At times, police will notify you that there is a warrant for your arrest. At this critical stage, it is important for you to exercise your right to remain silent and to obtain the name of the particular police officer involved, their badge number and contact number. In such a situation, it is important for you to reach out immediately to legal counsel so that arrangements can be made to surrender yourself into custody. We urge you to contact Baran Buchler at 416-801-8799 or 416-577-9129 so that Randall Baran and Marcel Buchler can meet with you and attend with you in person, usually in the early morning hours, at the specific police division to facilitate you surrendering yourself into custody and thereby obtain an expedited release.

In most cases, if you are stopped and questioned by the police, you do not have to answer their questions. There is no general requirement to carry identification papers but in some circumstances you may be required to have specific documents. For example, you must have a valid driver’s licence with you when you are driving.      If the police are thinking about arresting you, they will want to know who you are.  There are several reasons to tell the police who you are:   (1)  If the police are looking for someone else, you might avoid being arrested by showing you are not that person;   (2)  If the police think that you might have committed an offence, and you do not tell them who you are, they could arrest you and hold you at a police station until they find out who you are, or until they have to bring you to court for a bail hearing; (3)  If the police think that you have committed a minor offence and you tell them who you are, then, instead of arresting you, they could give you a paper telling you when to go to court.   If you lie about your name or address, you can be charged with obstructing justice or obstructing the police.   If you are riding a bicycle, the police can stop you if they think you have broken provincial or municipal traffic laws.  In such a case, you must stop and give them your name and address.  If you refuse, they can arrest you.   There are also rules about when the police can stop you on the street and ask you to identify yourself.  This is called a “street check” or “carding”.  The rules about street checks apply when the police are: investigating possible crimes or suspicious activities gathering information to help them do their jobs. In general, police are not allowed to ask you who you are if part of the reason they are asking is only because they think you belong to a specific racialized community.  This is true even if they are looking for someone of the same race, sex, and age group as you.  But if they have other reasons to think that you might be the person they are looking for, they may be able to ask you who you are. Here are some examples of such reasons: what you look like, including your height and weight, hair and eye colour, or what you are wearing where they stop you, but not just because it is a place where a lot of crime happens the kind of car you are in who you are with what you are doing   And if you refuse to answer or talk to them when you have the right to refuse, the police cannot use your refusal as a reason to ask you who you are.   When the police ask you who you are when doing a street check, they have to tell you: about your right not to answer, and why they are asking.   But they do not have to do this if they think it might put someone’s safety at risk.   And they do not have to tell you why they are asking if it might identify someone whose  identity they have to protect or if a police investigation would likely be affected.   The police must give you a receipt that includes: the police officer’s name and badge number how to contact the Office of the Independent Police Review Director for a complaint against the police who to contact to find out what information the police have about you   The police have to give you a receipt whether you give them information about yourself or not.   If you are thinking about making a complaint against the police, get legal advice.   The rules about street checks do not apply when: the police reasonably suspect that a crime has been or will be committed you are being arrested or detained another law says that you have to identify yourself the police are acting under a warrant or court order the police are working undercover when they talk to you

If the police stop you while you are driving and ask to see your driver’s licence, your vehicle registration and your vehicle insurance.  If you do not show them these documents, you can be charged with a provincial offence. The police have the right to stop you even if they have not seen you break the law.  But they are not supposed to stop people because of their race.  If this happens, you might want to get legal advice.   If the police have “reasonable grounds” to believe that you have been racing on a highway or performing a “stunt”, they can take your vehicle away from you and require you to give them your driver’s licence.  If this happens, you will not get your vehicle back for at least 14 days and your licence will be automatically suspended for 30 days.

If the police suspect that you have been drinking alcohol, they can demand that you take a roadside breath test. They can also demand that you do “physical coordination tests” at the roadside.  For example, you might be asked to perform a walk‑and‑turn test or to stand on one leg or to follow an object with your eyes. These tests are meant to check whether alcohol has impaired your ability to drive.   The police can also demand that you take a roadside breath test even if they do not have any reason to suspect that you have been drinking alcohol. They can do this if: they have a roadside breath test device, and they were acting lawfully when they stopped you.   If the police have reasonable grounds to believe that your ability to drive is impaired by alcohol, or that you have more than the legal limit for alcohol in your blood, they can demand that you go with them to a police station to do a breath test for alcohol. This kind of test is sometimes called a “breathalyzer test”.   The police can demand a breathalyzer test even if they did not see you driving and they do not know when you last drove.   Depending on the results of the roadside breath test or the breathalyzer test, you might have to give up your driver’s licence to the police. Your licence would then be automatically suspended for a certain period of time.

If the police suspect that you have been taking drugs, they can demand that you do physical coordination tests so that they can check whether drugs have impaired your ability to drive. They can also demand that you give them a sample of a bodily fluid for a roadside drug test.   If the police believe that you have more than the legal limit for a drug in your blood or that drugs have impaired your ability to drive, they can demand that you provide blood samples, under medical supervision, for a drug test. They can also demand that you go with them to the police station for a drug evaluation. A specially trained police officer will do a series of physical observations and tests. If the evaluation is positive, the officer can demand that you provide a sample of your saliva, urine, or blood for a drug test.

Generally, you do not have the right to speak with a lawyer before taking a roadside test. But you do have the right to speak to a lawyer before: doing a breath test or a drug evaluation at the police station providing a blood sample for a drug test   Depending on the results of the evaluation, roadside test or the breathalyzer test, you might have to give up your driver’s licence to the police.  In Ontario, under the Administrative Driver’s Licence Suspension (ADLS), your licence will be suspended for a period of 90 days and your vehicle impounded for 7 days.   If you refuse a breath test, the police will charge you with refusing to provide a breath test.  Later a court will decide whether you had a reasonable excuse for refusing.  But it is hard to show that you had a reasonable excuse and many times, expert evidence is needed.  If the court finds that you did not have a reasonable excuse, you could be given the same penalty with a greater fine than if the police had caught you driving while impaired or with more than the legal limit for alcohol or a drug in your blood.

The police can approach you and ask you questions but they must let you go on your way, unless they arrest you or they have reasonable grounds to detain you.   The police have the right to detain if they are investigating a crime and they have a “reasonable suspicion” that you are connected to the crime.  They can detain you only for a short time.  If the crime they are investigating is serious, they can detain you a bit longer.  They must tell you why they are detaining you.    The police also have the right to detain you at a roadblock if they are following up on a report that, a short time, before, someone saw people nearby with handguns.   If the police think you might have committed a crime, you should tell them who you are.  You do not have to answer any questions. You can tell the police that you do not want to say anything until you speak to a lawyer.   However, if  you have been in a motor vehicle accident, the police might ask you for information that they require for an accident report.  If you do give this information when they ask you, you could be charged with an offence.   Anything you say to the police might be used as evidence against you in court.  The only statements that cannot be used against you are those, like an accident report, which you must make by law, or those that you make at the roadside before you have the opportunity to speak to a lawyer.  But the police can use an accident report or roadside statement in deciding whether to make a demand for a roadside test or a breathalyzer test.   Even something you said before you were arrested, or while you were in the police car, could be used against you. This is true even for a statement you have not signed.   If the police have detained or arrested you, they should stop questioning you as soon as you ask for a lawyer.  Just say, “I want to speak to a lawyer”.  You do not have to say anything else.  Calling Baran Buchler, Barristers & Solicitors, at 416-801-8799 or 416-577-9129 will immediately put you in contact with legal counsel to provide effective and timely legal advice in such a situation.  If the police continue to question you, do not say anything.  Just ask again to speak to a lawyer and call Baran Buchler.   In most cases, at Baran Buchler, we will advise you not to talk to the police.  This is usually the best advice.  If you do choose to talk to the police, keep in mind that giving false information can be a criminal offence.  If you lie to the police, the fact that you lied might be used as evidence against you.   If you try to stop other people from co-operating with the police, you could be charged with the police, you could be charged with obstructing justice or obstructing the police.    Once you have spoken to a lawyer, the police may continue to ask you questions.  Even if you say that you do not want to answer, they can continue to ask.  However, you have the right to remain silent and do not have to answer.

It depends.  If the crime is minor, you might be charged without being arrested if you tell the truth about who you are, and the police believe that: you will not destroy evidence, you will not repeat the offence, and you will go to court as required.   If the crime is serious, you will be arrested.  To find out whether the police are arresting you, you can ask them politely “Am I under arrest?”  If you are, ask them why.   Later, the police might release you from the police station.  They could ask you to agree to certain conditions before letting you go.  Or you might be kept in police custody and then taken to court, usually within 24 hours of your arrest.    At the court, you will be given your first opportunity for a bail hearing.  It is critical that you reach out to Baran Buchler at 416-801-8799 or 416-577-9129 to retain counsel for the bail hearing.  At the bail hearing, a judge or justice of the peace will decide if you should be released and on what terms and conditions.  The judge or justice of the peace might also order you to be detained until your trial is over or if they believe that you will not show up for trial or you might commit an offence if you are released.

In the event of an arrest or detention in Canada, it is your legal right to consult with a lawyer immediately. The law obligates the police to inform you of this crucial right, regardless of whether you are under arrest or detained. The importance of exercising this right cannot be overstated, as speaking with a lawyer can provide invaluable legal guidance and clarify additional rights that you may not be aware of, such as the right to remain silent. Furthermore, a lawyer can assist in obtaining crucial information from police officers, including specifics about the alleged offence and any plans for a bail hearing. It is critical to understand that without legal advice, any statements that you make to the police could inadvertently harm your case. Our criminal law firm offers round-the-clock 24 hour services, 7 days a week, with a commitment to respond to your calls promptly. By reaching out to us at 416-801-8799 or 416-577-9129, you will immediately be connected with a seasoned criminal defence lawyer boasting over 30 years of experience. Our team includes Randall Baran and Marcel Buchler, both former Federal Prosecutors, who have dedicated their careers exclusively to the area of criminal law. They have an extensive track record of conducting numerous trials, both judge-only and judge-and-jury, at the Ontario Court of Justice and Superior Court of Justice levels as well as having appeared before the Ontario Court of Appeal. By seeking their advice at the point of arrest or detention, you will safeguard against potentially self-incriminating statements that could be detrimental to you in the future. Additionally, they will gather pertinent information from you to prepare for a potential bail hearing, which could occur the day of your arrest or the following day. As a leading criminal law firm in Canada, we encourage you to exercise your rights and seek immediate legal counsel in the event of an arrest or detention. Your rights are our priority and our team is here to provide the advice and support you need to navigate through the complex legal process.

The Charter of Rights and Freedoms, which is part of the Canadian Constitution, sets out your rights upon being arrested or detained.   If you are arrested or detained, you must be: told why you have been arrested or detained and why the police are investigating you, told immediately that you have the right to a lawyer, told about Legal Aid and your right to free legal advice, and allowed to speak to a lawyer of your choice, in private, or as soon as possible, if you ask to do so.   If you speak to a lawyer, the police should stop questioning you.  Call Baran Buchler at 416-801-8799 or 416-577-9129 at any time, 24 hours a day, 7 days a week, to get in contact with a lawyer for legal advice.   The police do not have to give you an opportunity to speak to a lawyer unless you say that you want to.  And if you speak to a lawyer, the police can assume that you got the legal advice you needed.  So if you did not understand what the lawyer told you or you are not satisfied with the advice you got, tell the police that you want to: speak to the lawyer again, or speak to another lawyer.   After you have spoken to a lawyer, the police may continue to ask you questions.  Even if you do not want to answer, they can continue to ask.  However, you have the right to remain silent and do not have to answer.   Unless you are under 18, the police do not have to let you have a lawyer with you while they question you. If you have spoken to a lawyer, the police do not usually have to let you speak to a lawyer again during the same interview. But they might have to let you do this if something has changed so that you need to get legal advice again. For example, this could happen if the police start to question you about a different and more serious crime. Upon being formally arrested, you may either be released at the scene or at the police station, or you might be kept in custody pending a bail hearing. It is paramount that you promptly seek legal counsel in the case of arrest or detention. Police officers are legally obligated to inform you of your right to speak to a lawyer. If you are released at the scene or at the police station, we urge you to immediately contact Baran Buchler at 416-801-8799 or 416-577-9129. Arrange a consultation with our legal secretaries to converse and/or meet in person with Randall Baran and Marcel Buchler. As highly experienced criminal defence lawyers with over 30 years of experience and prior roles as Federal Prosecutors, their early involvement in your case is vital. Like everything else, memories tend to fade over time, which makes it crucial for us to start preparing your case as promptly as possible, even prior to your initial court appearance. If you are not released and remain in custody for a bail hearing, reaching out to Randall Baran and Marcel Buchler will ensure that you not only receive advice about your rights, including the right to remain silent, but also aid in gathering essential details, such as potential sureties (individuals who could sign your bail). Regardless of the time of arrest - be it during regular business hours, late at night or in the early morning hours - Randall Baran and Marcel Buchler will commence work on your case immediately to expedite your release on the same or next day. Your bail hearing can either be on consent, signifying the Crown's agreement to release you under certain conditions, or contested, indicating the Crown's opposition to your release. Numerous factors influence the Crown's decision to consent to a release, including any outstanding charges, the severity of the charges, and your criminal record, if any. Randall Baran and Marcel Buchler possess extensive expertise in negotiating consent releases with the Crown or, alternatively, conducting contested bail hearings to secure your release before a justice of the peace. Leveraging their wealth of experience can be instrumental in navigating these legal complexities and achieving a favorable outcome in procuring your release from custody.

If you are under the age of 18, the police have to treat you differently than an adult. This applies if you are arrested or detained or if they suspect that you have committed a crime.   The police should tell you that: you do not have to say anything, anything you say may be used as evidence against you, you have the right to speak to a lawyer, you have the right to contact your parents or guardian, and you have the right to have your parents or guardian and a lawyer with you, if you want them there, when the police question you.   You do not have to choose between calling your parents or guardian and calling a lawyer. You can do both. And, if you contact them, you can have your parents or guardian and a lawyer with you when the police question you. Call Baran Buchler at 4416-801-8799 or 416-577-9129 and Randall Baran and/or Marcel Buchler will attend with you at the police station if you wish to have a lawyer present with you.

The police can search you, your clothes, and anything you are carrying if they arrest you or if you give them “informed consent” to search you.  The police can also search you if: they find you in a place where they are searching for drugs and they have reason to believe that you have drugs, they find you in a vehicle where people are transporting or consuming alcohol illegally and they have reason to believe that you have alcohol on you illegally, or they have reason to believe that you have an illegal weapon or one that was used to commit an offence, and it might be removed or destroyed if they took the time to get a search warrant.   Police can also search you to ensure their own safety or the safety of the public.  If the police wish to search you for any of the reasons listed above, you do not have a choice and you should not try to stop them.   If the police have detained you because they have reasonable grounds to suspect that you are connected to a crime and they need to detain you to investigate, they have limited powers to search you.  They can do a protective “pat down” search for weapons if they believe that their safety or the safety of others is at risk.   A strip search is not a routine procedure.  The police should not do a strip search unless they have reasonable grounds to believe that it is necessary.  You should not have to take your clothes off in front of someone of the opposite sex or in a public place.  If the police ask you to agree to a strip search, you should tell them that you want to speak to a lawyer right away.   If the police search you because they think you have committed an offence and find something related to another offence, they can charge you with the second offence.  For example, if they find illegal drugs while looking for stolen property, they can charge you with possession of illegal drugs.   If you believe that you are being searched illegally or without a good reason, tell the police you object to the search and call Baran Buchler at 416-801-8799 or 416-577-9129 as soon as possible.

Upon release from the police station or court following a bail hearing, you will be assigned a date for your initial appearance before a justice of the peace. When represented by Randall Baran and Marcel Buchler, your presence will only be required when absolutely necessary, sparing you from attending this first court appearance and subsequent ones. The initial appearance holds significant value, as it provides us with specific details about your case, such as the particulars of the charge(s) and for us to obtain the Crown disclosure, should it be available. The Crown disclosure may encompass witness statements, police notes, certain notices, and reports, essentially outlining the case against you. However, it is crucial to understand that the initial Crown disclosure may not necessarily provide a complete picture of the evidence against you. Randall Baran and Marcel Buchler will thoroughly review this disclosure with you and request additional disclosure from the Crown which is usually the case. Upon receiving the Crown disclosure, Randall Baran and Marcel Buchler will arrange a meeting with you to discuss its contents and the costs associated with progressing to the subsequent legal phase, which includes conducting a Crown pre-trial. Entrusting your case to experienced professionals like Baran Buchler ensures a thorough understanding and analysis of the charges against you, paving the way for an informed and strategic legal defence.

The police can enter your home if they have: a warrant that allows them to enter your home to arrest someone, a search warrant, or permission from you or from someone else in authority in your home.   They can also enter your home in some urgent situations.  Such an urgent situation would be if they need to enter in order to prevent someone inside from being seriously injured or killed or if there is evidence in your home that relates to a serious offence and they need to find that evidence right away or it might be lost or destroyed.   They can also enter your home without a warrant or permission if they are in “hot pursuit” of someone whom they have authority to arrest.  For example, the police would be in “hot pursuit” if they were chasing someone from the scene of a crime and they saw that person enter your home.    The police can also enter your home: to give emergency aid to someone inside, to protect the life or safety of someone inside if they have a reasonable belief that a life-threatening emergency exists, to protect the life or safety of people in the home if someone heard a gunshot inside, to investigate a disconnected 911 telephone call, to help someone who has reported a domestic assault to remove their belongings safely, to protect people from injury if the police have reason to suspect that there is a drug laboratory in the house, or to help animals in immediate distress because of injury, illness, abuse or neglect.   Under child welfare law, the police can enter your home without a warrant to remove a child if they have reasonable grounds to believe that the child is: neglected or abused and is “in need of protection”, a “runaway” under the age of 16 who was in the care of a Children’s Aid Society, and the child’s health or safety might be at risk during the time needed to get a warrant, or under 12 years old and has done something that would be an offence if someone 12 or older had done it.   A landlord also has the right to enter the tenant’s home in an emergency.  A landlord can ask a police officer to come with them.   The police may come up to your door to talk to you unless you have told them not to.  But they do not have the right to come to your door just so that they can look into your home for evidence to use against you.   The police can go onto your driveway if they have reasonable suspicion that an impaired driver is parked there.

If the police do not have a warrant, they need permission to enter, except in certain urgent circumstances as discussed elsewhere.  This permission can come from you, or someone else in your home who has the authority to permit them to enter.  This person is usually an adult.   If you do not want the police to enter, tell them. If you do not tell them, they may think that you are agreeing to let them in.   If the police enter your home to do a search, and they arrest or detain you, they must tell you about your right to contact a lawyer.   Again, if the police enter your home without permission, do not try to stop them. Tell the police that you wish to call a lawyer right away.

The police can search your home if: they have a search warrant, you understand what they want to do and you give them permission – this is known as “informed consent”, or they have reasonable grounds to believe that there are drugs, drug-related things, or evidence of another offence in your home which might disappear or be destroyed if they took the time to get a search warrant.   The police may also be able to search your home if another person with authority in your home has consented to the search   There are limits to where and how the police can search and they cannot destroy property unless they need to.  The police can search only for evidence that is listed in their warrant, and they can look only in places where they might find evidence.  So, for example, they cannot look for a stolen piano in your underwear drawer.   However, if the police are searching for evidence that is listed in the warrant and they discover something related to another crime, they can take it and use it as evidence.

A search warrant is a written order from a judge or justice of the peace which gives the police the right to search your home and take certain items that they find.  If the police have a valid warrant to search your home, you must let them in.  Before they come in, the police should knock and tell you why they are there.  But they do not have to knock first if that might lead to: evidence being destroyed, or someone being harmed.   The police should show you the warrant.  If they do not show it to you, ask to see it.  Make sure that the information on the warrant is correct.  Check whether your address is right and see if the warrant shows the dates and hours when it can be used.  Also, check the warrant for the signature or name of the judge or justice of the peace who ordered it.  The warrant must say who signed it, and the place, date and time they signed.   If the warrant contains incorrect information, tell the police.  Usually, a warrant is valid even if there are small problems, such as a spelling error.  If the warrant has mistakes in it, you can ask the police to leave, but you should not try to stop them from entering or make them leave your home.   If the police have a valid warrant, they can use “reasonable force” to enter your home. If they knock and you do not let them in, they can break down the door.  If you try to stop a legal search, you can be charged with obstructing the police.

A Crown pre-trial represents a formal discussion between Randall Baran, Marcel Buchler and the Crown Attorney. This conversation serves to address various issues, such as the potential existence of any outstanding disclosure. Importantly, it also facilitates negotiations aimed at resolving the charges in a manner most beneficial to you. It should be noted that the decision to withdraw charges rests solely with the Crown Attorney who maintains absolute discretion in the matter. However, with the seasoned team of Baran Buchler criminal defence lawyers, you substantially increase your chances of reaching a favourable resolution expeditiously, thereby potentially avoiding the expenses and stresses associated with proceeding to trial. Baran Buchler's extensive experience in criminal law positions them to present your case most effectively. They approach the Crown pre-trial equipped with not only your perspective of the incident but also relevant and influential case law that may assist the Crown Attorney in exercising their discretion favorably towards you. Trusting experienced professionals like Baran Buchler can significantly enhance your chances of a favourable resolution.

A Judicial pre-trial typically comes into play when your case cannot be resolved during the Crown pre-trial phase or when handling more serious cases. This process mirrors the Crown pre-trial, discussing potential resolutions and addressing any remaining Crown disclosure. The distinguishing feature of a Judicial pre-trial is the presence of a Judge who can provide guidance and insight in facilitating a resolution. It is crucial to remember that the vast majority of cases do not proceed to trial and only a select few ever reach this stage. With over three decades of experience and backgrounds as former Federal Prosecutors, Randall Baran and Marcel Buchler are well-equipped to present your case optimally before a judge. A Judge's input can be instrumental in encouraging the Crown to examine its case from a different perspective or even suggesting a lack of a reasonable prospect of conviction should the case proceed further. The representation by the experienced legal team of Baran Buchler, who are thoroughly prepared for the Judicial pre-trial, is essential to presenting your case in the best possible light. Avoiding unnecessary legal expenses associated with a trial is in your best interest if your case can be resolved favourably during the Judicial pre-trial stage, or even earlier at the Crown pre-trial. Our team works tirelessly to seek resolutions at these earlier stages, saving you time, stress and financial resources.

A trial is initiated when your case cannot be resolved favourably at either the Crown pre-trial or Judicial pre-trial stages. The trial begins with the Crown presenting its case through the testimony of its witnesses. As your legal representatives, Randall Baran and Marcel Buchler will have the opportunity to cross-examine each witness called by the Crown. With over 30 years of experience as trial lawyers and former Federal Prosecutors, Baran Buchler have honed effective cross-examination strategies that can weaken the Crown's case against you while eliciting evidence beneficial to your defence. Once the Crown concludes its case and presents its witnesses, you will have the opportunity to present your defence by calling witnesses, if you choose to do so. As the accused, you are not obligated to testify or even call witnesses. Well before a trial commences, Randall Baran and Marcel Buchler will confer with any potential witness you may wish to call to assess their suitability and effectiveness as a witness at trial. In addition, some cases require expert witnesses, such as medical practitioners, toxicologists and accident reconstructionists, and the importance of retaining experts is discussed well in advance of trial. Many accused individuals are apprehensive about testifying. The legal team at Baran Buchler will make every effort to determine if the case can be won without the necessity of calling you or any other witness to the stand. It is essential to remember that the burden of proof lies with the Crown Attorney to demonstrate guilt beyond a reasonable doubt. You bear no such burden. At the trial's conclusion, a mere suspicion of guilt or even probable guilt will not result in a conviction. Instead, such a situation will lead to a verdict of acquittal. Trust Baran Buchler's seasoned expertise to navigate the legal complexities of a trial and work towards the most favourable outcome.