What to Expect
Being arrested and attending court probably isn't what you would expect - and not like what you see on tv. It also doesn't mean you will have a criminal record, or go to jail.
Privacy
Most court cases are open to the public. Anyone can come into a courtroom and watch the proceeding against you. Additionally your name, charges and court room is typically listed online under "Ontario Daily Court Lists".
Whether information about your case can be published by media or members of the public depends on whether there is a publication ban. Depending on the situation, a request for a publication ban can be brought by either the crown or the person accused.
Timeline
Charges can often take 8-12 months or more to resolve, and longer if you plan to take your case to trial. This timeline is sometimes shortened for people who are in jail while dealing with the charges against them, because their court dates are prioritized in scheduling.
Impact on Health
The amount of time spent wrapped up on charges & attending court dates each month or so can take a toll on your physical or mental health, and make you feel very isolated. This is the goal of criminalization and/or repression - so aim to surround yourself with people or resources that can support you.
See our “We Keep Us Safe” section for some ideas.
Lawyers
Duty Counsel
Duty counsel are lawyers present at the courthouse/by zoom court. They are available to speak to simple matters in court and initial meetings with the crown prosecutor, but they will not run trials. They may also be different every time you appear with no to little communication with each other, so you can expect to explain your specific needs to them each time you appear in court.
Duty counsel is also the free legal service you speak with at the police station if you are arrested and didn't provide police with the name of a private lawyer.
Duty counsel cannot/will not represent you in the same way a private lawyer can, but they can still be very knowledgeable, useful, often have friendly relationships with other courthouse staff that can hold weight when trying to arrange a plea.
You do not need to pay for a private lawyer if facing criminal charges.
Legal aid is different than duty counsel, though both services are free of charge. Legal Aid Ontario is a program that you apply to in order to get the cost of a private lawyer covered.
You can apply to legal aid no matter what your income and charges are, however it is more likely your application will be approved if you are:
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low income, AND;
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the crown is asking for jail time, or you risk jail time by not accepting a plea
Up to date eligibility for a legal aid certificate can be found here.
Other Notes
All lawyers - duty counsel and private lawyers - are often focussed on pleading people out on charges. It is time-consuming for them to prepare for a trial. This doesn't mean you should agree to a plea - the choice is always yours. Your lawyers ultimately take their direction from you.
Lawyers are often also singularly focused on getting people who are in prison, out - but sometimes this means they want you to accept bail conditions you can't keep or that are actively harmful.
This can be especially apparent when the court tries to order people not to use substances while they also have an addiction, or to have trans folks live under the control of transphobic guardians.
Having a lawyer who understands the challenges of these specific conditions can help keep you out of jail in the long term.
See our "Lawyers" page for more in-depth information to make a decision about hiring a lawyer, using duty counsel, or self-representing.
Visuals: What to Expect
Scroll to the right to see more visuals.
