Everything You Need To Know About Unlawful Arrest

Being arrested is a terrifying experience and it is only made worse when you know that you haven’t done anything wrong at all. A false or unlawful arrest can happen in Ontario and it is an alarming experience for anyone.

In this article, we’re going to take a look at what happens when you experience a false arrest, what rights you have when you have experienced an unlawful arrest, and how a criminal lawyer in Richmond Hill can help you out if you are unlawfully arrested.

What Does Ontario/Canadian Law Say About False Arrest?

Under Ontario law, a false arrest is a ‘tort resulting from intentional and total confinement of a person against his or her will and without lawful justification.’ Unlawful imprisonment is a continuation of false arrest.

What Is False Arrest?

A false arrest is when someone is restrained for no lawful reason. If someone arrests you and has no legal authority to do so, then this would be an unlawful arrest. Similarly, legal authorities cannot arrest people on a whim. This means that unless they have probable cause or a warrant for your arrest, they cannot legally arrest you.

In some cases, even having a warrant still does not make an arrest lawful. If the warrant doesn’t properly identify the person or the crime, doesn’t list which court issued it, or the police lied to the judge to get the warrant, this could result in an unlawful arrest.

Explaining Reasonable Grounds

The police must meet reasonable grounds for arrest to carry out a lawful arrest. Reasonable grounds for an arrest are as follows:

• A police officer has physically seen an individual committing an offence

• A police officer has reasonable grounds that a person is about to commit or has committed a crime

• If a person refuses to disclose their name after breaking the law

• A warrant has been issued for the arrest of an individual

• An individual has breached the peace

• Public intoxication

• An officer has reasonable grounds to believe an individual is a terrorist or is about to commit a terrorist offence

What Are The Rights That Someone Has When Being Arrested?

If you are arrested, section 10 of the Charter is initiated and you have a few rights that you are entitled to. These include:

• To be promptly informed of why they are being arrested or detained;

• To retain counsel and be informed of their right to retain counsel, without delay;

• The ability to have the validity of the detainment determined by a court by way of habeas corpus and to be released immediately if the detention is unlawful

Upon arrest, you will be asked to identify yourself and we recommend you do so. It is in your best interests to cooperate, even if you are falsely arrested. Police also have the right to carry out a full body search upon arrest, but if the arrest is found to be unlawful, a criminal lawyer in Toronto can have this evidence excluded from any case built against you.

What Are The Legal Options That One Can Take If They Have Been Unlawfully Arrested?

If you’re the victim of a false arrest, the first thing we suggest you do is hire a criminal law firm. The team at our law firm will be able to give you legal advice and help you to attain bail. You have the legal right to counsel.

Were You Unlawfully Arrested Recently? Contact What The Law Now!

If you have been falsely or unlawfully arrested recently, then What The Law can help you. We’re a criminal law firm in Richmond Hill with the experience needed to help you through this matter in the best way possible. Get in touch with us either by calling or texting 647-295-6499 or completing our contact form to find out how we can help.