Area of Law: Criminal Law
Answer # 747
Do the police need a warrant to arrest you?Region: Ontario Answer # 747
The police are not required to have a warrant before arresting someone and are given a broad power under the law to arrest people without a warrant. However, in some circumstances, an arrest warrant may be issued by a justice of the peace to assist the police in carrying out the arrest.
If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible.
Being arrested without a warrant
The police can arrest you without a warrant if you have committed a serious offence, if you are in the middle of committing a serious offence, if the police believe you are about to commit a serious offence, or if the police believe that there is a warrant out for your arrest. Even if the offence is considered relatively minor and not serious, the police can still arrest you without a warrant if you refuse to identify yourself, or if the police believe that you might repeat the offence or destroy evidence.
Being arrested with an arrest warrant
However, if the police are aware of an individual who they believe has committed a particular offence, they can ask a judge to issue an arrest warrant. An arrest warrant is a piece of paper signed by a judge that permits the police to arrest the person named in the warrant. The judge must have a reasonable belief that a criminal offence has been committed by that person before signing the warrant.
If you have been charged with a crime, contact our preferred criminal defence experts, The Criminal Law Team
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