What to Expect

Being arrested and attending court probably is not what you would expect - and not like what you see on tv. It also does not 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.

Court Process Timeline

Timeline can vary based on the charges, evidence, and whether you are in custody. First there is the arrest. Release, remand or typically comes in 24 hours. First court appearance comes in 3 to 6 weeks. Set dates happen every 3 to 4 weeks. A Crown pre-trial or judicial pre-trial comes in 6 to 12 months. Trial typically happens in 12 to 24 months. Any time after arrest a plea can happen.

Impact on Health

The amount of time spent wrapped up on charges and 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: 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:

low income, and;
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.

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 does not 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.

This image shows the possible progression for youth through the criminal legal system and the youth mental health system. The criminal system progression goes from police contact, to arrest/detention, to bail hearing, to court appearance, to trial, to sentencing, to reintegration or community supervision. The youth mental health system can be accessed during police contact, pre charge diversion, post charge diversion, trial, or community supervision stages.

Navigating the Youth Criminal Justice and Mental Health Systems

This image shows the possible progression for youth through the criminal legal system (in blue) and the youth mental health system (green). The criminal system progression goes from police contact, to arrest/detention, to bail hearing, to court appearance, to trial, to sentencing, to reintegration or community supervision. The youth mental health system can be accessed during police contact, pre charge diversion, post charge diversion, trial, or community supervision stages.

The First Timer's Going to Court Cheat Sheet

This image shows the layout of a youth court room. The judge of justice of the peace sits at the very front of the room facing the gallery and is the tallest bench. In front of them sit the court reporter and other court staff also facing the gallery. They help with paperwork and by reading charges. In front of them are usually two tables facing the judge. The left side of the courtroom is for the defendant and/or their lawyer. The right side is the crown lawyer, who represents the government. Between their tables is a podium that each lawyer or side can speak from. Behind them is "the gallery" which is where witnesses, family, supporters etc. can sit. Sometimes the front row is reserved for lawyers.

If You Are Stopped by Police

This image shows a progression of how you could interact with police if you are stopped by them. Boxes range from light green to teal to dark green to indicate the progression. First, you should ask police if you are being arrested. If you are, you should check/know your arrest rights and keep quiet! If you are not being arrested, you can ask police if you are being detained. If you are not, you are free to leave.

Being Charged does not Equal Jail: Ways your Charges can Resolve

This image is a diagram that shows the many different ways your criminal charges can resolve. It ranges from light and dark green to yellow and red. The colour of each box indicates a progression towards the seriousness of an outcome or that position. Charges can be withdrawn based on lack of evidence, or through resolution. First time offenders generally qualify for some type of court diversion. After a first offense, the crown will typically escalate consequences. A conditional discharge results in no record if you're not charged during the discharge term. It's not uncommon to qualify for a conditional discharge several times.

Know Your Rights

Arrested: now what