Arrested or Charged

Someone I love has been arrested. What can I actually do tonight?

Three useful things. First, information: call the police service's non-emergency line to locate them and learn the charges and next appearance — and call our free line to understand the process. Second, bail readiness: if a hearing is coming, a stable address, a proposed surety with identification and knowledge of their finances, and workable conditions win releases. Third, restraint: do not discuss the allegations with them on recorded station or jail phones — say you love them, sort logistics, and leave the facts for counsel.

Police say they "just want my side of the story." Should I give it?

Not before legal advice, and almost always not at all. The interview is an evidence-collection exercise, not a chance to be released early — people talk themselves into charges far more often than out of them, and even truthful, innocent accounts create inconsistencies that get replayed at trial. Decline politely: "On my lawyer's advice I won't be answering questions." Police may lawfully persist; your silence remains lawful and unusable against you.

Do I get a phone call like on TV?

Better: you get counsel. The Charter right is to speak to a lawyer without delay and in private — your own, or free duty counsel around the clock — and police must generally hold off eliciting evidence until you've had a reasonable opportunity. It is not a general right to phone family (though police often allow it, and must for some detainees like young people, whose parents are notified). Use the counsel call first; it is the one that changes outcomes.

Will this show on my record even if I'm never convicted?

The charge creates police records, fingerprints and court records even where it ends well. Withdrawn and stayed charges, and acquittals, leave residue in police databases that can surface on some enhanced checks — and you can apply to have fingerprints and photographs destroyed after non-conviction outcomes, with practices varying by service. Absolute and conditional discharges purge from CPIC after 1 and 3 years. Managing the record after the win is a real, worthwhile step — ask about it when the case ends.

Should I just plead guilty and get it over with?

Not before disclosure and advice — ever. A guilty plea is permanent: a criminal record with employment, travel and (for non-citizens) devastating immigration consequences, and pleas are set aside only rarely. "Getting it over with" is exactly what diversion, withdrawals, discharges and resolution agreements exist to do without a record — options a lawyer reads out of the disclosure, not out of the charge sheet. The system moves slower than you want; use that time, don't surrender to it.