Being charged with a criminal offence is one of the most disorienting experiences a person can face. The consequences are serious: a criminal record can affect employment, immigration status, travel, and family. The system is fast-moving, technical, and unforgiving of mistakes. Most people who are charged have never been through the process before, and many do not know what to do in the first hours and days after a charge is laid.
The single most important step is to speak with a criminal defence lawyer as early as possible. The decisions you make in the first hours, what you say to police, whether you sign anything, how you handle the bail process, can shape the rest of the case. Even a brief conversation with a lawyer before you say anything substantive to police can make a significant difference to the outcome.
This guide explains what to do if you have been charged with a crime in Ontario, your rights under the Canadian Charter of Rights and Freedoms, how the criminal court process actually works, how bail is decided, what defences may be available, what a criminal lawyer costs, and how to find a criminal defence lawyer in the GTA who speaks your language. Nothing in this guide is a substitute for advice from a lawyer about your specific situation, and if you have been charged with a criminal offence you should consult a lawyer immediately.
The First 24 Hours: What to Do, and What Not to Do
If you have been arrested or charged with a criminal offence, the first 24 hours are critical. The actions you take, and just as importantly the things you avoid, can have a lasting effect on your case.
Exercise Your Right to Speak to a Lawyer
You have a constitutional right to speak to a lawyer without delay. The police are required to tell you about this right and to facilitate your contact with counsel. If you cannot afford a lawyer or do not know one, ask for duty counsel, a lawyer paid by Legal Aid Ontario who is available 24 hours a day for free legal advice over the phone. Do not waive this right. Speaking to a lawyer before saying anything substantive to police is one of the most important things you will do.
Exercise Your Right to Silence
You have the right to remain silent. You do not have to give a statement to police, and you do not have to answer questions about the alleged offence. You are required to identify yourself if asked, and there are some specific situations (like roadside breath demands during certain investigations) where limited cooperation is legally required. But beyond identification and any specific statutory obligations, you are not required to speak to police about the allegation. Police are trained to encourage statements. They may suggest that talking will help you, that they already know what happened, or that silence makes you look guilty. None of those things are true, and a statement made before you have spoken to a lawyer almost never helps your case.
Do Not Discuss the Case With Anyone Else
Do not discuss the allegation with friends, family members, co-workers, or anyone else other than your lawyer. Conversations with people other than your lawyer are not protected by solicitor-client privilege and can be ordered disclosed in court. Do not post about the matter on social media. Do not send messages about it. The only conversations protected by privilege are those between you and your lawyer.
Read Everything Before You Sign
If you are released by police, you may be asked to sign an undertaking with conditions: a promise to appear in court, not to contact certain people, to stay away from certain places, to abstain from alcohol, and so on. Breaching these conditions is itself a criminal offence. Make sure you understand exactly what each condition means and what you are signing. If anything is unclear, ask for clarification or wait until you can speak to a lawyer.
Your Rights Under the Canadian Charter
Anyone charged with an offence in Canada has rights guaranteed by the Canadian Charter of Rights and Freedoms. These rights apply regardless of citizenship, immigration status, or language. They are not optional and they are not earned. The state must respect them or risk having evidence excluded or charges stayed.
The Right to Counsel
Section 10(b) of the Charter guarantees the right, on arrest or detention, to retain and instruct counsel without delay and to be informed of that right. This is the foundation of a fair process. It is your right to call a lawyer before answering substantive questions. If you are not given a reasonable opportunity to do so, any statement you give may be excluded from evidence. For more on how the lawyer-client relationship is formalized, see our guide on retainer agreements in Canada.
The Right to Silence
Section 7 of the Charter protects the right to silence. You cannot be compelled to give evidence against yourself. The Crown must prove its case using evidence other than your forced statement. Choosing to remain silent cannot be used against you at trial.
The Presumption of Innocence
Section 11(d) of the Charter guarantees the presumption of innocence. You are presumed innocent until proven guilty according to law in a fair and public hearing. The Crown bears the burden of proving guilt beyond a reasonable doubt. You do not have to prove your innocence. You do not have to testify. You do not have to call any evidence at all.
The Right to a Fair Trial
You have the right to be tried within a reasonable time, to be informed of the specific offence, to have an interpreter if you do not understand the language of the proceedings, to a public trial, and to a trial by jury for more serious offences. The right to an interpreter is especially important and is discussed in the multilingual section below.
Understanding Criminal Charges in Canada
Not all criminal offences are treated the same way. The classification of the offence affects the procedure, the maximum penalty, and the strategic options available.
Summary Conviction Offences
These are the less serious offences. They are tried in the Ontario Court of Justice before a judge alone. The maximum penalty for most summary offences is two years less a day in jail and a fine. Examples include certain assaults and minor mischief charges.
Indictable Offences
These are the more serious offences. Examples include robbery, aggravated assault, sexual assault, and most drug trafficking offences. For most indictable offences, you have a choice (called an election) of being tried in the Ontario Court of Justice by a judge alone, or in the Superior Court of Justice by a judge alone or by a judge and jury. For the most serious offences such as murder, the trial must be in the Superior Court.
Hybrid Offences
Many offences in the Criminal Code are ‘hybrid’, meaning the Crown can elect to proceed summarily or by indictment. The Crown’s choice depends on factors including the seriousness of the alleged conduct, the accused’s record, and the desired range of available penalties. Common hybrid offences include assault, theft under $5,000, impaired driving, and uttering threats.
The Criminal Court Process, Step by Step
Criminal proceedings in Ontario follow a sequence of stages. Most cases are resolved before they reach trial, but understanding the full process helps you understand where your case sits and what comes next.
Step 1: First Appearance
Your first appearance is a brief administrative court date. The Crown provides initial disclosure (the evidence the Crown intends to rely on), and your lawyer arranges to receive any further material. You do not enter a plea at the first appearance. If you have not yet retained counsel, the matter will usually be adjourned to give you time to do so.
Step 2: Disclosure and Review
Your lawyer reviews the Crown’s disclosure: police notes, witness statements, video and audio evidence, expert reports, and any other material. This is the foundation of the defence. A careful disclosure review often identifies issues that affect strategy: Charter problems, weaknesses in the Crown’s case, evidence that may be excluded, and possible defences. This stage is where most strategic decisions get shaped. To get a better sense of what to expect at your initial meetings, see our guide to the first legal consultation and our list of questions to ask before hiring a lawyer.
Step 3: Crown Pre-Trial and Judicial Pre-Trial
Before a trial date is set, your lawyer typically meets with the Crown prosecutor to discuss the case. Many cases are resolved at this stage through withdrawal of charges, a peace bond, a guilty plea to a lesser offence, or a joint position on sentence. If the matter does not resolve, a judicial pre-trial is held with a judge to narrow the issues and confirm the trial estimate.
Step 4: Plea or Trial
If the case resolves through a plea, you appear in court, the Crown reads in the facts the parties have agreed to, and the judge imposes a sentence. If the case goes to trial, the Crown calls its witnesses, the defence has the opportunity to cross-examine and to call its own evidence, and the judge or jury decides whether the Crown has proven the charges beyond a reasonable doubt.
Step 5: Sentencing
If you plead guilty or are found guilty, the next stage is sentencing. The judge considers factors set out in the Criminal Code, including the seriousness of the offence, your degree of responsibility, your background, and the principles of denunciation, deterrence, rehabilitation, and restraint. Sentencing options range from absolute and conditional discharges (no criminal record in some cases) through suspended sentences, fines, probation, conditional sentences served in the community, and imprisonment.
Bail in Ontario
If you are not released by police after being charged, you will be held for a bail hearing, usually within 24 hours. Bail (formally called judicial interim release) is the process by which a court decides whether you can be released pending trial.
How Bail Works
At a bail hearing, the court considers three grounds: whether your detention is necessary to ensure you attend court (the ‘primary ground’), whether it is necessary for the protection or safety of the public (the ‘secondary ground’), and whether it is necessary to maintain confidence in the administration of justice (the ‘tertiary ground’). The Crown generally has the onus of showing why you should be detained, though for certain offences the onus shifts to the accused to show why release is appropriate (a ‘reverse onus’ situation).
Sureties and Conditions
Many bail releases involve a surety: a person who agrees to supervise you in the community and who pledges money that can be forfeited if you breach your bail conditions. Conditions commonly imposed include residing at a specific address, abiding by a curfew, abstaining from alcohol and non-prescribed drugs, not contacting certain people, and reporting to a bail supervisor. Breach of bail conditions is itself a criminal offence and is taken seriously by the courts.
Bail Review
If you are denied bail, your lawyer can apply for a bail review in the Superior Court. If your circumstances change, your conditions may also be varied on consent or by application. Bail is one of the highest-impact areas where having experienced counsel matters significantly.
Common Outcomes in Criminal Cases
Most criminal cases in Ontario do not end in a trial verdict. They resolve at one of several earlier points. The range of possible outcomes is wider than many people realize.
- Withdrawal of charges: The Crown decides not to proceed, often because the case is weak or further investigation has changed the picture.
- Peace bond (section 810): The charge is withdrawn in exchange for an agreement to keep the peace and follow conditions for up to a year. No conviction is registered.
- Diversion: For minor offences, the accused completes a program (counselling, community service) and the charge is withdrawn.
- Absolute discharge: A finding of guilt is registered, but no conviction is entered. After a year, no record of the discharge appears on a routine criminal record check.
- Conditional discharge: Like an absolute discharge but with a probation order. After three years, no record appears on routine checks.
- Suspended sentence with probation: A conviction is registered, but no jail time is imposed and the accused is supervised in the community.
- Conditional sentence: A jail sentence served in the community under strict conditions, available for certain offences.
- Custodial sentence: Time in jail or prison.
- Acquittal: After trial, the Crown has not proven the charge beyond a reasonable doubt.
How Much Does a Criminal Lawyer Cost in Ontario
Criminal defence fees vary widely depending on the complexity of the case, the number of court appearances, whether a trial is required, and the experience of the lawyer. For a detailed breakdown of legal fees generally, see our guide on how much a lawyer costs in Ontario. As a general overview:
| Type of Matter | Typical Cost Range |
| Simple charges resolved early (e.g., minor theft, mischief) | Low to mid four figures, often as a flat fee |
| Charges resolved at a Crown pre-trial without a trial | Mid four figures to low five figures |
| Matters proceeding to a one or two-day trial | Mid to high five figures |
| Complex or lengthy trials, including most serious indictable matters | High five figures to six figures |
Many criminal lawyers offer flat-fee arrangements for predictable stages of work (the bail hearing, the resolution stage, the trial) so you know the cost in advance. Always request a clear written retainer agreement before any substantive work begins. If you cannot afford private counsel, Legal Aid Ontario provides extensive criminal defence services to eligible low-income individuals, including duty counsel at every court and certificates for representation in more serious matters.
Why a Criminal Lawyer Who Speaks Your Language Matters
Criminal proceedings involve high-stakes communication at every stage. Police interactions, bail hearings, disclosure review, plea decisions, and trial all depend on you fully understanding what is happening and being able to communicate precisely with your lawyer. A misunderstood question during a police interview, a misinterpreted condition on a release order, or a missed nuance in a plea discussion can have lasting consequences.
You have a constitutional right to an interpreter in court if you do not understand or speak the language of the proceedings. But interpretation in the courtroom is not a substitute for being able to speak directly with your own lawyer in your first language. Strategy discussions, weighing of options, and the constant back-and-forth of preparing a defence require a level of communication that interpretation in formal settings cannot match.
A criminal defence lawyer who speaks your language can explain charges, disclosure, and strategic choices with the precision the matter requires. For a broader explanation of why language-matched representation matters, see our guide on how to find a multilingual lawyer in Toronto.
Lawyers Who Speak maintains criminal defence lawyers across many language communities. Our Language Guides explain the community context in each language, including Mandarin, Cantonese, Hindi, Punjabi, Tamil, Farsi, Arabic, Spanish, and French.
Criminal Charges and Immigration Status
If you are a permanent resident, refugee, or temporary resident of Canada, a criminal conviction can have serious immigration consequences in addition to the criminal penalty. Certain convictions can result in inadmissibility to Canada, loss of permanent resident status, or denial of citizenship applications. A criminal record can also affect future family sponsorship applications. In these situations, a criminal defence strategy often needs to be coordinated with immigration law considerations. The criminal disposition that minimizes jail time may not be the one that minimizes immigration risk, and vice versa. Make sure your lawyer knows your immigration status from the outset and can advise on, or coordinate with, an immigration lawyer where needed.
How to Find a Criminal Defence Lawyer in the GTA
There are several ways to find a criminal defence lawyer, especially if you need one urgently.
Lawyers Who Speak Directory
Lawyers Who Speak is a directory built to connect people with lawyers who speak their language. Every lawyer is verified through the Law Society of Ontario. To find a criminal defence lawyer, visit the main lawyers directory, filter by Criminal Law and your language, and narrow by location as needed.
Duty Counsel and Legal Aid
If you are at a police station or in custody, ask to speak to duty counsel. Duty counsel is available 24 hours a day and is free. At court, duty counsel is available for first appearances and bail hearings. For ongoing representation if you cannot afford a private lawyer, Legal Aid Ontario issues certificates that allow eligible accused persons to be represented by a private criminal lawyer paid through Legal Aid.
Law Society Referral Service
The Law Society of Ontario operates a referral service that can connect you with a lawyer for a short initial consultation. This is a useful starting point, though a directory like Lawyers Who Speak gives you more control over selecting a lawyer who fits your specific circumstances and language needs.
If You Are Unhappy With Your Current Lawyer
If you have already retained a lawyer and the relationship is not working, you have the right to retain a different lawyer. See our guide on how to switch lawyers mid-case for the practical steps and considerations involved. Changing lawyers mid-case is more sensitive in criminal proceedings than in many civil matters, particularly close to a trial date, so do so deliberately and with the new lawyer’s involvement.
Verify Before You Hire
Whoever you find, confirm they are currently licensed by the Law Society of Ontario. Every lawyer on Lawyers Who Speak is verified through a process anchored in the Law Society’s public records.
Preparing for Your Case
Once you have retained a lawyer, preparation becomes a shared task. Gathering relevant documents, identifying potential witnesses, writing down your recollection of events while it is fresh, and following your lawyer’s instructions about conditions and conduct all matter. Our general guide on how to prepare for a legal case sets out preparation steps that apply across most legal matters, including criminal proceedings.
Frequently Asked Questions
Do I have to talk to the police if I have been arrested?
No. You have the right to remain silent, guaranteed by section 7 of the Charter. You are required to identify yourself and there are limited specific situations (such as roadside breath demands) where particular cooperation is legally required, but beyond that you are not required to answer questions about the alleged offence. You also have the right to speak to a lawyer without delay before saying anything substantive. Exercise both rights. Even if the police suggest that talking will help you, a statement made before you have spoken to a lawyer almost never improves the outcome of a case.
Will I get a criminal record if I am charged with an offence?
Being charged does not, by itself, create a criminal record. A criminal record is created if you are convicted of an offence. Many criminal cases resolve without a conviction. The Crown may withdraw charges, a peace bond may be entered, or the court may grant an absolute or conditional discharge that does not result in a permanent record. Even where a conviction is registered, options like absolute and conditional discharges, suspended sentences, and record suspensions (formerly pardons) can affect what appears on a record check. For cost expectations as you weigh your options, see our guide on how much a lawyer costs in Ontario.
Can I get bail if I am charged with a serious offence?
In most cases yes, but bail decisions depend on the specific charge, your background, the strength of the Crown’s case, and the proposed release plan. The court considers whether your detention is necessary to ensure you attend court, to protect the public, or to maintain confidence in the administration of justice. For more serious offences and for some specific charges, the onus shifts to the accused to show why release is appropriate. A well-prepared bail plan, often including a surety who can supervise you in the community and specific conditions tailored to the concerns the court will raise, significantly improves the chances of release. Having experienced counsel at the bail hearing matters considerably.
What happens if I cannot afford a criminal lawyer?
If you have been charged with a criminal offence and cannot afford private counsel, Legal Aid Ontario provides free or subsidized legal services to eligible low-income individuals. Duty counsel is available 24 hours a day for advice over the phone and at court for first appearances and bail hearings. For ongoing representation in more serious matters, Legal Aid issues certificates that allow you to be represented by a private criminal lawyer who is paid through Legal Aid. Income eligibility limits apply. See our full guide to Legal Aid Ontario for eligibility details and how to apply.
How will a criminal charge affect my immigration status?
For non-citizens (permanent residents, refugees, work or study permit holders, and visitors), a criminal conviction can have serious immigration consequences in addition to the criminal penalty. Certain offences and certain sentences can result in inadmissibility, loss of permanent resident status, removal proceedings, or denial of citizenship and family sponsorship applications. The criminal disposition that minimizes jail time may not be the one that minimizes immigration risk. Tell your criminal lawyer about your immigration status from the very first meeting so the defence strategy can account for both consequences. In some cases, coordination with an immigration lawyer is necessary.
Find a Criminal Defence Lawyer in the GTA Who Speaks Your Language
A criminal charge is one of the most consequential events a person can face. The decisions you make in the first hours and days can shape the rest of the case. Having a criminal defence lawyer who can guide you through the process in your first language ensures that you understand your rights, the strategic choices in front of you, and the long-term consequences of every decision.
Lawyers Who Speak connects people across the GTA with verified, Law Society of Ontario-licensed criminal lawyers who speak their language. Search by language and practice area to find a qualified criminal defence lawyer near you.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Criminal law matters are highly fact-specific, time-sensitive, and the law can change. If you have been arrested or charged with a criminal offence, please consult a qualified criminal defence lawyer licensed in Ontario as soon as possible
