What To Do If You Have Been Charged?
The period immediately following an arrest or criminal charge is often one of the most important stages of a case. Decisions made early can affect release conditions, the evidence available to the defence, and the options available as the matter progresses. If you have been charged with a criminal offence in Toronto or elsewhere in Ontario, there are several important considerations to keep in mind.
What To Do If You Have Been Charged?
Early legal advice can help you better understand the allegations, your rights, and the criminal court process. It also allows your lawyer to begin assessing the evidence, identifying potential issues, and developing an informed strategy from the outset.
Be Thoughtful About Communications
Statements made to police, complainants, witnesses, or third parties may later become relevant to a criminal proceeding. Before discussing the details of a case, it is often prudent to understand the potential legal implications.
Understand Your Release Conditions
If you have been released by the police or the court, it is important to carefully review and comply with any conditions that have been imposed. Failure to comply with release conditions may result in additional charges.
Preserve Relevant Information
Documents, messages, photographs, videos, and other information may become important as a case develops. Taking reasonable steps to preserve potentially relevant information can assist your lawyer in preparing an effective defence.
Understanding the Criminal Court Process
For many individuals, a criminal charge is their first interaction with the justice system. While every case is different, most criminal matters follow a similar path through the courts.
- Arrest and Release
A criminal case often begins with an arrest, summons, or appearance notice. Depending on the circumstances, an individual may be released by police or held for a bail hearing.
- Bail Hearing
Where an accused person is not released by police, the court will determine whether release is appropriate and, if so, under what conditions. Release conditions must be carefully followed while the case is ongoing.
- Disclosure and Early Case Assessment
As the matter proceeds, the defence receives and reviews the Crown's evidence. This stage often involves assessing the allegations, identifying legal and evidentiary issues, and evaluating potential defence strategies.
- Crown Pre-Trial
Many cases involve discussions between the Crown and the defence regarding the evidence, legal issues, possible resolutions, and the future direction of the case. These discussions can help clarify the issues in dispute and determine whether the matter can be resolved without a trial.
- Judicial Pre-Trial
Where appropriate, a judge may meet with counsel to discuss the issues in the case, the estimated length of the trial, potential admissions, and the prospects of resolution. Judicial pre-trials often play an important role in managing criminal proceedings.
- Resolution or Trial
Some matters are resolved through withdrawal of charges, diversion programs, peace bonds, negotiated resolutions, or guilty pleas. Where a resolution is not appropriate, the matter proceeds to trial, where the Crown must prove the allegations beyond a reasonable doubt.
Criminal Charges We Handle
We represent individuals facing a wide range of criminal charges in Toronto and throughout Ontario. While every case presents unique facts and legal issues, our approach remains the same: understanding the evidence, identifying the key issues, and developing a strategy tailored to the circumstances of the case.
Assault and Domestic Assault
Assault allegations often arise from conflicting accounts of events and can have immediate consequences for employment, family relationships, and personal reputation. We assist clients facing assault and domestic assault charges at every stage of the criminal process.
DUI and Impaired Driving
Impaired driving allegations can affect a person's ability to drive, work, travel, and maintain insurance coverage. We assist clients in understanding the evidence, the applicable legal requirements, and the options available to them.
Theft Offences
Theft-related allegations can range from shoplifting to more complex property and financial offences. These charges may carry consequences beyond the courtroom, including impacts on employment, professional licensing, and immigration matters.
Bail, Breach, and Failure to Comply Charges
Bail hearings and allegations involving breaches of release conditions frequently require immediate attention. We assist clients in addressing these matters and navigating the legal issues that arise at this stage of the process.
Uttering Threats
Threat allegations may involve verbal, written, or electronic communications and can arise in personal, workplace, or online disputes. We help clients understand the evidence, the legal requirements, and the options available to protect their rights.
Criminal Harassment
Criminal harassment allegations often involve repeated contact, following, or other conduct that causes someone to fear for their safety. We assist clients in understanding the allegations, the applicable legal framework, and the options available to them.
Our Approach to Criminal Defence
Total Defense Cases
55
Years Active
55
Success Rate
55
Criminal Defense Experts
55
- Evidence-Driven Analysis
Every case begins with a careful review of the facts and the available evidence. Understanding what can be proven—and what cannot—is often central to developing an effective defence strategy.
- Strategic Decision-Making
Criminal proceedings involve important decisions at every stage. We help clients understand their options, assess potential risks, and make informed decisions based on the specific circumstances of their case.
- Looking Beyond the Charge
A criminal allegation can affect more than the court proceeding itself. Employment, immigration status, professional licensing, business interests, and personal reputation may all be affected. We take these broader considerations into account when advising clients.
- Tailored Representation
No two cases are the same. We develop strategies that reflect the facts, evidence, legal issues, and objectives unique to each client.
Charged with a crime in Toronto?
- Protect your legal rights
- Avoid harmful mistakes
- Understand the criminal court process
- Receive immediate legal advice
- Build a defence strategy early
- Take action before the situation escalates
Frequently Asked Questions
Do I need a criminal lawyer if I have already been released?
Even if you have been released by the police, a criminal charge can have significant consequences. Early legal advice can help you understand the allegations, your release conditions, and the options available moving forward.
What should I do if I am contacted by the police?
The appropriate response depends on the circumstances. If police have contacted you regarding an investigation or allegation, obtaining legal advice before making important decisions can help you better understand your rights and obligations.
Can criminal charges be withdrawn?
In some cases, charges may be withdrawn, stayed, resolved through diversion programs, or addressed through other forms of resolution. Every case depends on its particular facts, evidence, and legal issues.
Will I have to go to trial?
Not necessarily. Many criminal matters are resolved before trial. Whether a matter proceeds to trial depends on the allegations, the evidence, and the circumstances of the case.
How much does a criminal lawyer cost?
Legal fees vary depending on the nature of the allegations, the complexity of the evidence, and the stage at which a matter is resolved. We discuss fees and the anticipated scope of work during the consultation process.
Legal Note: This page provides general legal information only and does not constitute legal advice. Child support obligations depend entirely on the facts of each case, including income, parenting time, the number of children, special or extraordinary expenses, and any existing court orders or agreements. A lawyer-client relationship is established only after a formal retainer agreement is signed.