Frequently Asked Questions (for adults)

If you have any questions that are not included on here, please send them in through our comment/contact form!

How Do I
Use the Accessibility Widget?

We encourage everyone to explore this widget! To use this site's accessibility widget, look at the right side of your screen and click on the purple circle with a white stick figure. This will open up a large menu with different accessibility options. You can enable options in one of two ways.

The first way is to enable an "Accessibility Profile". If you click this heading, you will see options to best enable the site for users who are blind, colour blind, dyslexic, and more. These are general combinations of access options that may or may not fully suit your needs.

If there is not a profile that best suits you, or you would like to make some changes to the profile, below the Accessibility Profile section you can individually select each change to create your own accessible profile. Changes will be added to the site on their own.

Will I Have a Criminal Record?

Not necessarily. Just because you are charged with a crime does not mean you will have a criminal record. If this is your first offense and it is relatively minor you will likely qualify for pre-court diversion or a conditional discharge.

Am I Going to Jail?

Not necessarily. There are many ways to resolve charges without any time in jail - even if the crown is asking for jail time.

Jail sentences are typically given for serious indictable offenses, such as those to do with serious assault, weapons, or drugs. They can also be given to repeat offenders of less serious offenses, because part of sentencing is supposed to include deterrence. The court will see someone with repeat offenses as someone who needs a higher deterrence.

Sentencing typically happens in a "ladder" format with most first/non-serious offenses being the first rung of a ladder with consequences that typically include diversion or discharges which do not include jail, or even a permanent criminal record. As offenses become more serious, or as an individual is criminalized repeatedly, the consequences "move up" the ladder to include permanent criminal records, supervision, house arrest, and jail.

However: racism and ableism are deeply ingrained in the criminal legal system, and that racism and ableism exists more in some places within Ontario and across Turtle Island than others. This means that many times people who are disabled, neurodivergent, who use substances, or who are Black, Indigenous or otherwise racialized, end up in prison when someone else who is white or non-disabled wouldn’t have.

One of the most important things you (or a support person) can do for your case if you are disabled, neurodivergent, or racialized is give yourself the best chance at getting out on bail at a bail hearing. This is because someone who spends time in pre-trial custody often pleads out before they can take their case to trial to escape prison conditions. A judge or jury will also find it easier to assume guilt in someone appearing in court from detention.

Depending on the circumstances, this may mean hiring a private lawyer. It can also mean spending a bit of time in custody on remand before your bail hearing, so that you and your lawyer can prepare the best possible bail plan to get you out of jail.

It is important to note that not all racialized or disabled individuals are at equal risk of being kept in detention or serving a jail sentence. There are factors that reduce risk, such as individuals with large support systems, good jobs, who own property, or have an education. There are also factors that increase risk, such as being known to use substances, being houseless, repeatedly criminalized/having a record, being a sex worker, or having a serious mental health diagnosis on record.

What Do I Wear?

Most court guides will tell you to dress “nicely” and avoid any clothing that has graphics or slogans that the court might see as inappropriate. “Dressing nicely” is usually defined as wearing something that is clean, looks relatively neat, and is not overly baggy. Jeans and a t-shirt work perfectly - it does not have to be formal clothing.

Clothing guidelines are often not applied equally by court staff, and can reveal covert racism or gender bias. For example, a white youth may not be sent out of court for wearing a "fuck the police" t-shirt while a youth who is Black or Indigenous would be removed by court special constables. We encourage everyone to use this information to make the best decision for themselves.

What Do I Bring to My First Court Date?

You will need to pass through security into a courthouse. You should not bring any weapons or illegal substances – this includes weed if you are under the age of 19.

For your first appearance, bring the sheet that police gave you with your court date and charges, so you can provide this to duty counsel. You may also want to bring everything required to start a legal aid application, such as proof of employment, your relevant bank statements, letters from a parent or shelter, etc.

You may also want to bring a book, fidget item, or something quiet to read while you're waiting to be called. In most cases the use of cell phones or mp3 players is not allowed inside a courtroom, however you may be able to request accommodation around this.

Where Do I Sit in the Courtroom?

It does not really matter whether you set in the left, right or middle sections of a courtroom during your first appearance or set dates, but the first one or two rows are sometimes reserved for lawyers.

At trial, people who support the person charged often sit on the left side of the courtroom (which is where the defendant and their lawyer sit), while those who support the person or company harmed sit on the right side (where the crown lawyer sits).

Can Police Lie?

Absolutely, and they do often! Contrary to popular belief, police do not have to tell you they are police if they are undercover, even if you ask them directly. Police have also been known to lie to people they arrest to try and get a confession. Sometimes this sounds like police telling you that they already arrested your friend, who told them everything, or that they can not “help you unless you talk” or that they will let you go home if you just clear up what happened. Never talk to the police.

Can Police Look At My Phone?

Kind of. Legally it depends on the situation, and whether your phone is locked or not. If you are charged with a crime and your phone could give police more evidence, they are generally allowed to try and look at it. If your phone is locked, you do not have to unlock it for police even if they tell you to.

If your phone is locked with your fingerprint or facial recognition, police may be able to try unlocking it by holding it up in front of you, or using fingerprints they collect during the arrest process.

Police may be able to obtain a warrant to seize and seize your phone. Whether their search is successful will depend on the security of your device, and the programs that police department have to search and parse information from it.

Can I Still Travel?

Generally, you should try to refrain from travelling to more secure countries like the U.S. during the period that your charges are being dealt with by the court, or within 3 years of finishing your probation on a conditional discharge.

If you cross a border while your charges are before the court, or before your record has been withdrawn, then you may need to disclose your charge(s) to border security and they will have it on record permanently and they may share it with other countries under security agreements. If you do not disclose it and the border agent does a record search, it will come up - and lying may get you permanently banned from travel to that country.

If you cross the border after your charges have been dealt with - including any probation and clearance time - and the country should not have automatic access to that information, however they may still ask whether you have ever been charged. You will need to weigh the risk of disclosing it or not. There are many countries that are easy to travel to with a criminal record.

Do I Need a Lawyer for my First Court Date?

Nope! If you have been released on a recognizance or bail there is no rush to hire a lawyer, even if you are facing serious charges. That is because the court process is very slow. Your first appearance is just an initial court date where you and either screened for pre-court diversion, or your charges are read in to the record, and where you may receive crown screening and disclosure. While you may spend all day in court, your appearance will only be a few minutes long.

There are some situations where you will want to consider retaining a lawyer immediately when facing charges:

If you are being kept in pre-trial custody
If you have non-permanent status in so-called canada
If you can not attend your court date

See our sections on "lawyers", "what to expect" and "court dates" for more in-depth information.

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