Someone in custody, or in court this week?
Phone me at 905-553-6171. If I don’t answer, book the first call I can take: Monday, October 12 at 10:00 a.m.
Held by the police tonight
Tell the officer you want to speak to a lawyer. The officer will call a lawyer you can speak to by phone.Legal Aid Ontario, Where can I speak to a lawyer about my rights?
If you are in custody, you are considered eligible for duty counsel, and duty counsel are in bail court every day.Legal Aid Ontario, What is the financial eligibility threshold for duty counsel services?; Ontario Court of Justice, A criminal case: step-by-step
Charged? Here is what happens next.
Pick where things stand and the software shows the next steps and your rights, each with its source. Legal Aid certificates accepted for criminal defence matters.
The next steps and your rights show here, each with its source.
The stages, in order
Where things can stand, from the arrest to the first appearance and after, with one thing to know at each.
- Arrested and still held by the police
The police must either release you or take you before a justice of the peace. If a justice is available, that must happen without unreasonable delay and within 24 hours of the arrest. If no justice is available within 24 hours, it must happen as soon as possible.Criminal Code, s. 503(1)
Call me now - In custody, waiting for a bail hearing
At the bail hearing, a justice of the peace or a judge decides whether you are released until the case is over, and on what terms. Duty counsel or your own lawyer speaks for you.Criminal Code, s. 515; Ontario Court of Justice, A criminal case: step-by-step
Call me now - Released with conditions (an undertaking or a release order)
Your first appearance is in case management court. It is not your trial: no guilty pleas, preliminary inquiries or trials happen there.Ontario Court of Justice, A criminal case: step-by-step
- Given a summons or an appearance notice
Go to every court date, at the time and place on your papers, and arrive at least 30 minutes early.Legal Aid Ontario, What to do before your first appearance at criminal court
- First court date is set
Bring every paper the police gave you, anything you think matters to your case, and proof of your income if you will apply for legal aid.Legal Aid Ontario, What to do before your first appearance at criminal court
- Already had a first court appearance
Do not decide how to plead until a lawyer has gone through the disclosure with you.R. v. Stinchcombe, [1991] 3 SCR 326
Three things, today
Do not talk about what happened with anyone except your lawyer: not the police, not anyone else involved, not friends or family, and not by text, phone or online. You have the right to remain silent.
Canadian Charter of Rights and Freedoms, s. 10(b); Legal Aid Ontario, Criminal charge processIf you are released with conditions, keep every one exactly as written until a court changes it. Breaking a condition without a lawful excuse is a separate criminal offence, and you can be arrested again.
Criminal Code, s. 145(4), (5); Legal Aid Ontario, Bail hearings; Ontario Court of Justice, A criminal case: step-by-stepDo not miss court. Missing a court date without a lawful excuse is a separate criminal offence, and a warrant can be issued for your arrest.
Criminal Code, ss. 145(2)-(4); Ontario Court of Justice, A criminal case: step-by-step
Legal Aid and fees
- Legal Aid
Legal Aid certificates accepted for criminal defence matters. Legal Aid Ontario decides who qualifies for a certificate.
How to apply for Legal Aid- Private retainer
Flat fees by stage. Quoted before you commit, plus HST and disbursements.
I practise criminal defence.
A call is short and free, to see whether I can help. Don’t send me details of your case yet: I check for conflicts first.
Is what I enter here private?
Where things stand is kept in this tab and not recorded. If you book a call, what you send is used to check for conflicts. The privacy policy says who can see it.
Is this legal advice?
This is legal information, not legal advice. Using the software does not make you my client. Advice starts when you retain me, and I tell you in writing what I will do and what it costs.