Do you have to be read your rights when you are aressted

If aressted and not read your rights can your of charges be dismissed ?

Asked 3 months ago in Stratford, Ontario
Categories: Criminal Law  General Legal Questions

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer


Unfortunately, not having rights to counsel read upon arrest or detention is not grounds, in and of itself, to have charges dismissed.  The only way in which a charge can be dismissed based on this Charter (section 10(b)) violation is if you can have all necessary Crown evidence excluded based on the violation; if that happens, the Crown will be unable to secure a finding of guilt.  As an example, s. 10(b) arguments often lead to acquittals in drinking and driving cases, where the police fail to satisfy s. 10(b) prior to seizing breath samples.

Andrew Captan
Toronto Criminal Lawyer

Posted 2 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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