What To Do After an Arrest in Ontario: A Complete Guide

Being arrested is one of the most stressful and confusing experiences anyone can face. Whether you were arrested in Mississauga, Brampton, Caledon, Bolton, or anywhere in Ontario, knowing what to do next is critical. A single mistake can negatively impact your case, your bail, your employment, and your long-term future.

This comprehensive guide explains exactly what to do after an arrest in Ontario, what your legal rights are, what police can and cannot do, and why contacting an experienced criminal defence lawyer in Mississauga should be your first step.

1. Stay Calm and Cooperate — Do Not Resist

When police place you under arrest, your behaviour in those initial moments matters. Even if you feel the arrest is unfair or mistaken, you must remain calm. Resisting arrest or obstructing police—even unintentionally—can lead to additional criminal charges.

Important:
Cooperating does not mean answering questions. It simply means remaining physically compliant.

2. Know Your Charter Rights Immediately

Under the Canadian Charter of Rights and Freedoms, you have specific rights the moment you are detained or arrested in Ontario. These include:

• The right to know why you’re being arrested

• The right to remain silent

• The right to speak to a lawyer without delay

• The right to be free from unreasonable search and seizure

• The right to reasonable bail (unless there are just cause grounds to deny it)

Most people do not fully understand these rights, and as a result, they often say or do things that harm their defence. Knowing your rights is one of the strongest tools you have.

3. Exercise the Right to Remain Silent

One of the biggest mistakes people make after an arrest is talking to the police. You may feel pressured, scared, or hopeful that explaining your side will help—but it rarely does.

Anything you say can and will be used in court.

You have the right to politely say:

“I choose to remain silent. I want to speak to my lawyer.”

Police may still attempt to ask questions, but you are not legally required to speak. Remaining silent is not an admission of guilt—it is your legal protection. However, you must provide basic identification.

4. Ask to Call a Lawyer Immediately

Ontario law requires police to provide you with a private and reasonable opportunity to speak with:

• A lawyer of your choice

• And/or Duty Counsel (a free legal service)

This is where the value of having a Mississauga criminal defence lawyer becomes clear. A local lawyer understands:

• Peel Regional Police procedures

• The Mississauga and Brampton court systems

• Local judges, Crown prosecutors, and bail trends

• Common arrest scenarios (DUI, assault, domestic charges, drug charges, etc.)

Your lawyer can advise you on:

• What to say (or avoid saying)

• How to handle interrogation

• What to expect during processing

• Whether there’s a possibility of early release

A phone call with a criminal lawyer immediately after arrest is often the single most important step you can take.

5. Do Not Provide a Statement Without Legal Counsel

Police may attempt to:

• Reassure you that giving a statement will “help your case”

• Say that “co-operating looks good”

• Suggest that you will “feel better getting it off your chest”

• Claim that “your side is important right now”

But in reality, providing a statement before speaking to a lawyer almost always harms your case.

Even innocent explanations can be misinterpreted or used inconsistently against you later.

Your Mississauga criminal lawyer will tell you if speaking is in your best interest—most often it is not.

6. Understand What Happens After an Arrest in Ontario

After being taken into custody, the following steps typically occur:

a. Booking and Processing

You may be fingerprinted, photographed, and asked basic questions such as name, address, and date of birth.

b. Release or Holding

Depending on the offence, you will either be:

• Released from the police station

• Given a Promise to Appear

• Held for a bail hearing (usually within 24 hours)

c. Bail Hearing

If you are held, your lawyer can advocate for your release. Strong bail representation significantly increases the chances of being freed with reasonable conditions.

7. What Happens at a Bail Hearing in the Peel Region

The bail hearing takes place at the Brampton Courthouse, which serves Mississauga, Brampton, and the entire Peel Region.

A criminal defence lawyer will:

• Present a release plan

• Challenge weak or unfair Crown positions

• Address concerns about flight risk, safety, or reoffending

• Work with potential sureties (if required)

• Protect your rights under the Charter

A well-prepared bail hearing can dramatically change the course of your case.

8. Respect All Bail or Release Conditions

If you are released, you may have several conditions, such as:

• No contact with certain individuals

• No alcohol or drugs

• No weapons

• Curfews

• Area restrictions

• Regular check-ins

• Restrictions on travelling outside Ontario

Violating conditions leads to additional charges and undermines your defence, so it is crucial to follow them carefully.

A criminal lawyer can help you seek a bail variation later if the conditions are too strict.

9. Obtain Disclosure and Review Your Case

Once charges are laid, your lawyer will request disclosure, which includes:

• Police notes

• Witness statements

• Body cam footage

• Surveillance videos

• Test results (DUI breath samples, forensic evidence)

• Officer reports

This evidence is used to build your defence strategy.

A skilled Mississauga criminal defence lawyer will review every detail for:

• Charter breaches

• Illegal searches

• Inconsistencies

• Weak evidence

• Unreliable witnesses

Many cases are won or withdrawn because of flaws in the evidence—not because someone proved innocence.

10. Why Hiring a Criminal Lawyer in Mississauga Matters

The criminal justice system is complex. Crown prosecutors are experienced, and the consequences of a criminal conviction can be life-altering.

A defence lawyer in Mississauga provides:

• Local knowledge of the Peel Region courts

• Tailored defence based on local practices

• Early negotiations that may result in the withdrawal of charges

• Protection from making harmful decisions

• A strong strategy for trial or resolution

Choosing the right lawyer can significantly change your outcome.

11. Common Charges People Are Arrested for in the Peel Region

Mississauga and Brampton see a wide range of criminal cases, including:

• Domestic assault and assault

• Impaired driving / DUI / over 80

• Drug possession or trafficking

• Fraud and theft charges

• Weapons offences

• Uttering threats

• Sexual assault allegations

• Youth criminal charges

Each type of charge has unique legal considerations and defences, making early advice critical.

12. What NOT to Do After an Arrest

Avoid:

• Posting about your arrest on social media

• Contacting the complainant or witnesses

• Attempting to “explain yourself” to the police

• Talking to friends or family about the details (their statements can be used)

• Missing court dates

• Ignoring bail conditions

Your behaviour outside the courtroom can affect how your case proceeds inside it.

13. How a Criminal Record Affects Your Future

Convictions can impact:

• Employment

• Immigration status

• Professional licensing

• Ability to travel to the U.S.

• Family matters like custody

• Reputation and personal relationships

Protecting your record should be a top priority.

14. Take Immediate Steps to Protect Yourself

Here’s what to do right away:

• Contact a criminal lawyer in Mississauga

• Gather relevant documents (messages, emails, receipts, etc.)

• Save your bail papers

• Write down everything you remember about the arrest

• Avoid discussing details with anyone except your lawyer

These small steps can give your lawyer a stronger defence strategy.

15. Contact a Criminal Defence Lawyer Immediately

Getting a lawyer involved early is the most important step after an arrest.

A criminal lawyer can:

• Review disclosure (police evidence)

• Challenge unlawful police conduct

• Negotiate charges or penalties

• Protect your rights at every stage

• Represent you in Mississauga, Brampton, and the Peel Region courts

Early legal intervention often results in:

• Reduced charges

• Withdrawn charges

• Better plea negotiations

• Stronger trial preparation

DISCLAIMER:

The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.

Questions about this topic? See our page on criminal charges in Mississauga, or call (289) 652-0529.