Navigating a criminal charge is one of the most stressful experiences a person can face. At White & Jeet Law, we see how the decisions made in the first 24 to 48 hours following an arrest can dramatically alter the trajectory of a case.
1. DO Exercise Your Right to Silence / DON’T Try to “Explain” Your Way Out
The Rule: Under Section 7 of the Charter, you have the right to remain silent. You must identify yourself to the police (name, address and date of birth), but you are not legally required to answer investigative questions or provide a statement.
The Mistake: Many individuals believe that if they just explain their side of the story, the police will let them go. In reality, police officers are trained interrogators looking to gather evidence. Anything you say can and will be used against you in court to secure a conviction.
2. DO Request to Speak with a Lawyer Immediately / DON’T Proceed Without Advice from a Lawyer
The Rule: Section 10(b) of the Charter guarantees your right to retain and instruct defense counsel without delay. Upon arrest and detention, the police must inform you of this right and provide you with a reasonable opportunity to contact a lawyer in private.
The Mistake: Do not waive this right. Even if you believe you are innocent, consulting with an experienced criminal defence attorney is essential. They will advise you on how to handle the immediate situation and prevent you from self-incriminating yourself.
3. DO Follow Your Bail Conditions Strictly / DON’T Breach Any Court Orders
The Rule: If you are released on Judicial Interim Release (bail), you will likely have a set of conditions that you are required to follow. This can include curfews, no-contact with the complainants, or bans on alcohol and drugs.
The Mistake: Breaching bail is a separate criminal offence under the Criminal Code. A breach will not only result in new charges but can also lead to the revocation of your current bail. You must adhere to every single condition.
4. DO Document Everything Privately / DON’T Discuss Your Case on Social Media
The Rule: As soon as you are released, write down every detail you can remember about the incident, your arrest, and your interactions with the police. Give this document directly to your lawyer to establish solicitor-client privilege.
The Mistake: Do not post anything on Facebook, Instagram, Twitter/X, or any other social platform. Do not text your friends about the case. Seemingly innocent posts can be twisted to show guilt, lack of remorse, or a breach of a no-contact order.
5. DO Contact a Criminal Defence Firm / DON’T Attempt to Contact the Complainant
The Rule: Hire a legal team like White & Jeet Law to handle all communications regarding your case. We act as a shield between you, the police, and the Crown.
The Mistake: Never attempt to contact the complainant to “smooth things over” or apologize. This will almost certainly lead to immediate charges such as Obstruction of Justice, Intimidation of a Witness and/or breaching a no-contact condition. Even asking a third party (like a mutual friend) to pass along a message can result in a new charge for breaching a no-contact condition.
Summary of Post-Arrest Actions
| Action Type | What to Do | What to Avoid |
| Police Interactions | State your name, date of birth and address (when requested) and ask to speak with a lawyer. | Do not provide a statement or “tell your side.” |
| Bail & Release | Follow all conditions meticulously. | Do not test the boundaries or breach conditions. |
| Communications | Communicate strictly through your lawyer. | No social media posts; zero contact with the complainant. |
If you are facing criminal charges in Alberta, your immediate response can dictate your future. Contact White & Jeet Law immediately to ensure your rights are protected from the moment you are detained.
