40+ Years of Criminal Law Experience
Complete Guide to Criminal Charges in Ontario
Criminal Charges in Ontario: What Happens From Arrest to Resolution
Facing criminal charges can feel overwhelming, especially if this is your first time dealing with the justice system. Many people are unsure what happens after an arrest, what their rights are, or how the court process works.
This guide explains the criminal process in Ontario step by step, from investigation and arrest through bail, court appearances, trial, sentencing and appeals.
If you have been charged or believe charges may be coming, speaking with a criminal defence lawyer early can make a significant difference.
1. Investigation and Police Contact
Not every criminal case begins with an arrest. In many situations, police may contact a person to request a statement or invite them to attend the station. It is important to understand:
- You are generally not required to give a statement to police
- Anything you say may later be used in court
- Speaking before obtaining legal advice can affect your defence
If police contact you regarding an investigation, seeking legal advice immediately is strongly recommended.
2. Arrest or Summons
Arrest
Police may arrest an individual if they believe there are reasonable grounds that an offence occurred. After arrest:
- the person is informed of the charge
- they are advised of their right to counsel
- they may be released or held for a bail hearing
Summons or Appearance Notice
In less urgent situations, police may issue paperwork requiring the accused to attend court at a future date rather than arresting them.
3. Bail Hearing (Judicial Interim Release)
- whether the accused will be released before trial
- what conditions may apply
- whether a surety is required
Common bail conditions may include:
- reporting requirements
- restrictions on travel
- no-contact orders
- residence requirements
Preparation for a bail hearing is often critical, as release decisions can affect the entire course of the case.
4. First Court Appearance and Disclosure
After release or summons, the accused must attend their first court appearance. At this stage:
- the Crown provides disclosure (evidence gathered by police)
- future court dates are scheduled
- the defence begins reviewing the case
Disclosure can include:
- witness statements
- police notes
- video or audio evidence
- forensic reports
Careful review of disclosure is a key step in building a defence strategy.
5. Case Resolution Discussions
Before trial, many criminal cases involve discussions between defence counsel and the Crown. These discussions may explore:
- withdrawal of charges
- resolution agreements
- alternative outcomes where appropriate
Not every case proceeds to trial. Each situation depends on the evidence, legal issues and individual circumstances.
6. Trial Process
If the case does not resolve beforehand, it may proceed to trial. At trial:
- the Crown presents evidence first
- witnesses may testify
- defence counsel cross-examines witnesses
- the defence may call its own evidence
The Crown must prove the charge beyond a reasonable doubt. If that standard is not met, the accused must be acquitted.
7. Sentencing (If Found Guilty)
- absolute or conditional discharge
- probation
- fines
- conditional sentence
- imprisonment
Courts consider many factors, including:
- seriousness of the offence
- personal circumstances
- prior record (if any)
- rehabilitation prospects
Sentencing submissions from both Crown and defence help the court determine an appropriate outcome.
8. Appeals
- legal errors at trial
- procedural issues
- sentencing concerns
Appeal timelines are strict, so obtaining legal advice promptly is important if an appeal is being considered.
Why Early Legal Advice Matters
Many people assume they only need a lawyer once a trial date is set. In reality, the early stages of a criminal case can strongly influence the final outcome. Legal guidance early in the process can help:
protect your rights during police contact
prepare for bail
review disclosure strategically
identify weaknesses in the prosecution case
explore resolution options
Experienced Criminal Lawyers with 15 offices in Ontario
Criminal Defence Representation Across Ontario
Daley Byers Criminal Lawyers represent clients facing criminal charges throughout Ontario, including Toronto, Milton, Brampton, Newmarket, Barrie, and more. Whether you are under investigation, recently charged, or preparing for trial, our team provides experienced defence at every stage of the criminal process.
Speak With Daley Byers Criminal Lawyers
If you are facing criminal charges or believe you may be charged, early legal advice can be critical. Speaking with an experienced criminal defence lawyer can help you understand the process, your rights, and the defence strategy that may be available in your situation.
Contact Daley Byers today to schedule a free and confidential consultation and discuss your situation. At Daley Byers you’ll find the best criminal lawyer to help you solve your case.