If you or your child have been arrested or charged, the best way to protect your rights is to contact a criminal lawyer right away. Mehdi Au LLP has experienced criminal lawyers who can advise you and work on your case. We accept Legal Aid and private retainers.
Every arrested person in Canada has rights when they are arrested (the right to retain counsel, remain silent, know the charges against you, etc.) but there are some additional rights afforded to youth (persons between the ages of 12 and 18, children younger than 12 cannot be charged with a crime and persons 18 and older are considered adults).
Told Why You Are Under Arrest
The right to be informed about why you are under arrest is a right is afforded to both youth and adults. Everyone has the right to know why they have been arrested or detained.
All accused persons in Canada have the right not to make a statement. However, this does not mean the police need to stop questioning you if you’ve indicated you don’t want to speak with them. Often police will attempt to make small talk or ask about seemingly inconsequential details about the events in an effort to get a statement.
All persons arrested should be told they do not need to make a statement and that anything they say can be used against them in court.
Contact And/or Retain A Lawyer
All accused persons have the right to legal advice and to contact a lawyer. Youth are permitted (if they so choose) to have a lawyer present while they make a statement. Additionally, youth can waive this right if they would prefer not to have a lawyer present. Often Duty Counsel will be offered, but arrested persons can also choose their own lawyer to contact.
Notify/consult An Adult
Youth are permitted, in addition to seeking advice from a lawyer, to consult with a parent or other adult, and to have that adult present while they make a statement. An exception to this rule however is if the chosen adult is a co-accused in the same crime. Additionally, youth can waive this right if they would prefer not to have a parent or adult present.
There are a number of additional protections afforded to youth and other arrested persons (such as those rights dealing with searches), in order to protect them from false admissions, and in recognition of their increased vulnerability. If you or any loved one is involved in a criminal matter, you should contact a criminal lawyer as soon as practicable. Mehdi Au LLP accepts Legal Aid Certificates from low income individuals.
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