Understanding Your Legal Rights Following an Assault Arrest in BC

Anyone arrested or detained in British Columbia for assault has a number of legal rights. These are the same legal rights that one has if you are arrested in another province or territory and/or if you are arrested for a different criminal offence. The reason why these rights remain the same in all of these aforementioned cases is because these are federal constitutional rights. In today’s blog article, we are going to go over what these rights are.

1.      You have the right to remain silent.

Police would much rather you talk to them, but do not be fooled by any nice gestures or camaraderie. You should not make any statements to the police before discussing this with your lawyer.

2.      You have the right to be told why you are being arrested.

3.      You have the right to be told that you can have lawyer.

4.      You have the right to be told how you can access free legal advice if you cannot afford to hire your own lawyer.

5.      You have the right to speak privately with a lawyer right away.

There are also some other general rights that you have but which may not apply instantly upon arrest. For example, you have the right to a speedy trial, meaning you cannot be kept in custody forever without a trial. And you also have the right to be considered innocent until proven guilty.

In court, it is the obligation of the prosecution to prove that you committed a crime beyond a reasonable doubt. Under Canadian law, the assumption is that everyone is innocent until or unless one is proven to be guilty.

Everything noted above applies to the crime of assault and also to all other crimes one could be arrested for. Being arrested in BC is not different from being arrested elsewhere in Canada. There are not special rules that apply in British Columbia. 

Please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible if you have been arrested for assault. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.