Understand the charge. Prepare for what comes next.

A criminal allegation brings questions about your rights, your obligations and your future. Start with a conversation about the circumstances and the next court date.

Illustrative scene of a defence lawyer and client reviewing a case folder at a courthouse

Your circumstances.
A carefully prepared response.

Work, family, relationships and the future can all feel uncertain. Legal advice starts with the allegation and the person facing it.

Police have contacted you.

You may have been asked for an interview or learned of an investigation. Discuss what has happened and what is being asked of you before deciding how to respond.

Questions about police contact

Your routine has changed.

Conditions may affect where you live, who you contact or how you see your children. Understand the wording, follow the terms and ask about the proper route for a change.

Understanding conditions

There are decisions ahead.

Review the evidence, prepare for appearances and understand the consequences of the options being discussed. A clear explanation helps you take part in decisions about your case.

Questions about court

If you are arrested or detained, ask police to connect you with a lawyer or Legal Aid Ontario’s duty counsel service. For an upcoming court date, tell us the exact date when you contact the office.

The stages below describe a common path through an adult criminal case in Ontario. The order and work required vary; some matters resolve earlier, and others need additional hearings or steps.

One stage at a time.

Know the next step and prepare with advice.

  1. Release & conditions

    Review your papers, next court date and the conditions that apply while the case proceeds.

  2. First appearances

    Address representation, disclosure and next steps. Case-management court does not conduct trials.

  3. Evidence & preparation

    Review the Crown’s case, identify gaps and discuss your options with advice about the evidence.

  4. Resolution or trial

    Consider a resolution and its consequences, or prepare to have the evidence tested at trial.

  5. After the decision

    Understand the result, continuing conditions and what it means for your records, work and family.

A conversation.
A clearer picture.

You do not need to have everything in order before reaching out.

Have the essentials nearby.

  • Your next court date, court location and attendance instructions.
  • Release papers, court notices and any disclosure you have received.
  • Related family or child protection orders, and concerns about work, immigration status or professional obligations.
  • The questions you most need answered, including anything time-sensitive.

Leave room to discuss the work.

We will ask about your circumstances and lawyer availability. Your lawyer will explain the proposed assistance, what it covers and how fees and expenses will be arranged before work begins. Ask how updates will be shared and which decisions need your involvement.

Contacting the office does not confirm representation. Keep following existing dates and directions while arrangements are being discussed.

Understand more. Decide with advice.

Practical answers about adult criminal matters in Ontario. Your lawyer can explain how these points apply to you.

When police are involved

Getting advice before making decisions about the allegation.

Can I speak with a lawyer before I am charged?

Yes. You can seek advice when police ask to speak with you, when you learn about an investigation, or when you are unsure why you have been contacted. Explain what police have asked and whether you have been given a time to attend. A lawyer can help you understand your position before you decide how to respond.

What if I have been arrested or detained?

Ask to speak privately with a lawyer and tell police if you need help reaching one. The right to counsel generally includes a reasonable opportunity to obtain advice without delay. There are exceptions and specific rules, including in some roadside situations; the circumstances matter. Do not assume that asking for a lawyer means you will be released or that every investigative step must stop.

Justice Canada explains the right to counsel.

Do I have to answer questions about the allegation?

You can generally choose not to discuss the allegation with police. That does not remove duties that may apply in a particular situation, such as a driver’s obligation to provide required licence information. Ask for advice about your circumstances. Police may continue asking questions; getting advice does not mean a lawyer will automatically be present throughout an interview.

How can someone in custody reach legal help?

Ask police to contact your lawyer or Legal Aid Ontario’s Brydges duty counsel service. LAO provides this telephone advice to people who are arrested or detained, 24 hours a day, regardless of financial eligibility. This is an LAO service; it is separate from retaining HCLS for the ongoing case.

Find criminal legal help through LAO.

Conditions & everyday life

Understanding the terms that may affect your home, relationships and routine.

Is a bail hearing a decision about guilt?

No. Bail addresses whether a person will be released while the case proceeds, and on what terms. The court considers matters including attendance in court and safety. The rules and burden of proof depend on the charge and circumstances. A lawyer can discuss a proposed release plan and any role a surety may have.

Can release conditions be changed?

Sometimes, through the appropriate approval process. A court-issued release order and a police undertaking have different procedures, and the available route also depends on whether the Crown agrees. Bring the complete document to your lawyer and explain the practical problem. Keep following the existing terms until a change has been formally approved.

Can I respond if someone named in a no-contact condition contacts me?

The other person’s invitation does not itself change your conditions. Depending on the wording, a restriction can cover messages, social media and contact through another person as well as meeting face to face. Read any express exceptions with your lawyer and obtain advice before responding.

What if there is also a parenting or child protection case?

Give your lawyer all release documents and any related family or child protection orders. Parenting arrangements do not automatically override a criminal no-contact condition. Advice may need to be coordinated across the proceedings so that arrangements for children and communication follow the applicable orders.

Read about Family Law and Child Protection at HCLS.

Court & the decisions ahead

Making sense of the process without losing sight of your circumstances.

Will my first court appearance be the trial?

Usually not. An initial case-management appearance commonly addresses representation, disclosure and the next date. Read your paperwork and confirm whether you must attend in person or remotely. Do not assume your lawyer can attend without you; confirm the arrangement for that particular appearance.

What is disclosure, and why does it matter?

Disclosure is the case information the Crown must provide, subject to limits such as privilege. It may include statements, police notes, photographs or recordings. Your lawyer reviews the material, identifies gaps and considers how it relates to the charge. Further disclosure may arrive as the case develops.

What happens at a pre-trial?

A Crown pre-trial is a discussion about the case, which can include missing disclosure and possible resolution. A judicial pre-trial involves a judge and can also address trial preparation. These discussions do not guarantee an agreement. Their purpose includes identifying what needs to be resolved or decided.

Does every charge lead to a trial?

No. Depending on the evidence and circumstances, a case may resolve without a trial or proceed to trial. Neither route should be assumed at the outset. At trial, the Crown must prove the essential elements of the offence beyond a reasonable doubt; an accused does not have to prove innocence. Your lawyer can explain how the evidence and available options affect your decisions.

What should I understand before pleading guilty?

A guilty plea is an admission to the offence, with consequences that may reach beyond the sentence. It must be voluntary and informed. Discuss the evidence, the elements of the offence, the proposed outcome and the fact that a judge is not bound by the parties’ agreement. Tell your lawyer about concerns involving immigration status, professional obligations, employment or travel so appropriate advice can be arranged.

If a charge is withdrawn or I am acquitted, does every record disappear?

No conviction on that charge does not necessarily mean that all police records have been deleted. The type of record, the result and the kind of check being requested matter. Ask what information may remain and whether a separate record-destruction request is available. Do not assume deletion is automatic or guaranteed.

RCMP information about managing criminal records.

Starting with HCLS

The information that helps us discuss your matter and the work involved.

What should I have ready for the first conversation?

Have your release paperwork, court notices, next court date and any disclosure available. Note the court location and any related proceedings. You do not need a polished account before contacting us. Ask how to share sensitive documents and a fuller chronology securely.

How are scope and fees arranged?

Tell us the nature of the allegation, the court location, the stage of the matter and upcoming dates. We will discuss lawyer availability and the assistance you are seeking. Your lawyer will explain the proposed scope, fees, taxes and applicable expenses before you agree to the work. Ask what is included, what could require additional work and how you will be updated.

Can Legal Aid Ontario pay for my lawyer?

LAO offers different kinds of assistance, including duty counsel and certificates, with their own eligibility and coverage rules. Duty counsel assistance is not the same as full representation through trial. Check directly with LAO and confirm whether your chosen lawyer accepts a certificate covering your matter.

Check LAO’s current eligibility information.

What if my court date or another deadline is close?

Tell the office the exact date when you contact us, and keep following your current court directions and release conditions. Sending an enquiry does not confirm representation or change a deadline. If you cannot reach or retain a lawyer in time, contact the court or LAO about the available assistance; do not simply miss the appearance.

Still have a question? Contact HCLS or call (613) 519-4518.

Your next chapterstarts with a conversation.

You don’t need to have all the answers. Tell us where you are, and we’ll help you find a way forward.