Top Questions of Criminal Law

Criminal Law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one’s self.

1- What happens if you are arrested but not charged?
Whether someone is charged while they are still in custody is a decision made by a prosecutor. A prosecutor may decide not to charge a person right after they are arrested. If they are not charged within this time period, (even if they are guilty), they cannot be convicted of the offense.

2- What is the difference between arrested and charged?
* Arrested — This means that you were taken in to custody by the police. … Someone who is arrested is not necessary charged with a crime.
* Charged — Once you are in the custody of the police, the prosecutor’s office (aka state attorney, district attorney) will decide whether to charge you.

3- What are your rights when arrested in Canada?
The Canadian Charter of Rights and Freedoms establishes a number of rights to protect individuals who are arrested or detained by police. The right to remain silent when questioned by the police. The right to be told why you have been arrested or detained. The right to be told that you can hire and instruct a lawyer.

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