Issue link: https://digital.canadianlawyermag.com/i/51536
you get proper legal understanding of what your situation is, and then we will give you practical advice on what to do next." Roots Gadhia, who also practises criminal law in Toronto, agrees. "Turning yourself in without fi rst speaking to a criminal lawyer is like going to a mechanic to get a root canal. Don't answer a single question on the phone; not even your address, date of birth, or something as innocuous as what type of car you drive. Even if they know this information, don't confi rm any of it at this point," she says. Instead, Band and Gadhia stress the best course of action is to ask for the offi cer's name, badge number, division information, and advise that you will be calling a lawyer. "You're entitled to be nervous and scared, but if you can maintain your composure and be civil and say, 'I'd like to speak to a lawyer,' it's for the best. Th e important thing to know is that you can do that, as opposed to hanging up the phone and packing your bags," says Band. Or going in blind with no legal guidance. And this rule of thumb doesn't change whether you're a teacher accused of a crime involving a student, a Bay Street broker facing a white-collar criminal allegation, a witness, someone innocent … or guilty. In these circumstances, in fact, everyone is equal with respect to what they have the right not to do. And you don't have to do what the police say — do what your lawyer says, notes Band. "Th at's the way we were raised, we trust that what sparked the call. "Th e goal of the police is to have you come in unprepared and interrogate you with 100-per-cent control of the knowledge, and you with very little," says Band. "Your lawyer will make the call and fi nd out everything "TURNING YOURSELF IN [TO THE POLICE] WITHOUT FIRST SPEAKING TO A CRIMINAL LAWYER IS LIKE GOING TO A MECHANIC TO GET A ROOT CANAL." police offi cers can help you," he says. "But they have a diff erent agenda when they think you're culpable." It may seem like obvious advice, but Band says in his experience he's found that the regular citizen with no prior brushes with the law on their résumé, and no association or union backing, typically "believes that if the police say, 'You have to come in,' that you have to come in. And they believe if the police say, 'We want to talk to you,' you have to talk to them. Many people don't call a lawyer." Or sometimes they'll call a lawyer and then ignore the advice. At the same time, Band stresses he's in no way suggesting people in this type of situation are free to ignore the call, erase the message, forget about it, and not go in at all. Chances are you'll be going in eventually — the police may get a warrant for your arrest, you'll have a tougher time getting bail, and you'll wonder, "Why on earth didn't I phone them back?" Turning yourself in gives you a leg up on bail, he says. Meanwhile, there are many scenarios that can play out when the call comes. Th e police can be as coy as they want and hold their cards close to the vest. Th ey can tell you up front you're the target of an investigation, or reveal nothing at all; no explanation. But, however tempting it might feel — especially if you believe you're innocent — to be a helpful citizen and thinking the truth will set you free, it could turn out to be the tip of the iceberg, especially if you don't know for you," Gadhia says. "If it's clear the police are just trying to get you to the station to get information and intend on arresting you regardless, then the lawyer can arrange for your surrender at a time when it means the least amount of time in custody, ensure that you understand not to give a statement, put the police on notice that you won't provide any information, and assist you in organizing your release either from the station or, if necessary, from court." Band says sometimes the end result may be the same, that you'll be advised by your lawyer to go in and talk to the police aſt er all, depending on the circumstances. But he notes that, like Gadhia, he almost always advises clients not to speak. While it could make the police more suspicious, "you have to be able to have a stiff upper lip and say, 'I'll have to just suff er through the police reaction to my silence and know one day I'll have my day in court.'" He adds that contrary to what is widely believed, your lawyer is rarely in the interrogation room with you. "It's not like on TV in the U.S. where the lawyer walks in and says, 'Th is conversation is over,'" says Band, adding the Supreme Court of Canada says police can keep asking questions and mislead, even if you've had legal advice. And Gadhia says it's important to remember that "every word, every sigh, every pause will be recorded." Meanwhile, Band says even if you believe you're guilty and want to unburden and confess, there is nothing to be gained by doing it immediately. In fact, "the benefi t is no less waiting a week or two and pleading guilty in front of the Crown attorney and a judge because you get credit in court for guilty pleas." At the end of the day, if you are going to be held for a bail hearing, Gadhia says, "It's important for your sureties to be prepared and properly interviewed before you surrender yourself. Th eir fi nancial documentation, deed papers, and identifi cation must be in order before they head to the courthouse to bail you out, or it could delay your release. Th ey should also be clear about their obligations to be your surety. "Surrendering yourself and getting bail is the most important part of the process," says Gadhia. "Everything turns on it. Going in strong, with solid advice, and following that advice can mean the diff erence between an acquittal and a conviction." 7