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

In most youth cases the courtroom or zoom hearing is open to the public. Anyone can come into a youth courtroom and watch, however information about who is in a youth courtroom is confidential.

It is illegal for anyone to tell members of the general public anything that could identify you as a person involved in youth court, including your name. This includes posts or comments in the newspaper or on radio, tv, online, and social media.

Timeline

Charges can often take a year 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 its goal - so aim to surround yourself with people or resources that can support you.

See our “We Keep Us Safe(r)” section for some ideas.

Lawyers

Duty counsel are lawyers present at the courthouse that 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.

Duty counsel is also the free service you would speak to at the police station if arrested and you didn't tell police to contact a private lawyer.

Duty counsel cannot/will not represent you in the same way a private lawyer can, but they can still be useful, often have friendly relationships with other courthouse staff that can hold weight, and are an essential service. You do not need a private lawyer.

As mentioned, duty counsel is different from Legal Aid. Legal Aid Ontario is who you apply to to get a private lawyer's costs covered. You can apply to legal aid only if you are:

low income, and
the crown is asking for jail time

Up to date eligibility for a legal aid certificate can be found here.

Other things that might be unexpected include:

All lawyers - duty counsel and private lawyers - are often trained in law school to plead people out on charges. 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 also singularly focused on getting people out of prison - but sometimes this means they want you to accept bail conditions you can not keep. This especially happens when the court tries to order people not to use substances while they also have an addiction or substance use disorder. Having a lawyer who understands the challenges of these conditions, and perhaps having alternative arguments or propositions, 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

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