What Are Your Constitutional Rights?

When someone is arrested and accused of a crime, they have certain constitutional rights that must be respected. A qualified criminal lawyer, such as this Calgary criminal lawyer, can advise you of your rights and help protect them throughout the criminal justice process. They can also provide guidance on how to best prepare your defence if you choose to plead not guilty.

However, it's also vital to be aware of your constitutional rights if you're ever arrested so you can protect yourself before meeting with a licensed criminal lawyer. In this article, we'll discuss some of the most important rights you should keep in mind. Keep reading to learn more about your rights.

Your Constitutional Rights Upon Arrest

Being arrested in Canada does not mean that you're automatically guilty. There are several rights that you have when being arrested, which are designed to protect you from abuse and ensure that you're treated fairly.

The first thing to know is that you have the right to remain silent. You don't have to answer any questions the police ask you, and you can ask to speak to a lawyer. You also have the right to be told why you're being arrested.

You have the right to a lawyer, and the police must contact one for you if you can't afford one. The police can also question you without a lawyer present, but you have the right to stop the questioning at any time and speak to a lawyer.

These are just some of your rights when being arrested in Canada. Knowing these rights can help ensure that you're treated fairly and that your rights are protected.

Your Constitutional Rights Upon Being Charged

Everyone who is charged with an offence is entitled to rights that protect them. These rights are in place to protect you from abuse or unfair proceedings after you've been charged.

First, you have the right to a trial within a reasonable period. The Crown must try to resolve the case within a reasonable time frame. If the case is not resolved within a reasonable time, you can ask for a stay of proceedings. This means that the case will be thrown out and you'll be free to go.

You're also presumed innocent until the prosecutor proves that you're guilty. This means that the Crown has to prove that you're guilty beyond a reasonable doubt. In addition, you're entitled to be released on bail unless there's a valid reason to keep you in custody. After being charged, you can ask for a bail hearing to have a judge decide whether you should be released.

Moreover, you're entitled to a reasonable bail amount once you've requested this hearing. If you can't afford to pay the bail amount, you can ask for a hearing to have the amount lowered.

Constitutional Rights Upon Incarceration

Many people in Canada are not aware of their rights when it comes to being a prisoner. When a person goes to prison, they still have the right to decent living conditions while incarcerated. If authorities fail to support standard living conditions, including health and safety protection, they're failing to provide basic human rights.

Prisoners have the right to challenge the conditions of their confinement. This includes the right to adequate food, clothing, shelter, medical care, and personal safety. Prisoners also have the right to communicate with the outside world, which includes the right to have family visits and to send and receive mail. Prisoners have the right to practice their religion, as long as it doesn't interfere with the running of the prison.

These are just some of the rights that prisoners in Canada are entitled to. It's critical for all Canadians to be aware of these rights so that they can hold the authorities accountable if they're not being upheld. If your rights are infringed upon during incarceration, consider looking over these tips for suing a prison.

Understanding Your Rights

What are your constitutional rights? Altogether, they're important because they define what citizens can and cannot do, and they protect citizens from the government. In addition to the rights you have every day, you also have rights during an arrest, charge, and incarceration. So, remember these rights and work with an experienced criminal lawyer to ensure they're upheld.