The first month after a criminal charge decides a lot: whether you are released and on what conditions, what the Crown’s case looks like, and whether early mistakes make things worse. Here is what usually happens in Ontario in the first 30 days, and what to do at each stage.
Day one: arrest, release or a bail hearing
Most people charged with an offence in Ontario are not held in custody. The police can release you at the scene or at the station with an appearance notice or an undertaking. An undertaking is a promise to come to court on a set date, often with conditions attached: no contact with a named person, staying away from an address, no weapons, or no alcohol. Read every condition before you sign. Breaking one is a separate offence under the Criminal Code, even if the original charge is later dropped.
If the police hold you, they must bring you before a justice without unreasonable delay and within 24 hours where a justice is available. That is the bail hearing. The starting point in Canadian law is release on the least onerous conditions that are appropriate; the Crown has to justify detention, except for the offences where the law reverses the onus onto the accused (certain firearms, repeat and intimate-partner-violence charges among them, with the list expanded by recent amendments). A bail hearing is worth preparing for, even in a few hours: a surety who can attend, a workable address, and a release plan that answers the Crown’s concerns make the difference between going home and waiting in custody.
Two rights apply from the moment of arrest or detention. You do not have to answer police questions beyond identifying yourself, and you are entitled to speak with a lawyer in private without delay. Using those rights is not evidence of anything. Our page on arrest, search warrants and your rights explains them in more detail.
The first week: the paperwork you were given
Gather everything the police handed you and keep it together:
- the appearance notice, undertaking or release order, with your court date and conditions;
- the information or charge sheet listing the offences;
- any property receipt for items the police seized (phone, car, documents);
- any notice about fingerprinting under the Identification of Criminals Act, which has its own appointment that you must keep.
Write down what happened while it is fresh: times, places, who was present, what was said, and the names of anyone who saw it. Keep this for your lawyer only. Do not post about the case, message the complainant or witnesses, or discuss it with anyone who might be called to testify. If your conditions say no contact, that includes messages passed through friends and family.
Weeks two to four: first appearance and disclosure
Criminal cases in Ontario begin in the Ontario Court of Justice. Your first court date is usually an administrative appearance, not a trial: the court confirms who you are, whether you have a lawyer, and whether the Crown has given you disclosure. Disclosure is the Crown’s file: the police synopsis, officers’ notes, witness statements, video, and any forensic or breath-test records. The Crown has a constitutional duty to provide it, and nothing serious should be decided before it has been reviewed. First appearances are often adjourned once or twice while disclosure is completed; that is normal.
You will also receive the Crown’s screening position: whether it intends to proceed by summary conviction or by indictment, and what it is proposing as a resolution. This is a starting position, not a verdict. Many charges are resolved in ways that avoid a criminal record, through diversion, a peace bond or a withdrawal, but those routes are usually decided in the first few months, so this is the stage to have a lawyer involved.
Things that make the first month worse
- Breaching a condition. A breach charge is new evidence against you at any future bail hearing and is prosecuted on its own.
- Missing court. A missed date leads to a bench warrant and a failure-to-appear charge. If you cannot attend, tell your lawyer or the court in advance.
- Giving a statement to “clear things up”. Statements to police, to the complainant or on social media are routinely used by the Crown.
- Ignoring immigration status. For permanent residents and temporary residents, some convictions and even some pleas lead to inadmissibility and removal. Say so to your lawyer at the first meeting, because it changes which resolutions are safe.
Charges involving a spouse or partner
If the complainant is a current or former partner, expect a no-contact condition and often a condition keeping you away from the home, even if it is your home. Those conditions can be varied later, with the Crown’s agreement or by application, but not by private arrangement between you and the complainant. See our domestic assault page for how these cases are handled.
What a lawyer does in the first 30 days
Review the release conditions and ask for changes where they are unworkable; obtain and review disclosure; identify Charter issues such as an unlawful search or a denial of the right to counsel; speak with the Crown about resolution; and, where the case is going to be contested, set the timetable with the clock in mind, since the Supreme Court’s time limits for trial start running when the charge is laid. A first consultation at Law Wise is free for 15 minutes, by appointment. Our criminal defence page lists the charges we handle, and our page on criminal records explains what a conviction, a discharge or a withdrawal each mean for your record.
Common questions
Will I have a criminal record now that I have been charged?
A charge is not a conviction. A criminal record follows a finding of guilt. While the case is open, the charge will show on some police record checks, which is one reason to deal with it rather than let it drift.
Can the complainant drop the charges?
No. In Canada the Crown, not the complainant, decides whether a prosecution continues. A complainant’s wishes are one factor the Crown considers, but contacting them to ask is usually a breach of your conditions and can lead to a further charge.
Do I need a lawyer for a first appearance?
You can attend alone, and the court will usually adjourn to let you get advice. Having a lawyer before that date means disclosure is requested at once and nothing is said in court that limits your options later.
This article is general legal information about Canadian criminal law and Ontario practice as of 22 October 2026. It is not legal advice, and reading it does not make you a client of Law Wise Professional Corporation. Bail and release rules in the Criminal Code have been amended several times in recent years; speak with a lawyer about the rules that apply to your charge.