Answers to frequently asked questions about criminal law,including statement to police,impaired driving, arrest and taking a lie detector test. Click here to return to the Home Page of Kelly, Greenway, Bruce



Frequently Asked Questions - Criminal Law

I AM UNDER CRIMINAL INVESTIGATION.   AM I OBLIGATED TO GIVE A STATEMENT TO POLICE?

 Absolutely NOT!   You are entitled to remain silent. It may be against your interests to give any statement to the authorities. Legal advice from your own lawyer should be obtained immediately.



IF I AM ARRESTED BY THE POLICE, DO I HAVE TO CO-OPERATE AND GIVE A STATEMENT AT THAT TIME?

 On arrest, it is crucially important to obtain legal advice before giving the police any statement about your involvement in the matter under investigation.



HOW CAN I GET LEGAL ADVICE ONCE I AM ARRESTED?

 By law, the police are required to advise you of your Right to Counsel upon arrest. In simple terms, this means you can call any lawyer of your choice or duty counsel, to obtain legal advice. Many law firms, including our own, provide a phone number whereby you can obtain legal advice any time, day or night.



CAN I SPEAK TO A LAWYER IF I AM ARRESTED FOR IMPAIRED DRIVING?

 Yes, but only upon arrest. That is to say, if you are stopped in a RIDE Program (or just stopped by police) and police demand from you a sample of breath for the Roadside Screening Device, you must comply with this demand, and you have no right to consult with a lawyer at that time. If however, you fail the Roadside Screening Device, at that point in time you will be arrested and advised of your Right to Counsel. Get legal advice at that time. You may be asked by police to do some things you are not legally required to do, so get legal advice first.



THE POLICE WANT ME TO TAKE A POLYGRAPH TEST (LIE DETECTOR).   SHOULD I DO SO?

You are not under any obligation to take a polygraph test. Again, you should obtain legal advice first.



HOW DO I GO ABOUT CHOOSING A CRIMINAL LAWYER FOR MY NEEDS?

Most law firms, including our own, offer free consultation. Check to make sure the lawyer you choose has experience, based on involvement in similar cases.



The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.