What are my rights if I’m stopped by police?
Police may only detain you if they have a reasonable suspicion that you have committed or are connected to a crime. Our courts have recognized that detention may be physical or psychological. If you are detained, you have a right to be told why you are being detained.
You generally have a right not to provide information to police. This means that you do not have an obligation to assist police in their investigation.
There are a few exceptions to this general rule. For example, if you are arrested you are obligated to provide your identifying information to police (such as your name, address and birthdate) or if you’re operating a motor vehicle, you are a required to provide your license if requested.
While you generally do not need to provide information to police, it is a criminal offence to lie to police.
If you are contacted by police and believe you are at risk of facing criminal charges or being arrested, you can contact our office at 780-686-7948. Mr. Rory Ziv can help you to asses the risks and benefits of speaking to police.
What are my rights if I’m arrested?
If you are arrested, you have the immediate right to be told the reason for your arrest. The arresting officers are required to explain this reason clearly.
Police are also required to inform you of your right to counsel and provide you with access to a telephone in order to contact counsel as soon as possible. You should be provided with a phone book or tablet so that you can contact a lawyer or law firm of your choice. They are also required to provide you with the phone number for free legal services, such as Legal Aid.
Is it illegal to record police in public?
No, there is no law in Canada preventing people from taking a video of uniformed police officers. It is illegal to interfere with a police officer’s duties however, such as attempting to stop an arrest or destroying evidence.
I was pulled over by police and blew over the legal limit. Should I just plead guilty?
Drunk driving offences can be very complicated and legally technical cases to defend. You have numerous rights which are protected by the Canadian Charter of Rights and Freedoms. It is necessary to assess whether police infringed upon these rights. For more information, please contact our office at 780-686-7948.
Do I have a right for my lawyer to be present during police questioning?
No. While lawyers are often shown to be seen sitting next to their clients while police interrogate them on television and movies, this is not a right in Canada. You do have a right to speak to counsel as soon as possible after your initial arrest, however.
Do you offer free consultations?
Yes. During your first meeting, Mr. Rory Ziv will discuss the allegations made against you and begin to asses the situation. You will also be able discuss any questions or concerns you may have.
How do I retain you?
During the initial consultation, we will likely be able to provide you with a quote for legal fees. Depending on the severity and gravity of the offence, Mr. Ziv may need to receive and review disclosure (the Crown’s case against you) before providing the final fee to you.
Legal fees generally depend on the complexity and seriousness of the charge and travel costs if applicable. It is also the general practice for criminal defence lawyers to provide a flat rate as opposed to an hourly rate.
All fees will be discussed and approved by the client.
Do you offer payment plans?
We understand that legal fees can be an unexpected cost that you and your loved ones may not have budgeted for. We are happy to discuss fee arrangements, such as payment plans with you. For more information, please contact our office at 780-686-7948.