What to Do in the First 24 Hours After an Arrest in BC
Being arrested is disorienting, even for people who have never been in trouble before. The first 24 hours matter because what you say, what you sign, and what you do next can affect release decisions, bail conditions, and the direction of your case.
Michael R. Shapray is a senior criminal defence lawyer with more than 25 years of experience defending clients facing serious allegations across BC. He leads Stern Shapray Criminal Lawyers and is known for strategic, court-ready advocacy on complex files, including assault, sexual offences, fraud, drug offences, and regulatory investigations.
If you need immediate advice after an arrest, contact Michael Shapray, criminal defence lawyer in Vancouver, BC to discuss the situation and the next steps.
This guide explains practical next steps after an arrest in British Columbia, including your rights, what police can ask, and how to protect yourself while the situation is unfolding.
1) Stay calm and confirm what is happening
If police tell you that you are under arrest or detention, keep your focus narrow. Do not argue about what happened, and do not try to “clear it up” in the moment.
If police tell you that you are under arrest or detention, focus on two things:
- Listen carefully to what you are being told.
- Do not argue the facts of the allegation on the street or in the police car.
In Canada, you have the right to be informed promptly of the reasons for your arrest or detention.
If you are unsure why you are being arrested, it is reasonable to ask: “What am I being arrested for?” Then stop talking.
2) Use your right to counsel immediately
One of the most important steps in the first 24 hours is to ask to speak with a lawyer right away. Section 10(b) of the Canadian Charter of Rights and Freedoms protects the right to retain and instruct counsel without delay and to be informed of that right.
A simple script is enough:
- “I want to speak to a lawyer.”
- “I will not answer questions until I have legal advice.”
Once you ask for counsel, police must provide a reasonable opportunity to contact a lawyer and, in general, questioning should stop until that opportunity is provided.
3) Do not explain yourself, even if you feel you have “nothing to hide”
Many people believe that if they are polite and cooperative, they can clear things up quickly. That instinct can be costly.
Police are trained to gather evidence. Anything you say can become part of the case later. Even small details can be misunderstood, taken out of context, or used to support a theory of events.
If you are asked questions, you can respond:
- “I am choosing to remain silent.”
- “I want legal advice before answering anything.”
Being respectful is fine. Providing a narrative is not required.
4) Understand the basics of police arrest authority in Canada
People often search Police procedure for arresting someone Canada because they want to know what rules apply and what happens next.
Arrest powers come from the Criminal Code and are limited by the Charter. Police may arrest without a warrant in certain situations, including where they find someone committing an offence, where they believe someone has committed or is about to commit an indictable offence, or where they believe an arrest warrant is already in force in their jurisdiction.
This does not mean every arrest is automatically lawful. It does mean you should treat the moment seriously and let your lawyer assess whether police acted within their legal authority.
5) If you suspect a warrant, treat it as urgent
If you are concerned about an outstanding warrant for arrest bc, understand that warrants are court documents authorizing police to arrest a named person. Warrants can arise for several reasons, including alleged failures to attend court or alleged breaches of release documents.
If you are arrested on a warrant, you still have Charter rights, including the right to be told why you are being arrested and the right to speak with a lawyer without delay.
If you learn there is a warrant, do not try to negotiate directly with police or “sort it out” yourself. Getting legal advice early can help you plan a controlled, safer approach.
6) Expect processing, paperwork, and decisions about release
After arrest, police may:
- transport you to a detachment for processing
- take your identifying information
- search you in certain circumstances (often described as search incident to arrest)
- decide whether to release you with conditions or hold you for a bail hearing
In BC, many people are released with documents that include conditions and a first court date. Those conditions can be strict and can affect your daily life immediately.
7) Read release conditions carefully and do not “guess” what they mean
If you are released by police, you may be given paperwork such as an undertaking or promise to appear. Conditions often include:
- no-contact orders
- restrictions from places (a home, workplace, neighbourhood, or entire city area)
- weapons prohibitions
- curfew or reporting requirements
Breaching conditions can lead to new criminal allegations and can make it harder to obtain release later. If you do not understand a condition, do not rely on assumptions. Get legal advice right away.
8) If you are held, know the 24-hour court rule
If police do not release you, the Criminal Code requires that you be taken before a justice without unreasonable delay and, if a justice is available within 24 hours, within that time period.
BC court guidance reflects this in plain language: if you are arrested and not released by police, you must be brought before a judge or judicial justice within 24 hours for a bail hearing (judicial interim release).
This is why contacting a lawyer early matters. Release planning often begins immediately.
9) Protect your case by controlling communications
In the first 24 hours, avoid the most common mistakes:
- Do not post about the incident on social media.
- Do not message the complainant or witnesses.
- Do not ask friends to “fix it” or pressure someone to change their story.
- Do not delete texts, photos, or call logs.
Those actions can create new problems quickly, including allegations of breach, obstruction-related concerns, or credibility issues later.
If you are permitted to call someone you trust, keep it limited to logistics:
- where you are
- how to contact a lawyer
- childcare, work notifications, medical needs
Avoid discussing the facts over the phone.
10) Start preserving helpful details in a safe, accurate way
When you are able, write down facts while they are still fresh:
- a timeline of events
- names and contact details for potential witnesses
- where you were and who was present
- any injuries, property damage, or other physical evidence
- relevant texts, emails, receipts, ride-share records, or photos
Do not edit or alter evidence. Preserve it. Your lawyer can advise what should be collected, how to store it, and what may be relevant.
11) Think ahead to bail and release planning
If you are held for court, a strong release plan can make a real difference. Depending on the allegations, this may involve:
- a stable address and routine
- proposed conditions that are realistic and easy to follow
- a suitable surety, if required
- work and community ties
- counselling or treatment supports, where appropriate
The goal is a plan that addresses the court’s concerns and reduces risk while you move through the process.
Talk to Michael R. Shapray as early as possible
If you or someone close to you has been arrested in Vancouver, Surrey, or elsewhere in British Columbia, get legal advice immediately. Early guidance can help protect your rights, avoid damaging statements, and build a clear plan for release and next steps.
Contact Michael Shapray to discuss what happened and get practical, defence-focused advice tailored to your situation.
This article is for general information only and is not legal advice. If you need advice about your specific situation, speak with a lawyer right away.
