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Step 1 — Stay calm and say nothing

The moment you are charged or arrested, your instinct may be to explain yourself. Do not. Anything you say from the moment of arrest can be used as evidence against you in court. This is not about guilt or innocence — it is about protecting your legal rights. The police are doing their job. You need to do yours, which is to stay silent.

You only need to provide your name and date of birth if asked. You do not have to answer questions about where you were, what you were doing, or who you were with.

Step 2 — Ask for a lawyer immediately

In Canada, you have the right to speak with a lawyer without delay after being arrested. Say clearly: "I want to speak with a lawyer." The police must stop questioning you until you have had a chance to do so. If you do not have a lawyer, ask for duty counsel — a free lawyer available at every Ontario court.

Step 3 — Do not consent to searches

You are not required to consent to a search of your phone, your car, or your home without a warrant. Politely decline. Say: "I do not consent to a search." If the police have a warrant, they will proceed anyway — but your lack of consent is legally significant and your lawyer will use it.

Step 4 — Note everything you can remember

As soon as you are able, write down everything you remember — the time, the location, what was said, who was present, what the officers looked like, and the sequence of events. Memory fades quickly and the details matter enormously in court.

Step 5 — Contact a lawyer before your first court appearance

Your first court date — called a mention — does not require you to enter a plea or make any major decisions. But you should have spoken with a lawyer before you go. Going to your first court appearance without legal advice is one of the most common mistakes people make, and it can have lasting consequences.

What you must provide

If you are stopped while driving in Ontario, you are legally required to provide three things: your driver's licence, your vehicle registration, and your proof of insurance. That is it. Hand these over calmly and without argument.

What you do not have to say

You do not have to answer questions about where you are going, where you are coming from, or what you have been doing. You can politely say: "I would prefer not to answer questions." You are not required to explain yourself to an officer who has pulled you over for a traffic stop.

DUI and breathalyzer

If an officer suspects you of impaired driving, they can demand a breath sample using an Approved Screening Device. You are required to comply with this demand. However, if you are then arrested and taken for a full breathalyzer test, you have the right to speak with a lawyer before providing that sample. Say clearly: "I want to speak with a lawyer before I take the test."

If you believe your rights were violated

Do not argue with the officer at the roadside. Comply, note everything you can remember afterwards, and then contact a lawyer. Evidence obtained during an unlawful stop can often be excluded from court — but only if you have a lawyer who knows how to make that argument.

Why Scarborough is different

Scarborough has one of the most diverse populations in Canada. A significant portion of residents speak English as a second language — Arabic, Somali, Tamil, and many others. When you are facing a criminal charge, being able to communicate clearly with your lawyer in your own language is not a luxury — it is essential. A lawyer who does not understand your background may miss context that matters.

What to look for in a criminal defence lawyer

Criminal law is a specialty. A family lawyer or a real estate lawyer handling a criminal matter is like a general practitioner performing surgery. Make sure the lawyer you hire practises criminal law specifically — not as a side service. Ask how many criminal cases they have handled in the past year and in which courts.

• Are they licensed with the Law Society of Ontario? You can verify any lawyer at lso.ca.
• Do they practise criminal law as their primary focus, not a sideline?
• Have they appeared in the specific court where your case will be heard?
• Can they communicate with you in your preferred language?
• Do they offer a free initial consultation before you commit?

What to ask in your first meeting

Your first consultation is your chance to evaluate the lawyer as much as it is their chance to evaluate your case. Good questions to ask include: What is your experience with cases like mine? What are the likely outcomes? What is your approach to negotiating with the Crown? How do you communicate with clients between court dates?

Word of mouth vs verified platforms

Many people find lawyers through community referrals — a friend of a friend who knows someone. This can work well, but it is unreliable. The person recommended may be good at one type of law but not yours. A verified platform that matches you by practice area, language, and location gives you the same trust as a personal referral but with the added assurance that the lawyer's credentials have been checked.