If arrested by York Regional Police in Markham, clearly state that you wish to remain silent and immediately demand to speak with a criminal defence lawyer. Under the Charter of Rights and Freedoms, you are not obligated to answer police questions or provide a statement.
Seeing the flashing lights of a York Regional Police cruiser in your rearview mirror, or having officers show up at your Markham home, is incredibly stressful. In the heat of the moment, many people make the critical mistake of trying to “explain their way out” of an arrest. Unfortunately, anything you say will be recorded and heavily used against you in court.
Canadian law strongly protects citizens against self-incrimination. Knowing how to exercise your constitutional rights during an arrest can be the difference between having the charges dropped early and facing a severe conviction. This guide outlines exactly how to conduct yourself during police encounters, what your legal rights are, and the financial reality of retaining a lawyer in Ontario as of May 2026.
Step-by-Step Process During a Markham Arrest
How you handle the first few hours of a criminal investigation is vital. Regardless of whether you are entirely innocent or made a mistake, following these steps ensures that your defence lawyer has a clean slate to work with at the Newmarket courthouse.
Step 1: Exercise Your Right to Silence
Under Section 7 of the Charter, you have the absolute right to remain silent. When officers ask you where you have been, what happened, or if you know why they are arresting you, politely say: “I exercise my right to remain silent, and I will not answer any questions without a lawyer present.” 🗂 Do not lie; simply say nothing.
Step 2: Do Not Resist Arrest
Even if you believe the arrest is unlawful, do not physically resist, argue, or attempt to run away. Resisting arrest or assaulting a peace officer are separate criminal offences that will be laid against you, making your situation significantly worse. Allow yourself to be handcuffed peacefully.
Step 3: Demand to Speak to a Lawyer
Section 10(b) of the Charter guarantees your right to retain and instruct counsel without delay. Once you arrive at the local police station in Markham, demand to call a defence lawyer. The police must stop questioning you and provide you with a private telephone to make this call.
Step 4: Do Not Submit to Voluntary Searches
If the police ask to search your smartphone, your vehicle, or your home, explicitly state that you do not consent to any searches. While police can search your immediate person incident to arrest, they generally need a warrant to unlock your phone or search your property.
How Much Does Legal Representation Cost?
Securing a lawyer immediately after an arrest is crucial. While preliminary advice at the police station is often free, defending against the actual charges requires a retainer.
- Duty Counsel (Free): When at the police station, you can use a toll-free number to speak with Duty Counsel (a government-funded lawyer) at no cost for immediate, basic advice.
- Private Consultations: Many criminal defence firms in Markham offer a free 30-minute initial consultation after you are released to discuss strategy.
- Retainer Agreements: To hire a private lawyer for the duration of your case, you will need an upfront retainer. For summary convictions (minor offences), this is typically $2,000 to $5,000 CAD. For indictable offences (serious crimes), expect a retainer of $5,000 to $15,000+ CAD.
| Type of Legal Service | When It Is Used | Estimated Cost (CAD) |
| Duty Counsel Call | During the initial arrest at the station. | Free |
| Bail Hearing Representation | If held in custody for a court appearance. | $1,500 – $4,000 |
| Full Trial Defence | Taking the case to trial at Newmarket Court. | $3,500 – $50,000+ |
How Long Does the Process Take?
The immediate arrest process usually resolves within hours. If York Regional Police determine that you are not a flight risk and the crime is minor, they will release you on an Undertaking directly from the station within 2 to 6 hours. ⌛ This document will state your first court date, which is usually scheduled 3 to 6 weeks later.
If the charge is serious (like domestic assault or armed robbery), the police will hold you in a cell until you can be brought before a justice of the peace for a bail hearing, which by law must happen within 24 hours of your arrest.
Frequently Asked Questions (FAQ)
Do I have to identify myself to the police?
If you are driving a vehicle or are formally being placed under arrest, you must provide your true name, address, and date of birth. Lying about your identity is a serious criminal offence (Obstruction of Justice).
Can the police trick me into confessing?
Yes. Canadian law allows police officers to lie to you during interrogations. They might claim your friend already confessed, or that they have your DNA on file, to pressure you into talking. This is why remaining silent is critical.
Will my mugshot be released to the public?
For most standard offences, York Regional Police do not release your photo to the media. However, if there is an active warrant for your arrest or if you are deemed an ongoing threat to public safety, they may release a press bulletin.
What if the police didn’t read me my rights?
Unlike American television, failing to read your rights immediately upon handcuffing you does not automatically result in dropped charges. However, if your rights are severely delayed or denied, your lawyer can file a Charter motion to have any collected evidence thrown out of court.
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