If you're ever stopped or taken into custody by police in Winnipeg, one of the most important things to understand is how long you can legally be held without a charge. Under Canadian law, including in Manitoba, there are strict limits on how long a person can remain in detention without formal charges being laid. But these situations can feel overwhelming, especially if you're unsure of your rights or what's considered lawful police conduct.
This guide explains everything so you know where you stand and when you should seek legal help.
What Happens During a Police Arrest?
When a police officer detains or arrests someone, it usually starts with what they believe to be probable cause. This could be anything from suspicious activity to being linked to a crime. However, under Canadian law, they can't just detain someone indefinitely without cause.
Right after an arrest, you have the right to know why you're being detained, the right to remain silent, and the right to speak with a lawyer. These rights apply the moment your detention begins.
How Long Can You Be Held in Police Detention Without Charges?
In Winnipeg—and across Canada—the general rule is that police can only hold someone for up to 24 hours before they must either lay a charge, release the individual, or present them before a court for a bail hearing. Keeping someone in detention longer than this without cause would violate their legal rights.
However, the timeline can shift slightly in some situations:
- On weekends or holidays, the court may not be in session, which could delay proceedings.
- If the police can show there's a valid legal reason, such as gathering more evidence tied to probable cause, a judge might allow a more prolonged hold.
- Indefinite detention without charge is only allowed in extremely rare national security cases, not standard criminal matters.
What Counts as Probable Cause?
Probable cause means there's a reasonable basis to believe a crime has occurred, and the person detained may be involved. It's what gives officers the legal authority to make an arrest or initiate detention. But it’s not a guarantee that a charge will follow. If no real case develops, you must be released.
Remember, the police must act reasonably and follow due process. Detaining someone without probable cause or delaying charges unnecessarily can be challenged in court.
What Are Your Rights While in Detention?
Knowing your rights during detention is critical. You have the:
- Right to know why you're being held.
- The right to speak with a criminal defence lawyer.
- The right to remain silent.
- The right to a timely bail hearing if a charge is laid.
Any violation of these rights can be used as grounds for a legal challenge—or even the dismissal of your case.
What Happens After You're Charged?
Once a charge is laid, the case moves into the pre-trial and trial stages. Depending on the seriousness of the criminal offence, you might be:
- Released with a court date.
- Held in detention pending bail.
- Brought directly to a court hearing.
The path forward depends heavily on your case, your background, and the nature of the alleged offence.
Can You Be Held Indefinitely?
In regular criminal proceedings, indefinite detention is not allowed. The law is clear: The police cannot hold you without timely action. Any officer who does so must justify it legally, and failure to do so could result in the case being thrown out.
Talk to a Criminal Defence Lawyer in Winnipeg
If you've been arrested or detained or fear you might be soon, your first move should be to contact a skilled criminal lawyer. At Daniel Wolson, we specialize in protecting the rights of people facing criminal charges in Winnipeg. Whether you've just been taken into detention or you're already facing a trial, our team is ready to fight for your freedom.
So, how long can you be held without charges in Winnipeg? Generally, no more than 24 hours. After that, the police must either release you or take you to court. If your detention lasts longer without valid probable cause, your legal rights may have been violated.
Don't face it alone. Call Daniel Wolson, who understands the system and knows how to defend your case from the moment you're detained.
