“I’ve Been Charged—What Should I Do?”
Imagine you’re a truck driver pulled over for speeding in Surrey, BC. Suddenly, a police dog finds drugs in your cab. You’re arrested in the middle of the night and don’t know what to do. You call a lawyer in a panic. What are your rights? What happens next?
Your Rights If Arrested in Canada
When police arrest you, they must:
- Tell you the specific criminal charge.
- Say clearly, “You are under arrest.”
- Inform you of your rights under the Canadian Constitution, including:
- The right to remain silent
- The right to a lawyer
- The right to a free interpreter if you don’t understand English
The police will also warn you: Anything you say may be used as evidence in court.
Why Staying Silent Matters
Many people panic and try to talk their way out of trouble, but this is almost always a mistake. Anything you say to the police can be used against you in court—even if you later say, “I was just nervous.” If you change your story, your credibility suffers.
Key tip:
- You don’t have to answer police questions.
- You don’t have to help the police.
- You don’t need to prove your innocence.
- If you ask for a lawyer, wait and don’t talk until you get advice.
If the police force you to talk, those statements may be thrown out as unconstitutional.
The Burden of Proof: “Beyond a Reasonable Doubt”
In Canadian criminal law, the prosecutor must prove you are guilty “beyond a reasonable doubt.” This is the highest standard in law—if the judge or jury has any real doubt, you must be found not guilty.
Getting Bail After Arrest
If you are arrested and taken to jail, will you be released?
- Most people get bail the next day at a court hearing, with conditions such as:
- Paying a deposit (bail)
- Reporting regularly
- Not changing address
- No contact with certain people
- No weapons
- Surrendering your passport
The judge must be convinced you won’t run away or commit another crime if released. For serious crimes (like murder), bail may be denied.
Don’t Speak English? Can’t Afford a Lawyer?
- Courts provide free interpreters.
- If you can’t afford a lawyer, you may qualify for legal aid.
Should I Represent Myself?
Criminal charges are serious and can impact your whole future—jobs, studies, travel, and family life. If you have a criminal record, you may be:
- Barred from traveling to the US or other countries
- Prevented from working with children, seniors, banks, or the government
- Denied professional licenses
- Rejected when renting a home or applying for insurance
- Limited in volunteer work
Always seek experienced legal help—it’s rarely a good idea to go it alone.
Plea Bargaining: When Admitting Guilt May Be Best
If your case is weak, your lawyer may suggest a plea bargain—admitting guilt to a lesser charge or for a lighter sentence. This could mean:
- A lighter charge instead of a serious one
- House arrest instead of jail
- Probation or community service
But timing is everything:
Don’t plead guilty too early—wait until your lawyer has reviewed all the evidence and negotiated with the prosecutor.
Sentencing: Will I Go to Jail?
Not always. Jail is rare except for very serious or repeat offences. Alternatives can include:
- House arrest
- Probation
- Community service
The judge considers your family, work, and need to support dependents.
Criminal Convictions and Immigration Status
Are you a permanent resident—not yet a citizen? Criminal convictions can have serious immigration consequences. Under Canadian immigration law, if you are:
- Convicted of a serious offence
- Sentenced to six months or more in jail
You may face deportation proceedings and lose your PR status.
Always tell your lawyer about your immigration status. An experienced lawyer will understand both criminal and immigration law and can negotiate to protect your status.
The Criminal Court Process—Step by Step
- Arrest and First Appearance
- Police inform you of charges and your rights
- Court appearance within 24–48 hours
- Apply for bail
- Disclosure
- Prosecutor gives all evidence to your lawyer
- Your lawyer reviews the strength and weakness of the case
- Pre-Trial Motions
- Plea negotiations
- Legal arguments (e.g., to exclude certain evidence)
- Trial or Guilty Plea
- Judge or jury hears evidence, or you accept a plea deal
- Sentencing
- Judge decides your punishment after a separate hearing
What to Do If Stopped by Police
- Stay calm and polite
- Give your basic information (name, address)
- Use your right to remain silent
- Ask to speak to a lawyer
- Don’t sign anything or agree to a search
- Remember details of what happened
Final Advice
- Take criminal charges seriously. They can have long-lasting effects on your life.
- Use your right to remain silent.
- Contact a criminal defence lawyer immediately.
- Understand the risks for your immigration status.
- Never underestimate the impact of a criminal record.
Every case is unique—get professional advice early for the best strategy.
Contact George Lee Law for Criminal Defence
We have experience defending clients facing all types of criminal charges—protecting your rights, future, and immigration status.
Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com
This article is for general information. For legal advice on your criminal charge or arrest, contact a qualified criminal defence lawyer as soon as possible.