Every week our staff, our legal assistants or our office managers, we get a phone call or our lawyers do and someone says there’s a warrant out for my arrest, what should I do? So we give some advice and basically I want to talk to you a little bit about that because it’s very common that the police will do an investigation and they can’t locate the person they don’t know where they are and they put a warrant out for the arrest. So that means obviously, that anywhere they find them they can arrest them now warrants for arrest, they have what’s called a radius in Canada.
So it’s a very minor matter. Like say a theft under charged with shop lifting charge, they’re going to put a narrow radius on it. There might be a radius of 50 or 100 kilometers beyond that, they’re not going to have you know, Edmonton police return someone from them into into Windsor, Toronto, for a 10 second 10 cent shoplifting charge, obviously, whereas with sexual assault or more serious charges, like serious drug cases, they’re gonna put a Canada wide warrant for you. So what do we say to people they say, Well, look you know, they say “I live in Kenora, there’s a warrant for my arrest in Windsor.”
That’s a minor charge and well, that’s up to them. I mean, that’s probably going to if it’s a minor charge it’s probably going to be a narrow radius. And I suppose the proper thing to do is just turn yourself in some folks, some won’t do that some will, they might be content to stay in Kenora knowing that they’re wanted for DUI in Windsor. Windsor police aren’t going to pay, the government is not going to pay to have them transferred back from Kenora in most cases, but if a sexual assault or something more serious for sure, they’re going to find them.
And what I say people “look, you know my advice, always to a person, you should turn yourself in at your earliest convenience. I always say to people look, it’s better to turn yourself in early in the week because if you’re if you’re going to have a bail hearing, and you don’t want it late in the week, because you might be held over the weekend, so always that’s a little tip turn yourself into Monday or Tuesday because if they don’t release you right away, at least you’ll get a bail hearing and get a chance to be released before the weekend and not spend a whole lot of time in jail. And the best advice I can give I have videos on this exercise your right to remain silent, once you turn yourself in politely just present yourself at the police station in say Toronto. I’m here I hear there is a warrant for my my rest okay, we’re placing you under arrest sir. They bring into this interview room let’s say a sexual assault.
First of all, you have a right to talk to a lawyer you can but I’m going to give you advice before that all lawyer is going to say to you, shut up. Do not talk to the police do not give them any statement at all. Don’t help them convict you don’t compromise your rights at your trial by giving a statement that’s only going to hurt you can never tell the same story the same way twice. There’s going to be an inconsistency and don’t help the police convict you. So that’s what happens and I swear to God, we get we get at least one or two people a week from across Ontario asking what to do. I always encourage them turn yourself in and you don’t want something hanging over your head for the rest of your life and running.
But frankly, if it’s a minor charge, it’s going to be very narrow radius. I mean our government doesn’t want to spend $5,000 transporting someone from Thunder Bay to Kitchener for a minor DUI necessarily. I can’t guarantee that for the case, but usually that’d be a much narrower radius. Whereas as you escalate charges, up to first degree murder it’s going to be obviously first Canada Wide most sexual assaults and any real serious charges are probably going to be Canada wide warrants. And you know what? You don’t want to be arrested out in British Columbia for sexual assault and they take their sweet time getting back to Toronto before you even have your bail hearing.
No, that’s not a very advisable thing. So you know, best thing to do is hey, get your get your act together and rurn yourself in. I encourage people to do that for any charge. Don’t let things hang over your head for the rest of life get to get it dealt with. If it’s a minor charge. It’s not the end of the world you know, you’ll get it dealt with and move on with your life.