Arrested - Now What?

So what actually happens if you are arrested?

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. This is your moment to give them your lawyer's name. If you don't have a 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.
At the police station, they will bring you inside to process you. A desk sergeant may ask you questions about your phone number or if you have any health problems. You don't need to answer these - it's 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 should put you in touch with a lawyer. You are allowed to speak to your lawyer alone, and they cannot share any information with others without your permission. Police will decide whether they will release you on your own recognizance, which avoids a bail hearing but you will have to agree to follow certain conditions. If you disagree, you will be kept for 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.
You are either released from the station, or held overnight in a call for your bail hearing. If you're 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. Depending on where you are kept, you may hear other people being held at the police station too. Some of them may be upset and crying, or angry - or mistreated by police - which can be upsetting to you. The police station is made up of concrete, metal, and plexiglas so it can make noises much louder, and echo. They are also often filled with bright lights, and everything is audio and video recorded. You will have a bail hearing in the morning. For more about bail hearings, see our section on bail hearings.

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 don't 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