If you or someone you care about has just been arrested or charged with a criminal offence in Ontario, the first hours and days can feel confusing and overwhelming. This page is a starting point, not a full guide to any one topic. It points you to the more detailed guides on this site depending on exactly where things stand right now. It is general information only and does not replace advice from a criminal lawyer about a specific situation.
If You Were Just Arrested
If you are currently under arrest or have just been released from police custody, a few general rights apply regardless of the allegation: you generally have the right to know why you are being arrested, the right to speak with a lawyer without delay, and, in most circumstances, the right to remain silent rather than answer police questions. Our guides on what happens if you are arrested, your right to remain silent, your right to a lawyer, and police questioning explain these rights in more detail. If police searched you, your vehicle, or your home, our guides on police searches and search warrants may also be relevant.
In general, it is safer to politely decline to answer substantive questions about the allegation until you have spoken with a lawyer, even if you believe you have a good explanation. This is not the same as being uncooperative about identifying yourself where legally required.
If You've Been Released or Are Waiting for a Bail Hearing
After an arrest, police will generally either release a person with conditions and a future court date, or hold them for a bail hearing before a justice. Our guide to arrest and release in Ontario explains this decision point in more detail. If a bail hearing is required, see our overview of how bail hearings work and your rights at a bail hearing. If you have already been released, whether by police or after a bail hearing, and have conditions to follow, our guide to bail and release conditions explains what they generally mean and how they can be changed if truly necessary. Following release conditions carefully matters a great deal, since breaching even a minor condition can lead to an entirely new charge, as explained in our guide to breach of bail.
It is common to have questions about specific types of conditions, such as a no-contact condition involving a family member, an address or curfew condition, or a requirement to have a surety supervise your release. Rather than guessing at what a specific condition allows, review the exact wording with a lawyer, and raise any genuine difficulty complying with it through a proper variation process rather than an informal workaround.
If You've Been Formally Charged
Being formally charged with an offence means the Crown will need to prove the allegation, and you are presumed innocent unless and until a court finds otherwise. Our overview of what happens after you've been charged in Ontario is a good next step for understanding the general process ahead. One of the most important early steps is getting legal advice: see our guides to finding a lawyer, Legal Aid Ontario, and duty counsel for the different ways to access legal help depending on your situation. You will also be given a date for a first court appearance, which is generally an early, administrative step rather than a hearing on the merits of the case.
What Generally Happens Next
After a charge is laid, the Crown will generally review the file, sometimes called Crown screening, and your lawyer will request disclosure of the evidence gathered by police. Reviewing disclosure carefully with a lawyer is one of the most important steps in understanding the strength of a case and the realistic options going forward, whether that eventually means a resolution discussion with the Crown, a guilty plea, or proceeding toward a trial. Our full overview of the criminal court process in Ontario maps out each of these stages in order.
It is also common for a single arrest to lead to more than one charge, for example a charge relating to the underlying incident and a separate charge connected to how a person responded to police afterward. Facing multiple charges does not necessarily mean the situation is more serious than it appears, but it does mean a lawyer will generally want to look at how the charges relate to one another and whether they should be addressed together.
Common Early Mistakes to Avoid
Certain choices in the first days after an arrest or charge can make a difficult situation worse. In general, it is best to avoid:
- Contacting a complainant or witness directly, even to apologize or explain your side
- Discussing the details of the allegation on social media or in group chats
- Breaching any release condition, even one that seems minor or unnecessary
- Missing a scheduled court date without immediately contacting a lawyer or the courthouse
- Deciding how to plead before reviewing disclosure with a lawyer
- Discarding or altering anything that could later be considered evidence
Full Directory of Related Guides
Immediate Rights
Release and Bail
Getting Legal Help
Frequently Asked Questions
What should I do in the first hour after being arrested?
In general, remain calm, ask to speak with a lawyer, and avoid answering substantive questions about the allegation until you have had that conversation.
Do I need a lawyer right away?
Getting legal advice as early as possible is generally strongly recommended, even if you are unsure whether you can afford a private lawyer. Duty counsel and Legal Aid Ontario may be able to help.
Will I definitely go to a bail hearing?
Not necessarily. Police release a person with conditions and a future court date in many cases, rather than holding them for a bail hearing. Whether that happens depends on the allegation and the circumstances.
What if I already missed my first court date?
Contact a lawyer or the courthouse immediately. Missing a court date can lead to a warrant and a separate charge, but addressing it promptly is generally better than waiting.
Does being charged mean I will be convicted?
No. A charge is an allegation, not a finding of guilt. You are presumed innocent unless and until a court finds otherwise, whether by a guilty plea or after a trial.