“What Should I Do If I’m Being Investigated by Police in Toronto?” – A Criminal Defence Lawyer’s Step-by-Step Guide

“Police left a card asking me to call them. They said they just want to talk. What should I do?”

A client called me last month. He came home from work to find a business card tucked in his door. It had an officer’s name, a badge number, and a handwritten note: “Please call me regarding an ongoing matter. It’s urgent.”

He was terrified. He had no idea what they wanted. He had done nothing wrong. His first instinct was to call immediately and clear things up.

I told him: Do not call them. Do not go to the station. Do not say a single word until we talk first.

Here is the hard truth that most people never learn until it is too late: Police do not invite you in for a chat because they are curious. They invite you in because they are building a case against you. They already suspect you of something. And anything you say will be used to try to convict you.

If you are being investigated in Toronto, your freedom depends on what you do – and do not do – in the next few hours. Let me walk you through exactly what you need to know.

Table of Contents

• Why Police “Just Want to Talk” (Spoiler: It’s a Trap)

• The Three Things You Must Never Do During an Investigation

• The One Thing You Must Do Immediately

• Your Rights Under Investigation (Even Without Arrest)

• The “Voluntary Interview” Lie

• What Police Can and Cannot Do During an Investigation

• Real Scenarios: When Investigations Become Charges

• How a Criminal Defence Lawyer Intervenes During an Investigation

• Frequently Asked Questions

• Why Costa Law Firm Protects You Before Charges Are Filed

Why Police “Just Want to Talk” (Spoiler: It’s a Trap)

I was a Crown Prosecutor. I worked with police every day. I know exactly what happens when an officer says “we just want to talk.”

Here is the truth: Police do not investigate innocent people by inviting them in for friendly conversations. They investigate suspects.

When an officer leaves a card or calls you, it means:

1. Someone has made a complaint about you, OR

2. You have been identified as a witness who may also be a suspect, OR

3. They have enough for reasonable grounds but want to see if you will confess

They are not trying to help you. They are trying to gather evidence. Every question they ask is designed to get you to say something incriminating – even if you are completely innocent.

I have seen innocent people destroy their own defence by “just explaining” to a friendly officer. Do not be one of them.

The Three Things You Must Never Do During an Investigation

If you learn you are under investigation by the Toronto Police Service, the RCMP, or the OPP, follow these three rules:

Never #1: Never speak to police without a Criminal Defence Lawyer present.
Not on the phone. Not at your door. Not at the station. Not “just to clear things up.” Nothing.

Never #2: Never consent to a search.
Police may ask: “Do you mind if we take a look around?” “Can we see your phone?” “Do you have anything we should know about?” Your answer is always: “I do not consent to any search. I want to speak to my Criminal Defence Lawyer.”

Never #3: Never destroy or delete anything.
Do not delete texts, emails, photos, or social media posts. Do not throw away receipts or items. Destruction of evidence is a separate criminal offence (obstruction of justice). Preserve everything. Your Criminal Defence Lawyer will tell you what is relevant.

The One Thing You Must Do Immediately

Here is the most important action you can take: Call a Criminal Defence Lawyer immediately.

Not tomorrow. Not after you “think about it.” Not after you speak to police. Now.

A Criminal Defence Lawyer in Toronto can:

• Determine whether you are actually a suspect or just a witness

• Contact the investigating officer on your behalf

• Advise you on whether to attend an interview (you almost never should)

• Submit a Glanbrook letter to the Crown to try to prevent charges

• Investigate and preserve evidence that supports you

The moment you learn of an investigation, the clock starts ticking. The window to prevent charges is often short. Call a Criminal Lawyer immediately.

Your Rights Under Investigation (Even Without Arrest)

Many people do not realize that you have Charter rights even before you are arrested. If you are detained (not free to leave), the following rights apply:

Right to remain silent (Section 7) – You never have to answer police questions, whether you are under arrest or simply detained.

Right to a Criminal Defence Lawyer (Section 10(b)) – Upon detention, police must inform you of your right to counsel and allow you to call a Criminal Lawyer.

Right against unreasonable search (Section 8) – Police cannot search you, your car, or your home without a warrant or your consent (never consent).

Right against arbitrary detention (Section 9) – Police cannot stop or hold you without reasonable grounds.

If police contact you but you are not under arrest, you are not detained. You can simply say: “I am not answering questions. I am leaving.” And you walk away.

But if they say “you are not free to leave,” you are detained. Invoke your right to a Criminal Defence Lawyer immediately.

The “Voluntary Interview” Lie

Police often say: “This is a voluntary interview. You are not under arrest. You can leave anytime. We just want to hear your side.”

This is one of the most dangerous traps in Canadian criminal procedure.

Here is what they do not tell you:

• Anything you say can be used against you – Even in a “voluntary” interview, your words become evidence.

• They are allowed to lie to you – Police can say “we have video” (even if they do not) or “your friend already confessed” (even if he did not).

• They are recording everything – Every word you say is being written down or recorded.

• “Voluntary” does not mean “helpful” – The purpose is to get you to incriminate yourself.

The only correct answer to a request for a voluntary interview is: “I will not be attending any interview. Please speak to my Criminal Defence Lawyer.”

I have never – not once – seen a voluntary interview help an accused person. I have seen hundreds of cases where it hurt them.

What Police Can and Cannot Do During an Investigation

Knowing the difference is critical. A Criminal Defence Lawyer can tell you whether police have overstepped their authority.

Real Scenarios: When Investigations Become Charges

Scenario 1 – The Neighbour Complaint:
Your neighbour accuses you of threatening him. Police call and ask you to come in to “give your side.” You go alone. You explain that the neighbour is lying because of a property dispute. Police note that you admitted to being angry. They charge you with uttering threats.

What you should have done: Remain silent. Call a Criminal Defence Lawyer. Your Criminal Lawyer contacts police, identifies the neighbour’s motive to lie, and submits a Glanbrook letter. Charges are never laid.

Scenario 2 – The Theft Investigation:
Store security calls police after you left without paying for an item (you forgot). Police attend your home and ask: “Can we come in and talk?” You let them in. You apologize and say it was an accident. Police charge you with theft under.

What you should have done: Say nothing. Do not consent to entry. Say: “I do not consent to any search. I am not answering questions. Please speak to my Criminal Defence Lawyer.” Your Criminal Lawyer negotiates diversion. No criminal record.

Scenario 3 – The Domestic Allegation:
Your ex-partner calls police and alleges assault. Police call you and ask you to come in. You panic and send your ex a text: “Why did you call the cops? I never touched you.” That text becomes evidence. Police charge you with assault and witness intimidation.

What you should have done: Do not contact the complainant. Do not speak to police. Call a Criminal Defence Lawyer immediately. Your Criminal Lawyer advises you on no-contact protocols and intervenes with police pre-charge.

In every scenario, the person who called a Criminal Defence Lawyer first had exponentially better outcomes than the person who tried to “handle it” themselves.

How a Criminal Defence Lawyer Intervenes During an Investigation

When you retain Costa Law Firm during the investigation stage – before any charges are laid – here is what we do:

Step 1: Intake and assessment
We listen to everything you know. What is the allegation? Who made it? What evidence exists? What evidence supports you?

Step 2: Contact the investigating officer
We call or email the officer. We identify ourselves as your Criminal Defence Lawyer. We ask: “What is the nature of the allegation? What evidence do you have?”

Step 3: Advise you on next steps
We tell you: Do not speak to anyone. Do not contact the complainant. Do not post on social media. Do not destroy anything.

Step 4: Investigate your defence
We collect evidence that supports you: texts, emails, witness statements, alibi evidence, character references.

Step 5: Submit a Glanbrook letter (pre-charge submission)
We write to the Crown Attorney explaining why charges should not be approved. We attach supporting evidence. We argue: no reasonable prospect of conviction, or prosecution not in the public interest.

Step 6: Negotiate with the Crown
If the Crown is considering charges, we negotiate. Often, we can persuade them to decline.

Step 7: If charges are laid anyway, we are ready
We already know the evidence. We already have your defence materials. We are months ahead of where you would be if you waited.

This is pre-charge intervention. It is the most powerful tool in criminal defence. And it only works if you call a Criminal Defence Lawyer before you speak to police.

Frequently Asked Questions

1. How do I know if I am under investigation?

You may not know for sure. Signs include: police contact you (call, card, visit), police contact your friends or family, you hear that someone made a complaint, police attend your home or workplace. If any of these happen, assume you are under investigation and call a Criminal Defence Lawyer.

2. Should I call the police back if they left a card?

No. Do not call them back. Do not respond. Call a Criminal Defence Lawyer in Toronto first. Your Criminal Lawyer will decide whether and how to contact the police.

3. Can police investigate me without my knowledge?

Yes. Police can investigate you without ever contacting you. They can interview witnesses, review video, collect forensic evidence – all without your knowledge. You may only find out when charges are laid or when they knock on your door.

4. What if I am completely innocent?

Then you have the most to lose by talking. Innocent people say things that sound guilty. Innocent people get nervous and contradict themselves. Innocent people are still convicted when their words are twisted. Silence protects the innocent most of all. Call a Criminal Defence Lawyer.

5. Can police search my phone during an investigation?

Not without a warrant or your consent. Do not consent. Do not unlock your phone. Do not give them your password. Say: “I do not consent to any search of my phone. I want to speak to my Criminal Defence Lawyer.”

6. How long does a police investigation take in Toronto?

Weeks to months, depending on complexity. The window for pre-charge intervention is often short – days or weeks. Call a Criminal Defence Lawyer as soon as you learn of the investigation.

7. Can a Criminal Defence Lawyer stop an investigation?

A Criminal Lawyer cannot “stop” police from investigating. But we can often persuade the Crown not to approve charges by pointing out weaknesses in the case. That is the goal of pre-charge intervention.

8. What if police want to search my home?

Do not let them in without a warrant. If they have a warrant, they are coming in whether you agree or not. Say: “I do not consent to this search. I am invoking my right to remain silent. I want to speak to my Criminal Defence Lawyer.” Then call your Criminal Lawyer immediately.

9. Should I answer questions if I am pulled over for a traffic stop?

For traffic stops, you must provide your license, registration, and insurance. You do not have to answer any other questions. If the officer asks “where are you going?” or “have you been drinking?” you can remain silent. Say: “I am not answering questions. Am I free to leave?”

10. What is the difference between being a witness and being a suspect?

Police may tell you that you are “just a witness.” This can change at any time. If you say something incriminating, you become a suspect. Always assume you are a potential suspect. Never speak to police without a Criminal Defence Lawyer.

11. Can I record my interaction with police?

In Canada, you can record your own interactions with police, but you must tell them you are recording. However, it is almost always better to say nothing at all. Your Criminal Defence Lawyer can advise on recording.

12. What if I already spoke to police without a Criminal Lawyer?

Call a Criminal Defence Lawyer immediately. We cannot erase what you said, but we can sometimes argue that your statement was not voluntary or that your Charter rights were violated. Do not speak to police again until you have a Criminal Lawyer.

Why Choose Costa Law Firm for Pre-Charge Investigation Defence

As a former Crown Prosecutor now practicing as a Criminal Defence Lawyer in Toronto, I know exactly how police build investigations. I know what they are looking for. I know where the weaknesses are.

I have intervened in hundreds of investigations before charges were laid. Many of those investigations never resulted in charges.

When you call us during an investigation, you are not a defendant yet. You are a person with rights. We intend to keep it that way.

We do not wait for the warrant. We do not wait for the arrest. We act immediately to protect you.

The Investigation Does Not Have to End in Charges

Police investigate thousands of people every year in Toronto. Only some result in charges.

The difference between those who are charged and those who are not is often simple: The ones who remained silent and called a Criminal Defence Lawyer first.

Do not be the person who thought they could talk their way out of it. Do not be the person who waited until the warrant was issued.

Contact Costa Law Firm immediately if you believe you are under investigation. We will assess your situation, contact police on your behalf, and fight to keep charges from ever being filed.

The knock on the door may be coming. Call us before it arrives.