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Unlawful Arrest And Search
Summary
In Canada, police must have reasonable grounds for arrest and charges. Arresting and charging without evidence, as described, could violate Charter rights. Unlawful entry and search without a warrant are typically not permissible. Document events, gather evidence, and seek legal representation. Consider contacting the Law Society of Saskatchewan or Legal Aid Saskatchewan for assistance. Prepare for court by reviewing legal documents, practicing your testimony, and understanding court procedures.Full Conversation
If I was pulled over and charged with possession possession but they didn't find anything and was held up to the RCMP station and charged with trafficking before they even search my house and found anything. once I was there and then they serve me with papers but yet they hadn't even searched my house yet and found any drugs. Is that legal in Canada
In Canada, police must have reasonable grounds to make an arrest or lay charges. Arresting and charging you with trafficking without evidence could be problematic.
- Charter Rights: Arrest must be based on reasonable grounds.
- Search and Seizure: Must have a warrant or reasonable grounds.
- Evidence: Charges should be supported by evidence.
Are you currently facing any court dates or have you been advised of your legal rights?
- Charter Rights: Arrest must be based on reasonable grounds.
- Search and Seizure: Must have a warrant or reasonable grounds.
- Evidence: Charges should be supported by evidence.
Are you currently facing any court dates or have you been advised of your legal rights?
I have court on Monday * / *
Based on the information provided, it seems that your Charter rights may have been violated. You might have a strong case to challenge the legality of the arrest and charges.
Would you like information on how to prepare for your court date or advice on finding a legal representative?
Would you like information on how to prepare for your court date or advice on finding a legal representative?
They also were in my house before they had their search warrant
It sounds like there may have been significant procedural issues with your arrest and the search of your home. Here are some key points:
- Charter Rights: Unlawful entry and search could violate your rights under the Canadian Charter of Rights and Freedoms.
- Search Warrant: A search without a warrant or reasonable grounds is typically not permissible.
Would you like guidance on how to find a legal representative or tips on preparing for your court date?
- Charter Rights: Unlawful entry and search could violate your rights under the Canadian Charter of Rights and Freedoms.
- Search Warrant: A search without a warrant or reasonable grounds is typically not permissible.
Would you like guidance on how to find a legal representative or tips on preparing for your court date?
When they charged me with possession there was also two other people there and they were let go cuz they found nothing in the car or on any of us but yet they still kept me under arrest and didn't charge me with anything else until I hit was at the police station that is that a breach of my rights too
From what you've described, there are several potential violations of your Charter rights. Here are key points to consider:
- Arrest: Arrest should be based on reasonable grounds.
- Charges: Charges should be supported by evidence.
- Search and Seizure: Entry and search without a warrant is typically unlawful.
Would you like further guidance on preparing for your court date or advice on finding a legal representative?
- Arrest: Arrest should be based on reasonable grounds.
- Charges: Charges should be supported by evidence.
- Search and Seizure: Entry and search without a warrant is typically unlawful.
Would you like further guidance on preparing for your court date or advice on finding a legal representative?
Yes I would like further guidance on how to prepare
To prepare for your court date:
- Document Everything: Keep detailed records of the events, including dates, times, and names of officers involved.
- Gather Evidence: Collect any evidence that supports your case, such as witness statements.
- Legal Representation: Consider hiring a lawyer experienced in Charter rights and criminal defense.
Would you like advice on finding a legal representative?
- Document Everything: Keep detailed records of the events, including dates, times, and names of officers involved.
- Gather Evidence: Collect any evidence that supports your case, such as witness statements.
- Legal Representation: Consider hiring a lawyer experienced in Charter rights and criminal defense.
Would you like advice on finding a legal representative?
Should they not have charged me with something else other than possession before they threw me in the back of the cop car and took me up to the RCMP station
It appears there may have been several procedural issues with your arrest, which could be potential violations of your Charter rights.
In general, police need reasonable grounds to charge someone with a crime. If they didn't find anything on you or in the car and later charged you with trafficking without proper evidence or a valid search warrant, this could be problematic.
Would you like advice on finding a legal representative to help you with your case?
In general, police need reasonable grounds to charge someone with a crime. If they didn't find anything on you or in the car and later charged you with trafficking without proper evidence or a valid search warrant, this could be problematic.
Would you like advice on finding a legal representative to help you with your case?
Sure
Finding a Legal Representative
To find a lawyer experienced in Charter rights and criminal defense:
- Law Society of Ontario: They offer a lawyer referral service.
- Canadian Bar Association: Provides resources and directories of lawyers.
- Local Legal Aid Office: They may offer assistance if you qualify.
Would you like more specific contact details or guidance on what to ask a potential lawyer?
To find a lawyer experienced in Charter rights and criminal defense:
- Law Society of Ontario: They offer a lawyer referral service.
- Canadian Bar Association: Provides resources and directories of lawyers.
- Local Legal Aid Office: They may offer assistance if you qualify.
Would you like more specific contact details or guidance on what to ask a potential lawyer?
Yes
Finding a Legal Representative
Law Society of Ontario- Phone: *-*-*-*
- Website: www.lso.ca
- Website: www.cba.org
- Phone: *-*-*-*
- Website: www.legalaid.on.ca
Would you like tips on questions to ask a potential lawyer?
I'm in Saskatchewan not Ontario
Thanks for providing all the details, ****. Here’s the information you need for Saskatchewan:
~ Law Society of Saskatchewan
- Phone: *-*-*-*
- Website: www.lawsociety.sk.ca
- Phone: *-*-*-*
- Website: www.lawsociety.sk.ca
~ Legal Aid Saskatchewan
- Phone: *-*-*-*
- Website: www.legalaid.sk.ca
Would you like tips on questions to ask a potential lawyer?
- Phone: *-*-*-*
- Website: www.legalaid.sk.ca
Would you like tips on questions to ask a potential lawyer?
Yes I would like tips or questions on questions to ask a potential lawyer
Here are some questions you might consider asking a potential lawyer:
*. Experience: How much experience do you have with cases involving Charter rights violations?
*. Strategy: What would be your approach to defending my case?
*. Fees: How do you structure your fees, and what can I expect in terms of total costs?
*. Case Evaluation: Based on the information I've provided, what are your initial thoughts on the strengths and weaknesses of my case?
*. Communication: How will we communicate throughout the case, and how often can I expect updates?
Would you like more tips on preparing for your court date?
*. Experience: How much experience do you have with cases involving Charter rights violations?
*. Strategy: What would be your approach to defending my case?
*. Fees: How do you structure your fees, and what can I expect in terms of total costs?
*. Case Evaluation: Based on the information I've provided, what are your initial thoughts on the strengths and weaknesses of my case?
*. Communication: How will we communicate throughout the case, and how often can I expect updates?
Would you like more tips on preparing for your court date?
Sure I'll take more tips on how to prepare for my case
To further prepare for your court date:
- Review Legal Documents: Ensure you understand the charges and any legal documents you’ve received.
- Practice Your Testimony: Rehearse your account of events.
- Familiarize Yourself with Court Procedures: Understand what to expect in court.
- Stay Organized: Keep all paperwork and evidence neatly organized.
Would you like further details on any of these tips?
- Review Legal Documents: Ensure you understand the charges and any legal documents you’ve received.
- Practice Your Testimony: Rehearse your account of events.
- Familiarize Yourself with Court Procedures: Understand what to expect in court.
- Stay Organized: Keep all paperwork and evidence neatly organized.
Would you like further details on any of these tips?
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