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Céline Dostaler
What Happens After You’re Charged with a Crime in Ontario?
Being charged with a criminal offence in Ontario can be frightening and overwhelming. For many people, it’s their first time dealing with the justice system—and panic, confusion, and fear are common responses. You may not know what happens next, what your rights are, or how to protect yourself from the long-term consequences of a criminal record.
In this blog post, we break down what to expect after being charged with a crime in Ontario, from your first court appearance to trial. Whether you’re facing a summary or indictable offence, understanding the criminal process—and hiring the right defence lawyer early—can significantly impact your case’s outcome.
Step 1: You’ve Been Charged—Now What?
When you’re charged with a criminal offence, police may arrest you and either:
- Release you with a promise to appear and possibly a recognizance or undertaking, or
- Keep you in custody for a bail hearing.
From this moment forward, you are subject to Canada’s criminal justice system, and your actions—from what you say to police to how you appear in court—can affect your defence.
Tip: You have the right to remain silent and the right to speak to a lawyer immediately. Use both.
Step 2: Your First Court Appearance and Disclosure
Your first appearance in court does not involve a trial or entering a plea. It’s largely administrative and intended to:
- Confirm you’ve received your disclosure (the evidence the Crown intends to rely on),
- Provide the next court date,
- Confirm whether you have legal counsel.
Disclosure may include:
- Police notes and reports,
- Witness statements,
- Surveillance or bodycam footage,
- Forensic or expert reports.
Reviewing disclosure with a criminal defence lawyer is critical. Sometimes, important evidence is missing, delayed, or legally problematic. Your lawyer may request additional materials or bring pretrial applications to exclude certain evidence.
Why a Defence Lawyer is Crucial—Early On
Hiring a criminal defence lawyer in Ontario at the earliest possible stage ensures that:
- You understand your charges and legal options,
- You avoid self-incrimination or harmful procedural mistakes,
- Evidence is reviewed quickly and thoroughly,
- Your rights under the Canadian Charter of Rights and Freedoms are protected.
A lawyer may even negotiate diversion, withdrawal, or peace bond agreements early in the process—saving you from trial and a criminal record.
Step 3: Understanding the Type of Offence – Summary vs. Indictable
The nature of the charge determines how your case proceeds through the court system:
Summary Offences
- Less serious (e.g., causing a disturbance, minor theft).
- Shorter limitation period (generally six months to lay charges).
- Maximum penalties are lighter (typically up to 2 years less a day and/or a fine).
- Heard in Ontario Court of Justice before a judge alone.
Indictable Offences
- More serious (e.g., sexual assault, robbery, murder).
- No time limitation for laying charges.
- Harsher potential sentences, including life imprisonment.
- You have the right to choose how your trial proceeds:
- Judge alone in Ontario Court of Justice,
- Judge alone in Superior Court, or
- Judge and jury in Superior Court.
Some offences are hybrid, meaning the Crown can proceed as either summary or indictable depending on the circumstances.
Step 4: Pre-Trial Negotiations with the Crown
Once disclosure is complete, your lawyer may schedule a Crown pre-trial (CPT) or a judicial pre-trial (JPT). These meetings are critical points in the defence strategy, and may involve:
- Negotiating withdrawal or reduction of charges,
- Exploring alternative resolutions (e.g., peace bonds or diversion),
- Identifying key evidentiary or procedural issues,
- Assessing sentencing positions in the event of a plea.
Pre-trial negotiations may result in a favourable resolution without going to trial—especially if there are weaknesses in the Crown’s case or Charter breaches.
Step 5: Going to Trial – What to Expect
If your case does not resolve through negotiation or a guilty plea, it will proceed to trial. Here’s a breakdown of what to expect:
Timeline to Trial
- Summary trials: Usually 12–18 months from the first appearance.
- Indictable trials: Can take 12–30 months, depending on complexity and availability.
Your defence lawyer will use this time to:
- Conduct legal research and Charter motions,
- Cross-examine witnesses at a preliminary inquiry (if applicable),
- Hire private investigators or expert witnesses,
- Prepare legal arguments and trial strategy.
Trial Process
A criminal trial generally involves:
- Opening statements by the Crown.
- Crown’s evidence – including witness testimony and physical evidence.
- Cross-examination by the defence.
- Defence evidence – optional (you are not required to testify).
- Closing arguments by both parties.
- Judge’s decision (or jury verdict, if applicable).
Throughout, the Crown must prove every element of the offence beyond a reasonable doubt. The accused is presumed innocent and never required to prove their innocence.
Step 6: After Trial – Sentencing or Acquittal
If you’re found not guilty, the charge is dismissed and you are acquitted. The matter ends there.
If convicted, your lawyer will attend a sentencing hearing. Sentencing factors include:
- The seriousness of the offence,
- Your personal background,
- Impact on victims,
- Whether you have a criminal record,
- Possibility of rehabilitation.
Defence counsel may argue for alternatives to jail, such as:
- Conditional discharges
- Suspended sentences with probation
- Fines or community service
- House arrest (conditional sentence)
Conclusion: Protect Your Future with Expert Legal Guidance
Being charged with a crime doesn’t mean you’re guilty—and it certainly doesn’t mean you should face the system alone. At every step—from your first appearance to trial—an experienced criminal defence lawyer in Ottawa can make the difference between a conviction and an acquittal, between a permanent record and a clean slate.
Céline Dostaler is a respected criminal lawyer serving Ottawa and Eastern Ontario. She handles every case personally and ensures that your rights are defended from day one.
