The most important thing you need to know if you have been charged with a criminal offence is that under the Canadian Charter of Rights and Freedoms you have a right to silence. You not have to say anything to the police to help them with their investigation.

What you must remember is that from the first moment the police talk to you, they will be looking for evidence to use against you to present to the Court at trial. Anything you say to the police can end up being used against you in court.

So what happens if you say something to the police that hurts your case?

In some circumstances it is possible to have the evidence excluded. If the police have violated your Constitutional Rights under the Canadian Charter of Rights and Freedoms, then your incriminating statements may be excluded from the evidence.

In other words, if you say something that can hurt your case, but the court decides that your right to remain silent was violated, the Crown lawyer will not be able to present the evidence from your statements to the judge or jury at your trial.

If it is relevant in your case, we will investigate and consider if there are any grounds to raise this defence on your behalf.