As per the Canadian Criminal Code, a justice of the peace or a judge can issue an arrest warrant against someone accused of an offence in Canada. Section 29 of the Criminal Code addresses arrest warrants in the following way:
“It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of
(a) the process or warrant under which he makes the arrest; or
(b) the reason for the arrest.”
To learn more about this topic, we will now provide answers to some frequently asked questions about arrest warrants in Canada:
What Are The Different Types Of Arrest Warrants?
An arrest warrant is a legal document that is endorsed by the justice of peace identifying:
- the accused’s name,
- the alleged offence,
- and the police officer’s authorization to arrest the accused and bring them in before the judge.
There are various kinds of arrest warrants a judge can issue in your name in Canada, including a bench warrant, surety warrant, and telewarrant.
How Can I Know If There’s A Warrant Out For My Arrest?
First, you can contact the police and determine if there’s an arrest warrant in your name. If you find out about your warrant while attending the police station, the police officer can arrest you and release you on the promise to appear. In other cases, they can also arrest and detain you until you get bail or bring you before the court of law.
It’s best to call an experienced criminal defence lawyer if you’re going to contact the police and create a risk of being arrested. They can inform you of your rights when contacting the authorities, and guide you about what you should do if there’s an arrest warrant against you.
You can also contact the criminal court clerk to know if there’s an arrest warrant in your name. They can inform you of the offence you’re being charged with and whether there’s a warrant for your arrest. You can be arrested by the police officer present at the courthouse in case of a warrant.
The best way to find out about your possible arrest warrant is by hiring a professional criminal defence lawyer, who can expertly investigate your legal matter on your behalf. They can also help you discharge your arrest warrant and avoid custody time while your legal issue is being resolved.
How Can I Get Rid Of My Arrest Warrant?
An arrest warrant in your name will never expire and continues to exist until you encounter the police, get arrested, and legally deal with the matter. The best way to get a warrant for your arrest lifted is by seeking the assistance of a dedicated criminal lawyer to determine the most appropriate course of action.
About Slaferek Callihoo
Slaferek Callihoo is a leading criminal defence law agency based in Edmonton, Alberta. We deal with the successful defence of different kinds of criminal cases in the utmost professional manner. Visit our website to learn more about our legal services or contact us for timely legal consultation.