Arrested in Gatineau: What to Do in the First Few Hours

An arrest is often a stressful, uncertain and confusing experience. Whether the police intervention occurs in Gatineau, Hull, Aylmer, Campbell’s Bay, Maniwaki or elsewhere in the Outaouais, the first few hours can significantly affect how the criminal case develops.

In this context, impulsive reactions should be avoided. A statement given too quickly, a condition that is misunderstood, or a failure to attend on a date shown on a document can have serious consequences. The priority should be straightforward: protect your rights, obtain legal advice and avoid unnecessarily complicating your situation.

1. Remain Calm and Avoid Confrontation

When a person is arrested, it is important to remain calm. Even if you believe the police are mistaken or the complaint is unfounded, the legality of the arrest can be challenged later with the assistance of a criminal lawyer.

Do not physically resist, argue at length at the scene or try to persuade the police during the intervention. Confrontational behaviour can make the situation worse and, in some cases, lead to additional charges.

2. Exercise Your Right to Remain Silent

In Canada, a person who is arrested or detained has the right to remain silent. This means that you do not have to explain your version of events to the police before receiving legal advice.

You will generally have to provide basic identifying information. However, you do not have to answer questions about the alleged facts, witnesses, communications, alcohol or drug use, your movements or your intentions.

Even a statement made in an attempt to “clear up a misunderstanding” may later be used against you.

3. Ask to Speak with a Lawyer Immediately

As soon as you are arrested or detained, the police must inform you of your right to consult a lawyer. You may ask to speak with a lawyer of your choice. If you do not have one, you may ask to speak with duty counsel.

This consultation should normally take place in private. It allows you to receive advice tailored to your situation before deciding what to say, what to sign or how to respond. After speaking with a lawyer, you still have the right to remain silent. Consulting a lawyer does not mean that you must then answer the police officers’ questions.

4. Read the Documents Given to You by the Police Carefully

After an arrest, the police may release you with documents. Depending on the circumstances, the police may release a person on an appearance notice or an undertaking. The undertaking may also include additional conditions.

These documents may impose several obligations:

a date to appear in court;
a date for fingerprinting;
a prohibition against communicating with a person;
a prohibition against attending at an address;
a prohibition against consuming alcohol or drugs;
a curfew requirement;
any other condition imposed in the circumstances.

These conditions must be followed strictly. Breaching a condition may result in a new criminal charge that can sometimes be more difficult to resolve than the original case.

5. Understand an In-Custody Appearance

In some cases, the police do not release the arrested person. The person remains detained until appearing before a justice of the peace. This stage is commonly referred to as an in-custody appearance.

At that appearance, the prosecution may consent to release or oppose it. If release is opposed, a judicial interim release hearing, commonly called a bail hearing, may be required.

A lawyer’s involvement is particularly important at this stage. It is often necessary to present a structured release plan that includes a stable address, realistic conditions and, in some cases, a surety or another responsible person prepared to assist.

6. Consult a Criminal Lawyer Promptly

An arrest does not mean that a person will be convicted. However, the first decisions can affect the rest of the case. A criminal lawyer can, among other things:

determine whether the arrest was lawful;
assess whether constitutional rights were respected;
advise the person before any statement is given;
explain the release conditions;
prepare an in-custody appearance;
communicate with the prosecution when necessary;
develop a defence strategy from the earliest stages.

The sooner counsel becomes involved, the greater the opportunity to avoid mistakes and preserve the available options.

7. Arrested in Gatineau or the Outaouais: Do Not Wait

If you are arrested in Gatineau, Campbell’s Bay, Maniwaki or elsewhere in the Outaouais, it is advisable to consult a lawyer promptly. The same caution applies if the police call and ask you to attend at the station or advise that they intend to arrest you.

In every case, the basic rules remain the same: remain silent, ask for a lawyer, comply with the conditions imposed and keep every document you receive.

Need a criminal defence team in Gatineau or the Outaouais? Contact CSG Avocats promptly for advice tailored to your situation.

Emergency 24/7 819-388-4888

Frequently Asked Questions

Do I have to answer the police after my arrest?

No. You may exercise your right to remain silent and ask to speak with a lawyer before answering questions about the alleged facts.

What should I do if the police ask me to attend at the station?

It is advisable to consult a lawyer immediately before attending, particularly if the police mention an arrest or a criminal investigation.

What happens if I do not comply with my conditions?

You may be charged with a new criminal offence. Every condition must be followed until it is varied or revoked by the court.

Is it serious to miss a fingerprinting date?

Yes. Failing to attend fingerprinting can have legal consequences. Review the documents you received and comply with every date shown.