What to Do If You're Charged with a Criminal Offence in Ontario

Being charged with a criminal offence in Ontario is a life-altering experience. It often brings confusion, fear, and uncertainty. Whether it's an assault allegation, a driving offence, or a financial crime, your actions in the first 24 to 48 hours can heavily influence the outcome of your case. Knowing your rights and the immediate steps to take can mean the difference between conviction and acquittal. Brace Law, a firm with offices in Oakville, Vaughan, and the Hamilton region, provides expert legal representation for a wide range of criminal offences and is dedicated to protecting your rights from day one.

Your Legal Rights Upon Arrest

When you're arrested in Ontario, the Canadian Charter of Rights and Freedoms guarantees you certain fundamental protections:

Right to Be Informed of the Reason for Arrest

Police officers must explain in clear language why you are being detained. If you're not told what you're being charged with, the arrest can be challenged later in court. This is a foundational right ensuring transparency in law enforcement.

Right to Remain Silent

You are not obligated to answer any questions other than confirming your identity. Anything you say can and likely will be used against you in court. People often believe they can talk their way out of a situation, but more often than not, this harms their case. The safest move is to say, "I want to speak to my lawyer."

Right to Speak to a Lawyer Without Delay

Upon arrest, you must be given an opportunity to contact legal counsel as soon as reasonably possible. You can speak to a private lawyer or duty counsel (a free legal advisor provided by Legal Aid Ontario). This ensures that you receive legal advice before participating in any police interviews.

Right to Be Informed of These Rights

Officers must not only inform you of your rights but also ensure you understand them. If you don’t speak English fluently or have cognitive limitations, the police must accommodate this. If your rights are not properly explained, any evidence collected may be inadmissible in court.

Immediate Steps After Being Charged

Remain Silent and Calm

Resisting arrest or becoming aggressive can lead to additional charges, such as obstruction or resisting arrest. Stay calm, follow instructions, and limit your speech.

Contact a Criminal Defence Lawyer

Call Brace Law immediately. Our criminal defence lawyers in Oakville, Vaughan, and Hamilton have experience handling a variety of criminal matters, including high-stakes cases. A lawyer can begin building your defence right away by protecting your rights, collecting time-sensitive evidence, and intervening in police procedures if necessary.

Avoid Discussing the Case

Even casual conversations with friends or family can become part of a police investigation. Refrain from discussing your case with anyone until you've spoken extensively with your lawyer. This includes phone calls from jail, which may be recorded.

Collect and Preserve Evidence

If you're released after arrest, take immediate steps to document what happened: note timelines, locations, conversations, and possible witnesses. This information will help your lawyer construct a timeline and identify weaknesses in the prosecution's case.

Bail Hearings in Ontario

In most cases, bail hearings take place within 24 hours of your arrest. This is a critical stage where your liberty is at stake. Bail hearings determine whether you’ll be released pending trial or held in custody.

Brace Law has extensive experience representing clients at bail hearings. We assess the Crown’s grounds for detention and present robust plans of release—often including sureties (people who supervise the accused) or specific conditions (e.g., curfews or no-contact orders).

Grounds for Denial of Bail

1. Primary Ground: Ensuring the accused’s attendance in court.

2. Secondary Ground: Public protection or risk of committing further offences.

3. Tertiary Ground: Maintaining public confidence in the administration of justice, especially in serious cases.

   
   

Bail hearings must be handled strategically. Poor planning or weak proposals can result in pre-trial detention, which is not only demoralizing but may negatively affect the trial outcome.

Specific Criminal Charges and Their Defences

Domestic Assault

These cases often involve conflicting narratives and emotional dynamics, where even minor altercations can result in charges if police believe that violence has occurred. Ontario often enforces a zero-tolerance approach, which can lead to formal charges being laid without the need for corroborative evidence. At Brace Law, we understand how difficult this process can be for victims seeking justice. We work diligently to advocate for their rights, support their role in the criminal process, and ensure that their voices are heard and respected. From assisting with police statements and securing protection orders to guiding clients through the complexities of trial, we are committed to resolving domestic assault cases with discretion and sensitivity. Our goal is always to pursue outcomes that promote both safety and accountability, while minimizing further trauma to those affected.

Sexual Assault

At Brace Law, we are committed to advocating for victims of sexual assault. These cases are deeply personal and emotionally taxing. We understand the trauma that survivors endure, and we work tirelessly to ensure their voices are heard and their rights upheld throughout the legal process.

We help victims navigate the complexities of reporting the assault, preparing for testimony, and understanding what to expect in the criminal justice process. Our team ensures that victims are treated with dignity and respect, both in and out of the courtroom. We also assist in securing protective measures such as restraining orders or no-contact orders, and we liaise with police and prosecutors to support the case every step of the way.

Brace Law provides compassionate, experienced legal support for survivors while fiercely pursuing justice against those who have caused harm.

Assault and Aggravated Assault

Brace Law represents victims of assault, including aggravated assault, which involves serious bodily harm or life-endangering injuries. Victims may suffer physically, emotionally, and financially, and we help them seek justice through the criminal courts.

We assist clients in filing police reports, gathering medical and witness evidence, and advocating for their rights during trial proceedings. Our legal team ensures that clients understand their role in the prosecution’s case and helps them prepare for their participation in court.

We also work to ensure victims have access to appropriate support services and pursue restitution or civil remedies where available. At Brace Law, we stand firmly beside assault victims as their advocates and legal representatives.

Dangerous Driving

These charges can arise from momentary lapses in judgment or more serious acts of negligence behind the wheel. When representing victims in dangerous driving cases, Brace Law takes a thorough approach to uncover the full context of the incident. We work to demonstrate that the accused’s actions clearly met the legal threshold for dangerous operation, such as excessive speeding, distracted driving, or disregard for public safety. We gather evidence from accident reconstruction experts, assess road and weather conditions, and scrutinize mechanical inspections to build a compelling case that supports the victim’s account and highlights the serious consequences of the driver's behaviour.

Fraud and Theft

White-collar crimes involve intent to deceive, often backed by financial records and complex financial transactions. When representing victims of fraud or theft, Brace Law works meticulously to uncover and present evidence that clearly demonstrates intentional wrongdoing. We help clients navigate the process of reporting the crime, preserving financial records, and working with forensic accountants to trace misappropriated funds. Our team challenges any attempts by the defence to minimize culpability by proving that actions were deliberate and not the result of misunderstandings. We also work toward recovering stolen assets and advocate for full accountability through both the criminal justice system and potential civil remedies. With experience in handling intricate fraud cases, we ensure victims have the strongest representation possible.

Young Offenders

The Youth Criminal Justice Act (YCJA) emphasizes rehabilitation over punishment, particularly for young individuals whose actions may stem from immaturity, peer pressure, or difficult personal circumstances. Charges under the YCJA can range from non-violent offences like mischief or theft to more serious crimes involving violence. At Brace Law, we support youth victims and their families by ensuring their interests are represented compassionately and firmly. We advocate for diversion programs or extra-judicial sanctions where appropriate, especially in cases where restorative justice can bring meaningful resolution. Our team also works to protect the long-term interests of youth by ensuring records are expunged post-sentence when possible, safeguarding their future educational and employment opportunities. We collaborate closely with parents, educators, and youth counsellors to secure outcomes that promote healing, accountability, and community safety.

Why Choose Brace Law

With offices in Oakville, Vaughan, and Hamilton, Brace Law has built a reputation as a trusted advocate for victims of crime across Ontario. Our firm is known for its consistent success in guiding clients through some of the most challenging and emotionally complex criminal matters. We have earned recognition for our compassionate, client-centered approach, ensuring that each individual feels supported, respected, and fully informed throughout the legal process. Our team’s deep knowledge of local court systems, Crown policies, and victim services allows us to tailor our strategies for maximum impact in each unique case. At Brace Law, we are selective with the cases we take on, dedicating our full resources and energy to achieving results that truly matter for those we represent.

Book a Consultation with Brace Law Today

If you've been charged with a criminal offence in Ontario, the most important step you can take is to retain experienced legal counsel. The lawyers at Brace Law understand how high the stakes are. Whether you're facing charges for assault, dangerous driving, theft, or fraud, our team provides strong legal representation, strategic planning, and committed advocacy from the very start.

Contact Brace Law today for a confidential consultation with a trusted criminal defence lawyer in Toronto, Mississauga, Oakville, Vaughan, Brampton, or Hamilton.

📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4

📍 Our Vaughan Law Office: 3883 Highway 7 Road, Unit 220, Vaughan, ON L4L 6B9

📍 Our Hamilton Law Office: 96 King Street West, Dundas, Hamilton, ON, L9H 2V6

📞 Call Us: (905) 815-6555

📧 Email: staff@bracelaw.ca

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Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.