What if the police arrest or charge me?
The police can only charge you if they think you committed a crime. Sometimes this happens in family violence situations because both partners use physical force against each other.
If the police arrest you, they must:
- tell you why
- only search you in a reasonable way
- let you speak to a lawyer
You must give your correct name and date of birth. This is the only information you must give the police if you are arrested.
You should not answer any other questions from the police without talking to a lawyer. Anything you say can be used against you in court. This includes things you think may help you.
Tell the police that you want a lawyer, and that you will not answer questions without speaking to a lawyer.
You should speak to a criminal lawyer as soon as possible.
The police must give you a private phone line and a private place to speak to the lawyer. Usually, this is a room at the police station.
If you have a lawyer you would like to speak to, the police must help you find the phone number for that lawyer. If you do not have a lawyer, the police must help you call a free lawyer. There is a duty counsel hotline at 1-800-265-0451.
If you cannot afford a lawyer
If you cannot afford a lawyer, you can apply to Legal Aid Ontario (LAO) for a legal aid certificate.
To get a certificate for a criminal issue, you must show that you have a low income and that you could go to jail if you are found guilty.
Call LAO at 1-800-668-8258 to apply. Some people, like those living in a shelter or getting Ontario Works, can apply online at legalaid.on.ca/services/how-do-i-apply-forlegal-aid.
If LAO rejects your application, you can:
- Appeal the decision. This means that you disagree with the decision and want someone with more authority to review it.
- Go to court and ask for an order that the government pay for your lawyer. The court might make this type of order if you cannot afford a lawyer and you need one to have a fair trial. But this order is hard to get.
You might also want to talk to someone at a shelter or a community legal clinic. They can try to get you a certificate that gives you 2 hours of free legal advice. See Legal Aid certificates.
If you cannot hire a lawyer, you might be able to get help from duty counsel at court. Duty counsel are free lawyers for people with a low income and who do not have their own lawyer. They will only help you on the day you are in court.
Duty counsel cannot represent you at a trial, but they may help you to:
- get bail
- understand your case
- talk to the Crown
Part 10 lists legal and community resources for women who have been abused.
Immigration status
If you are not a Canadian citizen, it is very important for you to speak to an immigration lawyer, if you have been arrested or charged.
A criminal charge or conviction could affect your right to stay in Canada. For example, if you are convicted of a serious crime, you could lose your permanent resident status and be forced to leave Canada.
If you only have temporary status in Canada, you can also lose your status and be forced to leave Canada for a less serious crime. See Immigration issues.
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