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I'm in a fly in reservation called summerbeaver now the

Customer Question
I'm in a fly...

I'm in a fly in reservation called summerbeaver now the thunder bay police wanna interview me which is 500kms awsy about an incident 6yrs ago they did not issue a warrant way should I do get lawyer and go talk to them or just sit and wsit

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

No charges yet but they say depends on the interview wat should I do get lawyer and go see them

Lawyer's Assistant: In what state did this occur?

Ontario camada

Submitted: 8 months ago.Category: Canada Law
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Customer reply replied 8 months ago
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Answered in 21 hours by:
11/15/2017
Lawyer: CaptanLaw, Lawyer replied 8 months ago
CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 282
Experience: I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Hello

I'm a criminal defence lawyer and can assist with your inquiry. Please keep in mind, as per the Terms of Service, that we are not permitted to provide specific legal advice on here; we can only provide general legal information. As such, we cannot tell you do take one course of action over another, but provide you with the relevant pieces of legal info that you might need in order for you to make that decision on your own.

To start, it is important to tel you the following. First, a suspect or potential witness in a criminal case are under no legal obligation to speak to the police about the particulars of a case being investigated. This means that if the police ask someone to attend their detachment, there is no legal obligation for the person sought to attend; similarly, there is no legal obligation to speak to the police over the phone, in a telephone interview. The right to "pre-trial" silence is guaranteed under s. 7 of the Charter of Rights and Freedoms.

Second, you must be aware that if you do attend the police station and speak to them, anything you do provide them can be used later on in court against you, assuming charges are laid. Most criminal lawyers you speak with will provide the advice that one should not speak to the police if they are suspected of a crime, particularly if the police have already made up their mind that they will be laying charges.

Third, the police can only lay criminal charges if they have evidence to suggest, based on reasonable and probable grounds, that an offence was committed. Before making your decision about what to do, you may want to inquire with them whether it is their intention to arrest and charge you for a specific offence, and if so, what that offence is. There may be situations where the police start off without an intention to lay charges, as they do not have reasonable and probable grounds; but, then, the person interviewed (let's call him Suspect 1) provides information to the police that ultimately creates that legal threshold, and then the police arrest Suspect 1 based on the information provided.

Fourth, you do have a right to speak to a lawyer if you are detained by the police in an investigation for the purpose of questioning. However, you do not have a right to have that lawyer present during any interview. In other words, if you do turn yourself in for questioning, you ought to speak to a criminal lawyer PRIOR to doing so.

This is a situation where you may want to get a lawyer to at least contact the police and figure out what the police's intentions are with respect to meeting you. Once you have that info, you'd be better informed about what to do. There is nothing wrong with getting a lawyer to do this, and it cannot be used against you, legally speaking, in terms of the inferences of guilt.

I hope that helps.

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