The First Hour Matters More Than You Think
If you or someone you care about has just been arrested in Vancouver, the decisions made in the next sixty minutes can have a profound impact on the outcome of the entire case. This is not an exaggeration. Evidence is gathered, statements are taken, and investigations are shaped in those first critical hours — often before anyone has had a chance to consult a lawyer.
As a criminal defence trial lawyer who has spent over a decade in BC courts, I have seen firsthand how the decisions people make immediately after arrest — often out of fear, confusion, or a misguided instinct to cooperate — create problems that are very difficult to fix later. This guide tells you exactly what to do and what not to do.
"The right to silence exists precisely because the justice system recognises that people under arrest are frightened and vulnerable. Exercise it — it is not an admission of guilt."
Step 1 — Stay Calm and Do Not Resist
The first and most important thing to do when police arrest you is to remain calm and comply physically with the arrest. Do not argue, pull away, or resist in any way — even if you believe the arrest is completely unlawful.
This is not about submission. It is about strategy. If the arrest is unlawful, that is something your lawyer can use to challenge the entire case later in court. Resisting or fleeing, on the other hand, creates new criminal charges — and those charges are far easier for the Crown to prove than the original ones.
- Keep your hands visible and avoid sudden movements
- Do not argue with the arresting officers at the scene
- Do not attempt to explain yourself or provide your version of events
- Comply with all physical instructions — getting in the police car, being handcuffed, etc.
- Save your arguments for the courtroom, where they will actually matter
Step 2 — Exercise Your Right to Silence Immediately
Under section 7 of the Canadian Charter of Rights and Freedoms, you have the right to remain silent. You are required to provide your name and date of birth to police when asked, but beyond that, you are not legally required to answer any questions.
This is the single most important piece of advice in this article. Do not answer questions. Do not provide your "side of the story." Do not attempt to explain what happened. Do not try to be helpful. Everything you say to police — even things that seem completely innocent — can and will be used against you at trial.
The most common mistake I see: People believe that if they just explain what really happened, the police will understand and let them go. This almost never happens. What actually happens is that your explanation becomes part of the Crown's evidence — and even truthful statements can be taken out of context, misremembered, or used to contradict something you say later.
The way to exercise your right to silence is simple. When police ask you questions, say clearly and calmly: "I am exercising my right to remain silent. I would like to speak with a lawyer." Then stop talking. You do not need to justify this or explain it. You do not need to be rude. Simply state it and remain quiet.
Step 3 — Demand Your Right to Counsel Without Delay
Under section 10(b) of the Charter, when you are arrested or detained, police must immediately inform you of your right to retain and instruct a lawyer without delay. They must also facilitate that right — meaning they must give you a genuine opportunity to reach a lawyer before continuing their investigation.
As soon as you are arrested, say clearly: "I want to speak to a lawyer." Once you have said this, police are legally required to stop questioning you and give you access to a phone to call counsel.
What if I Cannot Afford a Lawyer?
You have the right to speak with Legal Aid duty counsel for free, 24 hours a day, 7 days a week. In BC, the duty counsel line is available around the clock specifically for people who have just been arrested. Police must provide you with this number and give you the opportunity to call.
Duty counsel can provide immediate advice about your rights, whether to give a statement, and what to expect in the next few hours. This call is confidential and is protected by solicitor-client privilege — meaning police cannot listen to it or use it against you.
What if Police Deny My Request for a Lawyer?
If police continue questioning you after you have clearly asked for a lawyer, this is a Charter violation. Any statements you make after a denied request for counsel may be excluded from evidence at trial. Your lawyer will examine this carefully. Document the time you made the request and what the officer said in response — this information is important.
Step 4 — Do Not Consent to Searches
Police may ask for your consent to search your phone, your vehicle, your bag, or your home. You have the right to decline this consent clearly and calmly. Doing so is not suspicious or incriminating — it is the exercise of a constitutional right protected by section 8 of the Charter.
Simply say: "I do not consent to any searches."
If police have a warrant or lawful authority to search without consent, they will proceed regardless. But if they do not, your refusal means any evidence found in a warrantless search may be excluded from trial under section 24(2) of the Charter. This is one of the most powerful tools available to a defence lawyer — and it only works if you did not consent.
- Stay calm and do not resist physically, no matter what
- Provide your name and date of birth — nothing more
- Say clearly: "I want to speak to a lawyer" and stop talking
- Do not consent to any searches of your phone, car, bag, or home
Step 5 — What Happens After You Are Taken to the Station
After arrest, you will typically be transported to a police station and placed in a holding cell. Police will process your arrest — taking your fingerprints, photograph, and personal belongings. This is standard procedure and does not indicate that you will be charged.
At this stage, you may be held for several hours while police decide whether to release you or hold you for a bail hearing. During this time, continue to exercise your right to silence. Do not make conversation with officers about your case. Do not attempt to negotiate or explain. Wait for your lawyer.
Will I Be Released or Held in Custody?
For many offences, police have the authority to release you directly from the station with conditions — a process called a Promise to Appear or an Undertaking. For more serious charges, you may be held for a bail hearing before a Justice of the Peace, which typically occurs within 24 hours of arrest.
The bail hearing is one of the most important proceedings in the entire case. Having a lawyer at your bail hearing dramatically improves the likelihood of release and of reasonable conditions. If you are being held overnight, contact a lawyer immediately — either privately or through Legal Aid duty counsel.
Step 6 — Contact a Criminal Defence Lawyer as Soon as Possible
Everything described above is designed to preserve your position until you can speak with a lawyer. The moment you have access to a phone, call a criminal defence lawyer directly — not a friend, not a family member first, and not just duty counsel if you are facing serious charges.
A criminal defence lawyer can advise you on the specific charges you may be facing, what to expect in the next 24 hours, whether to provide a statement (almost always the answer is no), and how to prepare for a bail hearing if you are being held overnight.
"Early legal advice is not a luxury — it is the foundation of an effective defence. The earlier I become involved in a file, the more options we have."
At CFP Law, I am available 24 hours a day, 7 days a week for calls from clients who have just been arrested or who have a family member in custody. You can reach me at 604-785-5505. The initial call is free and completely confidential.
A Note on What Not to Do
To be thorough, here is a direct list of the most common mistakes people make after arrest in BC — mistakes that can seriously damage an otherwise defensible case:
- Answering police questions without a lawyer present — even "just to explain"
- Posting anything on social media about the arrest or the alleged offence
- Contacting the alleged victim or any witnesses — this can result in additional charges
- Consenting to a search of your phone, home, or vehicle
- Speaking about the case with anyone other than your lawyer — including family members, as these conversations are not privileged
- Missing a court date or breaching any conditions of your release
- Assuming that because you are innocent, everything will "work itself out"
Summary — Your Rights Under the Charter
The Canadian Charter of Rights and Freedoms provides real, enforceable protections for people who are arrested or detained. These rights are not formalities — they are the foundation of a fair justice system, and a skilled defence lawyer can use Charter breaches to exclude evidence and in some cases stay proceedings entirely.
The key Charter rights to know are: the right to silence (s.7), the right to be informed of the reason for your arrest (s.10(a)), the right to retain and instruct counsel without delay (s.10(b)), and the right to be free from unreasonable search and seizure (s.8).
If you believe any of these rights were violated during your arrest, document everything you can remember — what was said, by whom, and when — and tell your lawyer as soon as possible.
If you or a family member has been arrested in Vancouver or the Lower Mainland, contact CFP Law today for a free confidential consultation. I am available around the clock.