What to Do If the Police Want to Interview You Regarding an Assault

The answer to the question suggested by the title is “it depends”. If you are a witness to a crime, then by all means talk to the police about what you saw or heard. If you are the victim of a crime, definitely talk to the police. However, if you were in close proximity to the crime and think the police may consider you an offender, whether you are or not, then you should exercise your right not to speak without first consulting a lawyer.

Having access to a lawyer is your right. Hire one right away if you think are suspected of a crime, and if you are charged, a lawyer will be appointed to you if you cannot afford one.

In Canada, you are obligated to identify yourself to the police, but you are not required to speak to them. You have the right to remain silent, and remaining silent cannot be used against you in court. Whereas if you talk to the police, then anything you say can be used against you in court.

So, if you are the offender or a suspected offender, definitely do not talk to the police without first consulting a criminal lawyer and remain silent instead for your own protection.

If you are not sure exactly how you are being viewed by the police when in an interview, you can always stop it at any time. You can ask if you are free to leave, and if so, leave. If not, just say, “I want a lawyer.” And stop talking.

Keeping quiet cannot hurt your case, but talking too much can. 

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.