for an indictable offence. It is therefore crucial that you comply with any and all court orders.
5. Discuss Your Charges on Social Media
The final mistake to avoid is discussing your criminal charges on social media. If you feel that the police have treated you unfairly or simply want people to know your side of the story, you might be tempted to take to Instagram or Meta and proclaim your innocence.
But doing so could backfire, as any comment or photo you post can become digital evidence in a criminal investigation or at trial and can be used to incriminate you. Your best strategy, then, is to steer clear of social media.
Protecting Your Rights: The Bottom Line
Facing criminal charges is a daunting experience. However, the steps you take after being charged can significantly impact the outcome of your case. By avoiding these common mistakes—resisting arrest, speaking to police without legal representation, tampering with evidence, violating court orders, and discussing your case on social media—you will be much better equipped to defend your rights and protect your future.
Contact the Oshawa Criminal Defence Lawyers at Barrison & Manitius if You Have Been Charged With a Criminal Offence
If you have been charged with a crime, the next steps you take may impact the rest of your life. You must proceed carefully and ensure you consult a skilled criminal lawyer to help build your defence and protect your future.
At Barrison & Manitius, we offer our clients exceptional legal services and a free initial consultation. Our skilled criminal defence lawyers have extensive experience defending a wide range of criminal charges. Please contact our office online or at 905-404-1947 to schedule a free consultation. We have a 24-hour phone service for your convenience.