Legal rights during a police arrest for assault in Alberta

What Happens When You’re Arrested for Assault

The arrest process typically follows several key steps:

1. Police Approach or Detain You

An officer may approach you based on a complaint, witness statement, or observed incident. If they believe an assault has occurred, they may detain you temporarily to investigate further.

2. You Are Informed of the Reason for Arrest

Under the Canadian Charter of Rights and Freedoms, the police must tell you why you are being arrested. They are required to clearly state the specific charge, such as “assault,” “assault causing bodily harm,” or “aggravated assault.”

3. You May Be Searched and Handcuffed

After being arrested, the police have the right to search you for weapons or evidence related to the alleged offence. This is standard procedure and intended for officer safety. You may also be handcuffed during transport, even if you are cooperating.

4. You Are Taken to a Police Station for Processing or Questioning

Once transported to the station, your personal details and fingerprints will be recorded. You may be photographed and placed in a holding cell while officers complete the paperwork or await instructions from the Crown prosecutor regarding potential release or bail conditions.

Your Legal Rights during an Arrest in Alberta

The Right to Be Informed of the Reason for Arrest

When police arrest you, they must clearly explain why you are being detained. This includes specifying the nature of the assault charge — for example, “common assault,” “assault causing bodily harm,” or “aggravated assault.” Officers must also identify themselves and state that you are under arrest. This right ensures transparency and gives you the opportunity to understand and respond appropriately to the charge.

The Right to Remain Silent

You have the right to remain silent under section 7 and section 11(c) of the Charter. Other than providing your name and basic identification details, you are not obligated to answer any police questions.

The Right to Speak to a Lawyer without Delay

After your arrest, you have the right to contact a lawyer immediately — this includes both private counsel and duty counsel through Legal Aid Alberta if you cannot afford one. Police must provide you with access to a phone and ensure the conversation is private.

A Calgary assault lawyer can explain the charges, help you understand what to say or avoid saying, and guide you on how to proceed before making any statements. Legal advice at this early stage is crucial to avoid mistakes that could negatively affect your case.

The Right to Reasonable Bail

If you are charged with assault, you generally have the right to reasonable bail under section 11(e) of the Charter. In Calgary, bail hearings are usually held within 24 hours of arrest. A justice of the peace or judge decides whether you can be released before trial and under what conditions — for example, restrictions on contact with the complainant or travel limitations.

The Right to Be Free from Unreasonable Search and Seizure

Section 8 of the Charter protects you from unreasonable search and seizure. Police officers must have lawful grounds such as a warrant or clear evidence of an offence — to search your person, vehicle, or home.

What You Should and Shouldn’t Do During a Police Arrest

What You Should Do

Stay calm and respectful.

Even if you believe the arrest is unfair or mistaken, remain calm. Arguing or acting aggressively can escalate the situation and lead to additional charges such as resisting arrest or obstruction of justice. Cooperating politely demonstrates maturity and respect for the legal process.

Ask if you are under arrest.

You have the right to know your legal status. If you are merely being detained, you may not be formally charged yet. Asking this question clarifies whether you are free to leave or if the police intend to take you into custody.

Exercise your right to silence.

Anything you say can be used against you. You are only required to provide your name and basic identification information. Beyond that, it’s safest to remain silent until you speak to a lawyer. Politely say, “I wish to remain silent until I speak with my lawyer.”

Request to speak with a lawyer immediately.

Contact a Calgary assault lawyer as soon as possible. A lawyer can explain your rights, review the arrest procedure, and advise you on whether to cooperate or remain silent. Legal counsel ensures you do not unintentionally harm your case during questioning.

What You Shouldn’t Do

Don’t resist arrest or argue with officers.

Even if you feel wrongly accused, resisting arrest or physically pulling away can result in more serious charges. Stay composed and let your lawyer handle any complaints about police conduct later.

Don’t volunteer unnecessary information.

Avoid trying to “explain your side” at the scene or during questioning. Police may interpret your words differently or take them out of context. Wait until you have legal advice before providing any statements.

Don’t attempt to destroy evidence or contact alleged victims.

Deleting messages, throwing away items, or reaching out to the alleged victim can lead to obstruction or witness tampering charges. These actions can severely damage your defence and credibility in court.