Arrest, detention and release
Arrest, detention & release
Arrest, detention and release are decisive steps. The first hours after an arrest often shape the entire file: statement to the police, imposed conditions, first appearance and negotiation of release.
Files handled by Me Daniela Velandia and Me Stéphane Pouyes.
Can VP Avocats help?
Yes. VP Avocats offers a 24/7 emergency line for people who have just been arrested, detained or facing an imminent appearance.
Situations and charges covered
- Person recently arrested by police
- Person in custody awaiting a first appearance
- First appearance and bail hearing
- Negotiation and challenge of imposed conditions
- Modification or easing of existing conditions
- Breach of conditions or undertaking
Similar situations not covered
- Detention files outside criminal law (immigration, civil mental-health)
- Representation of a victim seeking a civil protection order
What can happen next
- A person may be detained for investigative purposes: they are questioned at the police station, then released with conditions and a court date issued by the officer.
- Depending on the file, the officer may instead keep the person in custody after the arrest so that they appear before a judge within 24 hours and the Crown prosecutor's position on a release with conditions becomes known.
- In that second scenario the person absolutely needs a lawyer to negotiate a release plan. If the plan is refused, a bail hearing must be held.
- Patience is required: being in custody is stressful, but counsel must prepare properly to maximize the chances of release. The person may therefore remain detained for a few days while awaiting the hearing.
Evidence usually examined
- Documents given by police
- Communications and documents in your possession that may be relevant
- A detailed timeline of events, to the extent possible
Mistakes to avoid, immediate steps
- Giving a detailed statement to the police before consulting a lawyer
- Agreeing to conditions without understanding their real scope
- Underestimating even a minor-looking breach of conditions
- Waiting several days before retaining a lawyer
Our approach
We act quickly to protect your right to silence, prepare your appearance and put forward a release plan the court can rely on. A release plan may include a curfew, an obligation to live at a specific address, a third party acting as surety who deposits a sum of money, a monetary deposit by the accused, closed detox therapy where needed, restrictions on access to technology or on the driver's licence, outpatient therapeutic follow-up, no-contact orders toward the alleged victims, seizure of the passport, and an obligation to sign a register at a police station each week.
Case stages
- Emergency call, immediate situation assessment
- Assistance at the appearance within 24 hours and review of the Crown's position
- Preparation and negotiation of a release plan (surety, residence, undertakings)
- Bail hearing if the release plan is refused
- Ongoing review of conditions and modification applications when warranted
- Transition to the substantive defence once liberty is secured
Useful documents and information
- Report, undertaking or summons given by the police
- Contact information for a potential surety and stable residential address
- Proof of employment or studies if available
- Valid identification
Possible consequences
- The possible consequences depend on the charge, the facts and the particular situation. A lawyer can explain the applicable issues after reviewing the file.
Lawyers on this practice
Frequent questions
What happens in the first 24 hours?
The person may be questioned and then released with conditions and a court date, or kept in custody to appear before a judge within 24 hours. A lawyer should intervene quickly to protect their rights and prepare the appearance.
What is a release plan?
It is the set of guarantees offered to the court to obtain release: curfew, imposed address, surety with a monetary deposit, therapy, technology or driving restrictions, therapeutic follow-up, no-contact orders, seizure of the passport or signing a register at a police station.
Why doesn't the hearing take place immediately?
Because counsel must prepare seriously to maximize the chances of release. The person may remain in custody for a few days while awaiting the hearing.
Is a breach of conditions serious?
Yes. A breach can lead to new charges and jeopardize release. You should contact a lawyer before taking any questionable step.
This page is informational. It does not constitute legal advice and does not guarantee any outcome.
24/7 Emergency
A loved one is detained? Just arrested?
We intervene around the clock for arrest, detention and release hearings.