What is Unlawful Arrest and When to Hire a Criminal Lawyer in Brampton

Being arrested in Brampton can be a horrifying experience when it feels unjust or unlawful. Many Canadians are unaware that the law safeguards individuals against arbitrary or illegal arrests.  Understanding what forms an unlawful arrest and knowing when to hire a criminal attorney is essential. 

It will protect your rights and ensure fair treatment under the law. In this comprehensive guide, we’ll explore what unlawful arrest means in Ontario, how it happens, and when you need expert legal help from our team of criminal lawyers in Brampton, Ontario, at Dhindsa Law.

What Is an Unlawful Arrest?

An unlawful arrest occurs when law enforcement detains or arrests someone without proper legal authority or “reasonable grounds.” Section 9 of the Canadian Charter of Rights and Freedoms protects the right against arbitrary detention and imprisonment. It means the police cannot arrest you because they want to. They must have a lawful reason.

The Supreme Court of Canada has clarified that for an arrest to be lawful, police must have aim and subjective grounds to believe a person committed or is about to commit a crime. Otherwise, any arrest or detention is deemed unlawful and violates your fundamental rights.

Common Examples of Unlawful Arrests

Police must follow strict rules when making an arrest. Unlawful arrests happen when:

• Police arrest without probable cause or reasonable suspicion

• There is no valid arrest warrant, or the warrant is defective

• Police fail to inform you of the reason for your arrest

• Denial of your constitutional rights (such as the right to counsel)

• Police use excessive force or detain you longer than necessary

• Arrests are made based on racial profiling or discrimination

In Ontario, an illegal arrest is a violation of rights and can be grounds for challenging the charges and seeking remedies.

Consequences of an Unlawful Arrest

Being wrongly arrested can have serious repercussions:

• Wrongful deprivation of liberty and emotional trauma

• Damage to personal and professional reputation

• Possible illicit search and seizure of property or evidence

• Charges obtained through this process may be challenged in court

• Long-term legal battles to restore rights or seek compensation

Knowing your legal rights and having knowledgeable advocates is critical to addressing these impacts.

When To Hire a Criminal Lawyer After an Unlawful Arrest?

If you believe you have been unlawfully arrested, immediate legal guidance is vital. Criminal lawyers in Brampton, Ontario, like myself, pride in protecting clients’ rights in these challenging situations.

Here’s why hiring a proficient criminal attorney right away matters:

• Case Review and Advice: A lawyer can review the circumstances of arrest and determine if the police had proper grounds or if the arrest was unlawful.

• Challenge Evidence: Illegal arrests lead to illegally obtained evidence, which skilled lawyers can move to exclude.

• File Charter Challenges: Your lawyer can bring applications under the Charter to seek dismissal of charges or evidence suppression.

• Negotiate Outcomes: Where possible, lawyers work with prosecutors to reduce charges or penalties when unlawful arrest issues arise.

• Protect Your Rights: Early legal intervention stops further violations and helps maintain your right to a fair trial.

Prompt legal help maximizes the chances of dismissing charges or reducing penalties linked to unlawful arrest incidents.

How Criminal Lawyers Help You Navigate Unlawful Arrest Issues?

We at Dhindsa Law understand that experienced criminal defence lawyers leverage several strategies to protect clients unlawfully arrested:

• Investigate the arrest, gathering police reports and witness statements

• Scrutinize arrest warrants and court orders for validity

• Analyze whether the police complied with your Charter rights

• Engage forensic or expert witnesses when evidence collection practices are suspect

• Represent you in bail hearings, trials, and Charter applications

• Provide clear, ongoing communication on your case progress and options

Having trusted criminal lawyers in Brampton with court experience gives you confidence when facing serious legal challenges following an unlawful or questionable arrest.

Your Rights After an Arrest

 

The law guarantees that if you are arrested, you must:

• Be informed of the reasons for your arrest

• Have the right to legal counsel without delay

• Be treated with respect and fairness throughout detention

• Be brought before a judge or justice of the peace within 24 hours for a bail hearing

Any breach of these rights can strengthen defences and create opportunities to challenge the prosecution’s case.

What to Do If You Have Been Unlawfully Arrested?

If you have been arrested and suspect the arrest was unlawful:

1. Remain calm and polite—do not resist the arrest, but remember your rights

2. Request to speak with a criminal lawyer in Brampton immediately

3. Document as many details as possible (time, place, officers involved)

4. Avoid making statements or signing documents without a lawyer presence

5. Keep all records and evidence related to your arrest and detention

6. Contact a top criminal lawyer in Brampton such as me experienced in Charter defences

Early action with knowledgeable legal help is critical to protecting your rights and future.

Why Choosing Local Criminal Lawyers Brampton Matters?

Our team of attorneys at Dhindsa Law understands the specific procedures, judges, and prosecutors in Brampton’s courts. This deep knowledge aids in crafting effective defence strategies around illegal arrest claims and helps secure favourable outcomes.

Criminal lawyers in Brampton, Ontario, at Dhindsa Law ensure your case benefits from specialized guidance rooted in local experience and legal expertise.

Conclusion:

Unlawful arrests violate constitutional rights and can harm your liberty and future if left unchecked. If you face arrest or criminal charges under questionable circumstances, securing expert advice from a criminal attorney immediately is vital.

With a top criminal lawyer in Brampton, including me at Dhindsa Law, you can challenge wrongful arrests. It will protect your legal rights, and pursue justice through every legal channel available.