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Frequently Asked Questions

Here are some common questions you might have during the legal process. Understanding these can help you better prepare for what lies ahead.

  • If arrested, you'll be taken to a police station for processing or released at the scene. You may be released with conditions or held for a bail hearing, for which you must be brought before a court within 24 hours.
  • Your first court appearance is typically for setting future dates, confirming your plea, and addressing bail if it hasn't been resolved yet.
  • The Crown is obligated to provide you with "disclosure," which includes the evidence they intend to use against you amongst other things depending on your charge(s).
  • You should receive initial disclosure before your first court appearance or shortly after. More disclosure might be provided as the case progresses. Multiple month delays without disclosure are now common in Toronto.
  • It varies depending on the complexity and type of charges.
  • Summary conviction offences are generally faster, potentially resolved in a few months.
  • Indictable offences can be longer especially if the matter moves to Superior Court.

The consequences can vary depending on the offence and your prior record. They could include:

  • Fines
  • Probation
  • Imprisonment
  • Community service
  • Restitution to victims
  • A criminal record

Young persons (under 18) have additional rights and protections under the Youth Criminal Justice Act, including:

  • The right to have a parent or guardian present during questioning and court proceedings.
  • The possibility of alternative measures or extrajudicial sanctions instead of formal charges.
  • Different sentencing options focusing on rehabilitation and reintegration.

You have the right to be represented by a lawyer. You can:

  • Hire a private lawyer.
  • Apply for legal aid if you meet the financial eligibility criteria.
  • Represent yourself, although this is strongly discouraged due to the complexity of the legal system.
  • The sentence will be carried out, which could include fines, probation, imprisonment, or a combination.
  • You might have conditions to follow, such as counselling or community service.
  • You may be eligible to apply for a pardon or record suspension in the future.