Any criminal arrest can be a nightmare for the person who is arrested. Whether arrested for a small infraction such as non-payment of traffic fines, or a larger infraction, called indictable offences, can leave the person who is arrested in a total panic mode and the individual usually makes huge mistakes during the initial period following the arrest. Indictable offences include burglary, drug trafficking, murder, rape, robbery and other types of high profile and therefore highly punishable crimes. Summary offences are often simple assault or failure to pay fines, and there are also hybrid offences which the Canadian Crown will determine if this definition fits the alleged crime.
The hybrid offences can include a punishment which includes jail time and some prison time and has more leeway than the other types of crimes and does depend on many factors. This is all determined by the Canadian Crown but the advice and judgment of the prosecutor is taken into consideration in all cases that might qualify for hybrid cases. Any good criminal lawyer will realize the intricacies of dealing with the government of Canada and its territories and provinces as it is a monarchy or sovereignty type style of government. It is considered, however, a constitutional type of monarchy.
The layout of the provinces and territories is such that governmental jurisdiction can vary from the federal government having jurisdiction to the provincial government taking precedence, depending on the infraction. A good criminal lawyer is aware of these variations and will be versed in the variations among provinces and territories that are included. Canadian provinces and territories make up the second largest country size-wise in the world. No matter how large or small the infraction, the knowledge of a good criminal defence attorney is a priority. An attorney that knows the law can make a difference in either being cleared completely of a pending charge or going to prison for a good portion of a person’s life. Not to mention the loss of reputation, cost and possible job loss that comes with any arrest or indictment by authorities.
With all these factors in mind, defendants who find themselves detained for ANY reason must first and foremost consult with a good criminal lawyer and who is knowledgeable of the surrounding territories and provinces. Depending upon where an arrest is made, the actual detainment may take place in an area beyond the area in which the offence occurred. The actual type of offence also has an impact on how and where the judgment or conviction will occur. Statistics vary among all the regions of Canada with some regions experiencing an upsurge in crimes, and therefore more demand for criminal lawyers, while other regions have seen a decline, which leads to less need for legal assistance. These figures vary from year to year and region to region.
Any person who is detained or arrested, however, has natural impermeable rights under Canadian Law. These include the right to counsel, the right to be made aware of the charges, and the right to remain silent. The right to remain silent is the number one mistake individuals that are arrested make. They immediately panic and start to try and understand and explain their actions, which only works against them in the long run. Remaining quiet is imperative and insisting on the right to counsel with a criminal lawyer is imperative as soon as possible. Another tragic mistake is called resisting arrest. This may not be an actual physical act but can be as simple as refusing handcuffing or arguing with an officer. Again, this is done in a panic mode by most individuals but does work against them in the long run as it leads to another added charge of “resisting arrest.” Even something as simple as resisting a “pat down” for weapons can be construed as resisting arrest as police officers do have the right to ensure their own safety.
All in all, there is a great need for anyone that is detained to immediately remain silent, not resist arrest, but instead to contact the best criminal lawyer. These criminal lawyers have the knowledge and experience to prevent an arrest from ruining someone’s life unnecessarily, and even if a detainee is guilty, a good criminal lawyer will be able to advice on how to avoid the most severe consequences by giving proper advice.
