You’ve Been Arrested, Now What?
By Hans ‘John’ Kalina · Originally published July 3, 2020 · Consolidated and updated October 6, 2026
An arrest or detention can be frightening. Stay calm, do not resist and request legal advice promptly. This guide incorporates the former “Police Arrest or Detention” answer and explains the next practical steps.
If police are looking for you
If you learn that police want to arrest you, contact counsel before attending the station. A lawyer can communicate with police, discuss arrangements for surrender and explain the process. Do not ignore court orders or attempt to avoid lawful arrest.
At the time of arrest or detention
Ask why you are being detained or arrested.
Clearly say that you want to speak with a lawyer. Ask for a private consultation and let police know if you do not understand the information given to you.
Avoid explaining the allegation or giving a statement before receiving advice. Stay courteous and do not physically resist.
Follow lawful directions. A request for consent is not the same as a lawful requirement to provide documents, fingerprints or a sample. Ask counsel which obligations apply to your situation.
The right to counsel is not a “one phone call” rule
Section 10(b) of the Canadian Charter of Rights and Freedoms protects access to counsel on arrest or detention. Police generally must give a reasonable opportunity to consult counsel when that right is invoked and hold off eliciting evidence until then, subject to recognized exceptions.
It is misleading to say that a detainee is entitled to only one call. R. v. Sinclair, 2010 SCC 35 explains that changed circumstances may require a further consultation. Simply asking again does not automatically create that entitlement. An adult detainee does not ordinarily have a constitutional right to a lawyer’s continuous presence during questioning; different protections apply to young persons.
Silence and police questioning
A request to remain silent does not automatically end a police interview. In R. v. Singh, 2007 SCC 48, the Court addressed continued questioning and the detainee’s ability to choose whether to speak. Do not lie, invent a story or assume that an informal conversation is off the record. Obtain advice on maintaining silence and on any information you must provide.
A calm request can be: “I want to speak with a lawyer. I do not wish to answer questions about the allegation.” This is not a substitute for case-specific advice or a basis to refuse a lawful demand.
After consulting counsel
Discuss release, any expected bail hearing and the legal obligations that apply. Tell counsel about language, medical or accessibility needs and any uncertainty about the advice. If counsel of choice is unavailable, seek advice about the available options, including duty counsel, rather than assuming that questioning must be postponed indefinitely.
Avoid discussing the case with friends, other detainees, on social media or during calls that may be recorded. Keep court documents, release terms and important dates. Do not assume that a privately prepared form can prevent a lawful search, end questioning or override a court order.
Related reading
Speak with counsel
Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about an arrest, surrender or release.
General information only, not legal advice. The correct response depends on the circumstances and the applicable law.