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Charged, or someone you know
What happens at the first appearance sets the shape of everything after it.
Criminal Defence. Steady Advice From The First Call
Being charged is frightening, and the days that follow are full of paperwork, conditions and court dates nobody explained to you. This page sets out what actually happens next, what your rights are, and where a defence lawyer fits in.
Section 11(d) of the Canadian Charter of Rights and Freedoms presumes you innocent until proven guilty according to law. The Crown carries the burden of proof, and it must meet it beyond a reasonable doubt.
Criminal Defence
18Months
Jordan Ceiling, Provincial Court
30Months
Jordan Ceiling, Superior Court
24Hours
Outer Limit Before a Justice
12Months
Summary Charge Limitation Period
Quick Answer
What should I do if I have just been charged with a criminal offence in Toronto?
Say that you wish to speak to a lawyer and then stop answering questions. Section 10(b) of the Charter guarantees that right, and free duty counsel is available around the clock through Legal Aid Ontario. Read your release paperwork carefully, follow every condition exactly, note your first court date, and retain counsel before that date so disclosure can be requested.
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What Happens After a Charge
If you have been charged with a criminal offence, the most useful thing to know first is that nothing has been decided. A charge is an allegation. Section 11(d) of the Canadian Charter of Rights and Freedoms presumes you innocent until the Crown proves the case beyond a reasonable doubt, and the great majority of criminal charges in Ontario are resolved without a trial ever finding anyone guilty of the offence originally laid.
The second useful thing to know is that you are not required to explain yourself. Section 10(b) of the Charter gives you the right to retain and instruct counsel without delay and to be informed of that right. When you assert it, police must give you a reasonable opportunity to speak with a lawyer in private and must hold off on questioning you until you have had it. Free 24-hour duty counsel is available through Legal Aid Ontario. Using that right costs nothing and is not an admission of anything.
Most criminal matters in this province begin and end in the Ontario Court of Justice. More serious indictable matters, and matters where the accused elects trial by judge and jury, are heard in the Superior Court of Justice. Lexaltico LLP works with clients across the Greater Toronto Area from our downtown Toronto office and helps them understand where their matter sits, what the realistic range of outcomes is, and what has to happen between now and the end of the case.
THE ROUTE THROUGH COURT
From Arrest to Resolution
1
Arrest or summons
You are either released by police on an undertaking with conditions, released by the officer in charge, or held for a bail hearing. Section 503 of the Criminal Code requires that a person held in custody be brought before a justice within 24 hours, or as soon as possible where a justice is not available in that time.
2
Bail hearing, if you are held
Judicial interim release is governed by section 515. The default position is release on the least onerous conditions, and the Crown must show cause why detention is justified except in the reverse onus situations listed in section 515(6).
3
First appearance and disclosure
Your first date is administrative. No evidence is heard. Counsel obtains the Crown brief, which the Crown is obliged to provide under the disclosure duty confirmed in R. v. Stinchcombe: all relevant, non-privileged material in its possession, whether it helps or hurts the prosecution.
4
Crown pre-trial and judicial pre-trial
Counsel meets with the assigned Crown to test the strength of the case, raise gaps, and explore resolution. A judicial pre-trial follows, where a judge gives a candid view of the issues and helps narrow what actually needs to be litigated.
5
Election, plea and any pre-trial applications
For indictable offences, section 536(2) requires you to elect your mode of trial. Charter applications, for example under section 8 or section 10(b), are filed and argued before or at the start of trial.
6
Trial or resolution
The matter ends by withdrawal, a peace bond, diversion, a plea to a reduced charge, a trial acquittal, or a finding of guilt followed by a sentencing hearing.
Timelines matter. In R. v. Jordan, the Supreme Court of Canada set presumptive ceilings on the time between charge and the anticipated end of trial: 18 months for matters tried in provincial court, and 30 months for matters in superior court or tried in provincial court after a preliminary inquiry. Delay beyond the ceiling is presumptively unreasonable under section 11(b) of the Charter, subject to exceptional circumstances and to deductions for delay the defence caused or waived.
CLASSIFICATION
Summary, Indictable and Hybrid
Most offences you are likely to encounter are hybrid, meaning the Crown chooses whether to proceed summarily or by indictment after reviewing the file. That single decision shapes the maximum penalty, the court, the availability of a jury, and whether the charge can even be laid at all given the limitation period.
Feature
Summary conviction
Indictable
Usual court
Ontario Court of Justice
Ontario Court of Justice or Superior Court of Justice
Default maximum penalty
Two years less a day and a fine, unless the section says otherwise
Set by the individual section, from two years to life
Limitation period
Twelve months from the date of the offence under section 786(2), unless the parties agree otherwise
None
Right to elect a jury
No
Yes for most offences, under section 536(2)
Preliminary inquiry
Not available
Available only where the offence carries a maximum of 14 years or more
Appeal route
Superior Court of Justice
Court of Appeal for Ontario
Fingerprints and photographs
Taken where the Crown may proceed by indictment
Taken under the Identification of Criminals Act
Persuading a Crown to elect summarily is often a real and achievable defence objective, particularly for a first-time accused. It lowers the ceiling of exposure and it usually shortens the case.
WHERE CASES ARE WON
Charter Rights and Reasonable Doubt
Defences are not tricks. They are the ordinary application of rules that exist to keep the state within its limits. Section 8 protects against unreasonable search and seizure, which is why the grounds for a vehicle stop, a pat-down, a residential entry or a phone search are examined closely. Section 9 protects against arbitrary detention. Section 10(b) requires that the right to counsel be given meaningfully, not recited. Section 7 protects the right to make full answer and defence, which is the constitutional root of the disclosure obligation.
Where a Charter right has been breached, section 24(2) allows a court to exclude the evidence obtained if admitting it would bring the administration of justice into disrepute. R. v. Grant sets the three lines of inquiry a judge must weigh: the seriousness of the state conduct, the impact of the breach on the accused's Charter-protected interests, and society's interest in a decision on the merits. Exclusion is not automatic, and it is not the only remedy.
Many cases turn on far more ordinary things: an identification that was never reliable, a witness whose account changed, a continuity gap in an exhibit, an intent the Crown cannot prove, or a defence of consent, self-defence under section 34, or defence of property under section 35. Reasonable doubt does not require a competing theory. It requires only that the Crown's case fall short.
Practical note on talking to police
You must identify yourself when lawfully required to do so, and you must comply with a lawful demand such as a breath sample. Beyond that, you are entitled to decline to answer questions and to say that you wish to speak with a lawyer first. Officers may lawfully continue to ask questions after you have spoken with counsel; you may continue to decline to answer. Nothing about exercising that right can be used to suggest guilt.
OUTCOMES
More Than Guilty or Not Guilty
People often assume the only two endings are conviction and acquittal. In practice, Ontario courts resolve a very large share of matters through other routes. Charges are withdrawn where the Crown concludes there is no reasonable prospect of conviction. Diversion, sometimes called direct accountability or alternative measures under section 717, allows an accused to complete counselling, community service or a charitable donation in exchange for withdrawal. A peace bond under section 810 ends a matter with a promise to keep the peace and no finding of guilt.
Where a finding of guilt is unavoidable, a discharge under section 730 can still avoid a criminal record. An absolute discharge or a conditional discharge with probation results in a finding of guilt but no conviction registered. Under section 6.1 of the Criminal Records Act, the Royal Canadian Mounted Police must remove an absolute discharge from the automated records one year after the court decision, and a conditional discharge three years after. Beyond discharges, the sentencing options include fines, probation, conditional sentences served in the community, and custody.
Collateral consequences deserve attention early, not at sentencing. A conviction can affect permanent residence or a pending immigration application, professional licensing, employment screening, insurance, custody and access arrangements, and travel to the United States. Those consequences are relevant to how a case should be defended and to what resolution is acceptable, and they should be on the table from the first meeting.
SENTENCING
How a Sentence Is Arrived At
Section 718 of the Criminal Code sets out the purpose of sentencing: to protect society and contribute to respect for the law through denunciation, deterrence, separation of offenders where necessary, rehabilitation, reparation, and the promotion of a sense of responsibility. Section 718.1 states the fundamental principle, that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. Section 718.2 requires that a sentence be increased or reduced to account for aggravating and mitigating circumstances, that similar offenders receive similar sentences for similar offences, and that all available sanctions other than imprisonment be considered, with particular attention to the circumstances of Indigenous offenders.
In practice, sentencing submissions are where a defence lawyer's preparation is most visible to the client. The material that makes a difference is concrete: letters of employment, proof of counselling completed rather than merely arranged, restitution paid, character references from people who know the full circumstances, medical or psychological reports where relevant, and a clear account of what has changed since the offence. Where an accused is Indigenous, a Gladue report addresses the systemic and background factors the Code requires the court to consider.
Victim impact statements under section 722 are read and considered. A pre-sentence report prepared by probation services under section 721 is often ordered before a significant sentence. Both take time, and a sentencing date is frequently adjourned to allow them to be prepared properly, which is generally in everyone's interest.
COST AND ACCESS
Paying for a Defence and Legal Aid
Cost is a real concern and it should be discussed openly at the first meeting rather than left vague. In Ontario, the options are private retainer, a Legal Aid Ontario certificate for those who meet the financial eligibility criteria and whose charge carries a likelihood of imprisonment, duty counsel for assistance at court on a particular day, and self-representation. Duty counsel can help with bail, adjournments and simple resolutions but does not carry a file through to trial.
Private fees for criminal work are commonly structured as block fees for defined stages: a bail hearing, a resolution up to and including a Crown pre-trial, a one-day trial, a multi-day trial. That structure lets you know what a stage costs before it starts. Disbursements such as transcripts, expert reports and process servers are separate and are billed at cost. Under the Law Society of Ontario's rules, fees must be fair and reasonable and must be disclosed in a timely manner.
If you are not financially eligible for legal aid but cannot pay a full private retainer, say so. There are usually options, including limited scope retainers for a specific step such as a bail hearing or a Crown pre-trial. What is never in your interest is to go through a criminal case without any advice at all because the first quote was more than you expected.
WORKING WITH US
How Lexaltico Approaches a File
We start by getting you released on the least restrictive conditions available, then by getting full disclosure and reading it carefully. We tell you what we think the case is worth, in plain terms, including where it is weak for you. We do not predict outcomes, because no honest lawyer can. We do commit to explaining every decision that is yours to make, particularly the election, the plea and whether to testify.
Fees are discussed at the outset. Bail hearings and short matters are commonly quoted as a block fee. Trials are quoted by stage. If you may qualify for a Legal Aid Ontario certificate, we will tell you so.
Criminal matters at Lexaltico LLP may be handled by the firm or referred to experienced criminal defence counsel within our LexKonnect consortium, depending on the charge, the court and the trial schedule. Where a matter is referred, the arrangement is disclosed to you in writing before it takes effect and complies with Rule 3.6-6.1 of the Law Society of Ontario's Rules of Professional Conduct, which governs the sharing of fees on a referral. Your interests, not the referral, decide who should carry the file, and you are free to choose different counsel at any point.
Common Questions
Frequently Asked Questions
What should I do if I have just been charged with a criminal offence in Toronto?
Say that you wish to speak to a lawyer and then stop answering questions. Section 10(b) of the Charter guarantees that right, and free duty counsel is available around the clock through Legal Aid Ontario. Read your release paperwork carefully, follow every condition exactly, note your first court date, and retain counsel before that date so disclosure can be requested.
Does being charged mean I have a criminal record?
No. A charge is an allegation. A criminal record follows only from a conviction. There will be a police record of the charge and, in many cases, fingerprints on file, but those can often be addressed once the charge is withdrawn, stayed, or resolved by discharge or acquittal.
What is disclosure and when will I get it?
Disclosure is the Crown brief: the officer notes, witness statements, video, forensic reports and any other relevant, non-privileged material. R. v. Stinchcombe requires the Crown to provide it, including material that helps the defence. It is usually available at or shortly after the first appearance, and it often arrives in stages.
How long does a criminal case take in Ontario?
A matter resolved by diversion or withdrawal can finish in a few months. A contested trial in the Ontario Court of Justice typically runs closer to a year. R. v. Jordan set presumptive ceilings of 18 months from charge to the end of trial in provincial court, and 30 months in the Superior Court of Justice or after a preliminary inquiry.
Do I have to attend every court date myself?
Not always. For many administrative appearances, counsel can appear on your behalf under a designation of counsel filed under section 650.01 of the Criminal Code. You must attend your trial, your plea, your sentencing, and any date where the court specifically requires you.
Should I just plead guilty to get it over with?
Not before counsel has reviewed the disclosure. Guilty pleas are difficult to withdraw and carry consequences for immigration status, employment, licensing and travel that are often invisible at the time. A plea should only follow advice on the strength of the case and on every alternative, including withdrawal, diversion, a peace bond and a discharge.
What is the difference between the Ontario Court of Justice and the Superior Court of Justice?
The Ontario Court of Justice hears all summary conviction matters, bail hearings and most indictable trials before a judge alone. The Superior Court of Justice hears indictable trials where the accused elects a judge alone or a judge and jury, hears summary conviction appeals, and has exclusive jurisdiction over the most serious offences such as murder.
Can a criminal charge affect my immigration status?
It can. Under the Immigration and Refugee Protection Act, certain convictions make a permanent resident or foreign national inadmissible for criminality or serious criminality, and can affect citizenship applications and sponsorship. Tell your defence counsel about your status at the first meeting so the resolution can be structured with that in mind.
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“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
★★★★★
“I had the absolute pleasure of working separately with two lawyers from Lexaltico — Pooja Lassi and Matthew Ram — on different matters. The level of professionalism, expertise, and care demonstrated by each of them was consistently exceptional. They do not simply service your needs — they take the time to thoroughly understand your situation and proactively problem-solve.”
SJR
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Failure to commence proceedings within applicable limitation periods may permanently bar your claim. In Ontario, the general limitation period is two (2) years from discovery under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B. Seek legal advice promptly.
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What we collect
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Short, and written to be read rather than scrolled past.
The four things that matter most
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The difference is practical rather than technical. A page explaining that spousal support is
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Every limit on what this website tells you, and every thing it does not do, in one
place rather than in small print at the bottom of each page.
Before you rely on anything here
Four limits, and they matter in this order.
Not legal advice
Everything published on this website is general information. It is not legal
advice, it does not take account of the facts of any particular situation, and reading it does not
create a solicitor client relationship. Do not act, or decide not to act, on anything here without
speaking to a lawyer licensed in your jurisdiction about your own circumstances.
Jurisdiction
These pages describe the law of Ontario, and of Alberta only
where a page says so expressly. They do not describe the law of any other province, territory or
country. Law that looks similar across jurisdictions frequently is not.
Currency of the law
Each page states the law as at the review date shown on it. Legislation is amended and case law
develops. A page accurate when written may no longer be.
Generality
These pages describe how a rule usually works. That is not the same as how it applies to your
facts. The exceptions are where most real matters live, and a page written for a general reader
cannot tell you whether you are inside a rule or inside its exception.
If you contact us
If you are in danger
If you or a child are in immediate danger, call 911.
This website is not an emergency service. Enquiries sent through a form here are read during
business hours and a reply may take up to one business day.
Using this website, submitting a form, sending an email or speaking to us on the telephone does
not make us your lawyers. That relationship arises only when the firm has
confirmed in writing that it has agreed to act, a conflict search has been completed, and a
retainer has been signed.
Confidentiality of enquiries
Do not send confidential or sensitive information through this website or by email until we have
confirmed in writing that we can act for you. Information sent before that point is
not treated as confidential and may prevent us from acting for you, or for
someone else, in a connected matter.
Response times
We aim to reply within one business day. Contacting us does not guarantee a reply within any
particular period, does not oblige the firm to act, and does not stop, extend or satisfy
any limitation period, filing date or court deadline.
Our telephone line
Our line is answered 24 hours a day, every day of the year. Outside office hours calls are taken
by our intake service, who record your details and pass them to the firm. A lawyer responds during
the next business day, or sooner if the matter is urgent. Answering the telephone is not the same
as giving legal advice, and no relationship arises from that call.
Who we are and how we are regulated
Law Society of Ontario
Lexaltico LLP is regulated by the Law Society of Ontario under the
Law Society Act, R.S.O. 1990, c. L.8. All lawyers practising in
Ontario through the firm are members in good standing.
Law Society of Alberta
Alberta matters are handled by lawyers licensed with, and in good standing with, the
Law Society of Alberta. A lawyer licensed in Ontario is not thereby licensed in
Alberta, and the reverse is also true.
Immigration regulation
Immigration consulting is provided by Regulated Canadian Immigration Consultants
in good standing with the College of Immigration and Citizenship Consultants under the
College of Immigration and Citizenship Consultants Act, S.C. 2019, c. 29,
s. 292.
Lawyers, paralegals and consultants
Not everyone at the firm is a lawyer.
Licensed paralegals in Ontario may act only within the scope the Law Society
permits, which does not include most family, estate or criminal matters.
Immigration consultants are regulated by the College, not by a law society,
and are not lawyers.
Law clerks and managers support files but do not give legal advice.
Each page and biography states which applies. Ask at the outset who will handle your matter and
under which licence.
Languages
We serve clients in thirteen languages. Every page of this website is written and published in
English. Where anything is provided in another language, the English
version governs in the event of a difference. If you need an interpreter, tell us when
you book and we will arrange one.
Fees
The initial assessment
The complimentary 15 minute initial assessment is a brief introductory
conversation. It does not include a review of your documents and does not constitute
legal advice.
The firm charges a fee for substantive consultations, including in civil litigation,
criminal defence and immigration matters. The firm may waive that fee at its discretion.
Any fee is disclosed in advance and credited in full toward your account if you retain the
firm.
Referral fees
Where we refer a matter to another firm, including through LexKonnect, we comply with Rule 3.6-6.1 of the Law Society of Ontario’s Rules of Professional Conduct. Any referral fee is set out in the Law Society’s standard referral agreement, signed by you before the referral proceeds, and no fee is payable to us unless and until the receiving firm has been paid for its work. You are never obliged to accept a referral and are free to retain any firm you choose. No referral arrangement affects the independent professional judgment of any lawyer at this firm.
What is published on this site
Calculators and estimators
They produce estimates from what you type and cannot know the rest. They do not
account for the terms of your contract, statutory exceptions, or the discretion a court will
apply. Do not make a decision on a number produced by a calculator.
Past results
Any outcome described happened on its own facts, before its own decision maker,
under the law as it stood at the time. Past results do not predict or guarantee the result of any
other case.
Reviews and testimonials
Reviews shown here are written by third parties and published on platforms we do not control. Each
describes one person’s experience of one matter. They are not a promise, a
prediction or a guarantee about any other matter.
Links to other websites
This site links to regulators, courts, government sources, professional associations and social
platforms, all operated by others. We do not control them, we are not responsible for
their content or accuracy, and a link is not an endorsement.
Other notices
Limitation periods
Failure to start a proceeding within the applicable limitation period may permanently bar
your claim. In Ontario the general period is two years from discovery
under the Limitations Act, 2002, S.O. 2002, c. 24, Sched. B.
Shorter periods apply to many claims. Seek advice promptly. Nothing on this website extends a
limitation period.
Accessibility
We aim to meet the Accessibility for Ontarians with Disabilities Act
and WCAG 2.1 Level AA. If any part of this site prevents you from reaching us, telephone
+1 416 333 6200 or write to
hello@lexaltico.com and we will provide the information
in another format, at no charge.
