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From the moment you are arrested, you benefit from a number of rights. These include:

  • The right to be free from arbitrary detention or arrest;
  • The right to be informed of the reason for the arrest;
  • The right to speak to a lawyer without delay — you can choose to make a call to a lawyer of your choice, a Legal Aid lawyer or Duty Counsel;
  • The right to remain silent;
  • The right to be tried within a reasonable time; and
  • The right to be presumed innocent until proven guilty.

If any of these constitutional rights have been violated, you have the right to apply to the Court for relief by way of a Charter application, which may result in evidence being excluded or a stay of proceedings being granted in your favour.

If you are of Aboriginal descent —a status or non-status Indian, Métis, or Inuit— you benefit from additional rights that stem from the Criminal Code. Those rights are called “Gladue” rights.

YOUR RIGHT TO SILENCE:

Any person who has been arrested or detained by police has the right to remain silent. Except in very limited circumstances, it is not advisable to tell your side of the story to the police. Defence lawyer Ms. Gavran is of strong opinion that it is of uttermost importance that a person charged with a crime exercises this right to remain silent.

Why providing a statement to the police will NOT be helpful to your defence:

Always remember: it is the police officers’ duty to investigate and to collect evidence against you. They have the duty to interview you about the alleged offence, but you do not have to answer. In fact, you should ascertain your right to silence. While you may very well have evidence that proves your innocence or a reasonable explanation for the situation you are now in, it is best that you first discuss such evidence with criminal defence lawyer Ms. Gavran in order to ensure that your evidence is strategically presented at the most appropriate time and in the best manner possible.  Ms. Gavran has ample experience negotiating with Crown Attorneys to withdraw charges based on evidence overlooked or disregarded by the police.

SHOULD YOU PLEAD GUILTY?

When you are accused of committing a crime, you face a variety of decisions that need to be made by you. One of them is whether you wish to plead guilty or whether you want your case to proceed to trial. A plea of guilt means that you admit to committing the offence as it is alleged against you in a document called “synopsis.” If you decide to plead guilty, serious long-term consequences will follow that will permanently impact your life: you will most likely get a criminal record and receive a sentence ranging from a fine to imprisonment.  It is strongly recommended that you talk to a criminal defence lawyer as soon as possible and obtain advice prior to making any decisions. At Gavran Criminal Defence, we believe in informed decisions.

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