Arrested - Now What?

So what actually happens if you are arrested?

Steps of Arrest

Police will tell you you're under arrest, and the charges. This is a good time for you or others to tell police if you have any physical limitations - such as a broken wrist, back injury, or are d/Deaf.
They will "secure you" by holding your arm or putting cuffs on you, and walking you to a police car.
There, they will read you your rights and ask whether you want to notify a particular lawyer, tell them you want to speak with duty counsel. If you haven't yet, let them know about any injuries or disabilities that you need accommodated.
They'll give you a pat down search, check your pockets, remove your backpack, wallet etc. and then put you in the police car.
They transport you to the police station. They may wait on site a bit to notify a parent.
At the police station, they will bring you inside to process you. A desk sergeant may ask you questions, like who your parents are, their phone numbers, or if you have any health problems. You do not need to answer these - it is up to you. The only information you need to provide police when under arrest is your name, date of birth, and address.
A police officer of the same gender may search you further. You may have your shoes, belts, or hoodie strings removed, or only be allowed one layer of clothing. You're then walked to your cell.
Police will contact your parents, and out you in touch with a lawyer. You are allowed to speak to your lawyer alone, and they cannot share any information without your permission. Police will decide whether they can and will release you to a parent or guardian, which avoids a bail hearing. You may be photographed and fingerprinted at this time, or told to come back later for it. If you don't come back when you're told to, police can arrest you on additional charges. If police want to ask you questions, you are allowed to have a parent or guardian present.
You are either released from the station to your parents, or held overnight in a call for your bail hearing. If you are arrested, you and/or your parents may need to sign conditions that you agree to. For example, a curfew, or not speaking to someone you know. After this, you will get to return home until a future court date. If you are kept at the police station, you will be alone in your cell and not with others. Police will regularly walk by to check on everyone. In major cities, cells often have toilets and sinks with water fountains inside them. You may have to request toilet paper. You should also get a blanket and a "meal". In Hamilton, this is usually a cheese or meat sandwich. The police station is made up of concrete, metal, and plexiglas so it can make noises much louder, and echo. They are often filled with bright lights, and everything is audio and video recorded.

When you are detained, you are then either released (unconditionally or under investigation) or arrested and charged. If you are charged, you will then be restrained, searched and read or rights then transported to a station. From there you are taken through intake and given a cell. Then you may be put into contact with your lawyer and either released on conditions or kept for bail. During this step you are likely to be fingerprinted and photographed. Next will be bail hearings where you will either be released or remanded.

Detention and Arrest Process

After you are detained you are either released (unconditionally or under investigation) or arrested and charged. If you are charged, you will then be restrained, searched and read or rights then transported to a station. From there you are taken through intake and given a cell. Then you may be put into contact with your lawyer and either released on conditions or kept for bail. During this step you are likely to be fingerprinted and photographed. Next will be bail hearings where you will either be released or remanded.

Racism and Ableism During the Arrest Process

Racism and ableism during the arrest process can be extremely dangerous to your health. Racism and ableism makes it much more likely that a racialized or disabled youth coming into contact with police in the first place - whether it is neighbours calling for "suspicious" or "violent" behaviour, a result of over-surveillance of marginalized communities, or police carding.

Racism and ableism during the arrest process can look like:

Police misinterpreting neurodivergent body language or behavioural episodes that result in an escalated and violent response
Police using inappropriate or dangerous methods of securing you for an arrest if you have mobility or body limitations, or physical disabilities. For example, handcuffing you to another prisoner if you only have one arm, or handcuffing you behind your back if you have reduced flexibility or ability to easily reach behind your back.
Police arbitrarily stopping and/or harassing youth who are racialized, demanding their information, and responding with force or arrest if you do not comply (even if it is your right to not comply)
Additional charges if you challenge police behaviour in any way
A greater level of base-line force during arrests for those who are racialized, and quicker use of force during escalated behaviours or non-compliance
The use of dehumanizing language
Police failing to explain your rights or charges properly, because they assume you can't comprehend - or police trying to trick you in to options and take advantage of a perceived lack of understanding
A higher likelihood that your case is referred for a bail hearing instead of being given a warning, or released from the police station
Police subjecting you to a more thorough search, or making you wear a paper gown instead of your own clothing, for "your own safety" if they believe you may hurt yourself while in custody, or assume you use substances

There are many other ways racism and ableism can manifest during a police response, many of them with the potential to be dangerous or life-threatening.

What's next?

Check out next steps around making bail, choosing a lawyer (or not), and court dates.

What to Expect

Lawyers