Criminal Law
Arrest Warrants
Criminal Law
Lawyers for Arrest Warrants
If you have become aware of an outstanding arrest warrant in your name, you need to contact our criminal defence lawyers immediately for legal support and assistance. It is important to follow the advice of an experienced criminal defence lawyer from the very beginning in such cases. At Nanda and Associate Lawyers, our criminal defence team has a stellar reputation spanning more than 20 years of successfully defending numerous clients against the charges laid against them. Reach out to our legal team today for counsel and guidance in your case.
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What is an arrest warrant?
An arrest warrant authorizes law enforcement to take someone into custody as part of the legal proceedings in any of the following instances:
- A crime has been committed, and it is important to arrest the alleged suspect to obtain more evidence as part of the investigation.
- It is necessary to take someone into custody to prevent them from committing another crime.
- It is necessary to establish the identity of the suspect in a case.
- You failed to appear in court, and a warrant was subsequently issued to ensure your presence in court during the proceedings.
What are the different types of warrants?
Search Warrant
Search warrants are issued authorizing law enforcement officials to conduct a thorough search of the property of the accused to obtain important evidence as part of the investigation.
Bench Warrant
A bench warrant may be issued when you fail to appear in court during the trial proceedings. The police will then be authorized to arrest you and produce you in court to ensure your presence in the proceedings.
Arrest Warrant
This refers to a warrant issued under the provisions of the Criminal Code to take into custody the alleged accused suspected of having committed the crime under investigation.
Witness warrant
A witness warrant, as the name suggests, is issued when an important witness fails to appear during the trial proceedings. If you ignored the subpoena requesting you to appear in court, then, in the interest of justice, the court might issue an arrest warrant authorizing the police to ensure your presence in court.
Surety Warrant
When the person who stood as surety for you as a condition for your bail decides to withdraw their surety, an arrest warrant may be issued if you did not surrender in court at that time.
Warrant for a breach of condition
If you violate any of the conditions of your bail, probation, or your conditional sentence, then the court may issue an arrest warrant against you for the breach.
How can our criminal defence lawyer help you?
In the event of an arrest or if you just became aware of an outstanding warrant against you, you need to immediately contact our criminal defence lawyers for support and assistance. An experienced lawyer will be able to help you with the following.
Confirm the details of the warrant
Your lawyer can help you confirm the details of any outstanding warrant against you without you having to go to the police station and risk being taken into custody.
Facilitating your surrender
It is better to let your lawyer get in touch with the law enforcement officials to facilitate your surrender if there is an outstanding arrest warrant against you. Your lawyer will take care of all the formalities to ensure that you spend only the minimum possible duration in custody and apply for your release on bail as soon as possible.
Protecting your Charter Rights
Canadian law requires law enforcement officials to respect the Charter Rights of the accused throughout the legal process. If your arrest, search of your property, or the collection of any of the evidence was conducted in violation of your Charter Rights, then your lawyer may request the court to disqualify such evidence from the trial.
Representing you in the bail hearing
Your lawyer will also represent you during the bail hearing and will make a strong case for your release on bail on favourable conditions.
Negotiations with the Crown
During the pre-trial phase, based on the circumstances of your case, your lawyer will negotiate with the Crown in order to reduce the charges or drop them altogether in some cases. This might be possible if you are a first-time offender or if the evidence against you is weak.
Legal representation at the trial
When the case finally reaches the court, your lawyer will represent you in court and fight on your behalf to get a final court order in your favour. If required, they will also represent you in any appeal proceedings in the higher courts.
We can Help
If you are facing an arrest warrant, you need to engage the services of our experienced criminal defence lawyers right away. Get in touch with our legal team today to schedule a consultation.
Frequently Asked Questions
If you have additional questions or need further assistance, please don’t hesitate to reach out to us at hello@nanda.ca. We’re here to help!
Should I identify myself when a law enforcement official asks for me by name?
Yes. You must identify yourself to the law enforcement official if they are looking for you. You must not give them a false name or hide your identity from them in any way. This might lead to further criminal charges for obstructing the investigation.
What should I do if the police officer starts asking questions?
Under the Canadian law, your Charter Rights give you the right to remain silent. There is no need for you to respond to the questions from the police. You also have the right to contact your lawyer without any delay. It is highly advisable for you to remain silent until you are able to get in touch with your lawyer and follow their legal advice on how you may cooperate with the investigation without incriminating yourself in the process.
Are they allowed to search me?
If they have a valid arrest warrant, they are allowed to search your person and your clothing. However, they would require a search warrant to search your property or vehicle. In some cases, they might request your consent or permission from the owner or leaseholder to conduct the search. If the search was conducted with proper consent, this is considered a valid search under the law.
Am I required to let the police enter my home?
If they have a valid arrest or search warrant, you need to let them enter your home so that they may execute the warrant. Also, even if they did not have such a warrant, they may enter your home with your consent or that of the owner or leaseholder.
What is the difference between an arrest and a detention?
Detention is when the police temporarily detain someone as part of their investigation or other legal proceedings to gather more information or evidence. On the other hand, an arrest is a formal process of taking someone into custody and charging them with the alleged offence. Unlike detention, your arrest will lead to more restrictions on your freedom until you secure bail, subject to the bail conditions.
What are my rights in the event of an arrest?
Throughout the process, the law enforcement officials are expected to respect your Charter Rights. The important rights to consider in the event of your arrest are your right to remain silent, your right to retain and instruct counsel without delay, your right to be informed of the charges, and the right of protection from unreasonable search or seizure of your property.
Why is my arrest being delayed?
While there might be an arrest warrant in your name, there is no requirement for law enforcement to execute the warrant right away. It is fairly common for the police to delay the arrest until they gather more evidence and confirm that they are indeed arresting the right person. However, any unreasonably long delay can be challenged in court, as this could be in violation of your right to a fair trial within a reasonable time.
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