Legally, the police can arrest you if they have reasonable grounds to believe you committed a criminal offence, even if you did not. This means they have some evidence that you committed the offence, but it does not necessarily mean they have enough evidence to bring the case to trial or for you to be convicted.
For you to be convicted of a criminal offence, the Crown must prove beyond a reasonable doubt that it was you who committed the offence. This is a high standard of proof. If you didn’t commit the offence, it will be difficult for the Crown to meet their evidentiary burden.
If you are arrested, you may be held in jail if the crime is very serious and/or the Crown thinks you are a flight risk. The strength of the evidence against you is generally not considered when making this decision. If you have a criminal record and/or are on a release order from a prior offence, this may cause you to be held in jail rather than released.
If you have been arrested and charged with a criminal offence, contact a lawyer as soon as possible. They can help assess the strength of the Crown’s evidence against you and outline possible next steps. Call us for free at (905) 541-2228 available 24/7 or fill out our consultation form.