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Being Arrested

When being arrested, searched or served with a warrant a police officer MUST show you his/her badgePolice_Officer_-_Cartoon_01.jpg (10369 Byte)

Once that is done the officer MUST tell you why you are arrested.

DO NOT respond negativley to the officer, be complient.

IF you are under arrest you MUST IDENTIFY yourself. (your real name, not your enemies, as well give your date of birth and address if asked.)

Only a police officer of YOUR sex can search you.

The police must read you your rights, which are:

"You have the right to retain and instruct counsel without delay. You have the right to telephone any lawyer you wish. You have the right to free advice from a Legal Aid lawyer. If you are charged with an offence you may apply to the Ontario Legal Aid Plan for legal assistance."

The police must give you the local legal aid number if asked.

You have the right to remain silent.

ONCE THEY SLAP THE CUFFS ON YOU

You may be released with a summons to appear or you may be taken into police custody.

If you are taken to the police station, you will first wait in a holding cell until ‘the officer in charge’, feels like taking a report from you (this could take HOURS). REMEMBER: you don’t have to talk to the police without a lawyer.

Then they may let you out or you may have to appear before a ‘justice of the peace’.

Legal Aid Ontario

Telephone: (416) 979-1446

Toll Free: 1-800-668-8258


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