Legal Question in Criminal Law in Canada

i have a warrant in halifax that does not have transportation on it, i now live in newfoundland and the rcmp here told me that i should go back and deal with it but did not arrest me can i get arrested for this?


Asked on 1/12/10, 10:59 am

1 Answer from Attorneys

Kenneth Golish Golish, Kenneth W.

Typically, a police service will set a radius limit for a warrant, for instance, 200 km, province-wide or Canada-wide. The more serious the charges, the wider the radius for the warrant.

You can be arrested on a warrant anywhere in Canada nothwithstanding the radius limit.

The limit is only for the purposes of information to police agencies. When a person is arrested or stopped outside the limit, the issueing agency will be informed of the contact and can still decide to bring him or her back to the jurisdiction. In your case, the Halifax police do not want to incur the expense of going to Newfoundland and the Newfoundland police do not want to incur the expense of transporting you to Halifax.

With an outstanding warrant, there are risks: You could still be arrested. If you are arrested on the something else, the outstanding warrrant will hurt your chances to get bail on the new charges. Finally, you could risk delaying the inevitable and your ability to manage the circumstances of the defence of the charges.

If you think it is probable that you will be found guilty of those charges, you do not necessarily have to travel to Halifax to do that. You might be able to enter a plea in a Newfoundland court, so talk to a Newfoundland lawyer. However, if you want a trial, you will have to go to Halifax for that. Talk to a lawyer in Halifax of Newfoundland first.

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Answered on 1/13/10, 5:39 am


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