Toronto Criminal Lawyer

Fear being arrested? — forewarned is forearmed

If you are being investigated, you may soon find yourself being confronted, interrogated, or in handcuffs. There are times when you should not speak, times when you must speak, and times when a few words on your behalf might help — read, for example, my media statements after the 2015 McDonald's shooting:

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Understanding what you must do, shouldn't do, or should do requires a criminal lawyer's assessment of your individual circumstances. Even if you have the right to remain silent, you won't always have that ability. The difference lies in knowing how to remain silent when confronted or detained.

I'll educate you on what to expect, including police interview techniques. You'll learn what's best: (a) deny, deny, deny; (b) confession is good for the soul; or (c) silence is golden. If you are about to arrested, I can provide you with a statement like you see below, tailored to your individual circumstances.

Whether you're about to be arrested, consented to a search, are being investigated at work, or feeling pressured by the police or your family, I can help. I've been protecting people in your situation since 1994. Call now to get ready for the hurricane before it hits the shore: 416 410 2266.

Craig Penney, Toronto Defence Lawyer


26 April 2017 — EXAMPLE OF STATEMENT GIVEN ON ARREST

To:  police officer ***, *** Police Service
Re:  the criminal investigation and/or charges

My Wishes:  I, [the person being arrested], hereby confirm that I have instructed my counsel, Toronto criminal lawyer Craig Penney, (i) that I do not wish to be interviewed or questioned by the police, (ii) that I do not wish to make any statement, (iii) that I do not wish to give any other evidence — be it bodily impressions, handwriting samples, or hair, blood, saliva, or other bodily sample, (iv) that I do not want to consent to a search of my person or property, (v) that I do not want to participate in any line-up, and (vi) that I do not want to view the alleged crime scene, any property retrieved, or photos. I have instructed Mr Penney to draw up this document so that you can be informed of my wishes.

Respect my right to silence: I do not want to be repeatedly questioned. If I am not going to be released, I request that I be brought to a holding cell to await transportation to Court for my bail hearing.

My Cooperation: I wish to cooperate by submitting to your authority to search me incident to my arrest and by providing my fingerprints and photographs as required by the Identification of Criminals Act. I do not wish to provide any more information or cooperation, except as legally required (for example, if I am required to make a statement after an accident as required by the Identification of Criminals Act.)

Consent Revocation: If you are relying on a consent that I have allegedly given to conduct a search or to otherwise invade my privacy, I hereby revoke that consent. Again, I do not want to cooperate in your investigation except as legally required.

Request for Counsel: I request that you allow me to speak immediately with Mr Penney in private. His phone number is 416 410 2266. If Mr Penney calls, I request that you allow him to speak with me.

Hold Off: If Mr Penney is not available when you call, I do not wish to speak with duty counsel. Please hold off questioning me until I have had an opportunity to consult with Mr Penney, my counsel of choice.

Signed: [person being arrested]