Charged with a crime in Toronto: what to do in the first week, and what to bring to your lawyer

In the first week, read your release paper line by line, follow every condition on it, note your court and fingerprint dates, and speak to a lawyer before you discuss the case with anyone else. Then gather what your lawyer will need: the release document, any other papers from police, property receipts, and the names of people who saw what happened.

The days after a charge feel chaotic, and small mistakes in that week can create new problems. This checklist covers the practical steps for a criminal charge in Toronto, with the rule behind each one.

What to do this week, day by day

1. Read the paper the police gave you

Police release most people with an appearance notice or an undertaking. Both set a court date, and either can set a separate date to be fingerprinted and photographed. An undertaking can also carry conditions, such as reporting to police, staying away from certain people or places, giving up a passport or not possessing weapons (s. 501(3)). The Ontario Court of Justice notes that connection details for a virtual first appearance are printed on the release document itself. Our guide to what happens at a first court appearance in Toronto explains each type of paper.

2. Follow every condition, even the inconvenient ones

Breaking a condition of an undertaking or release order is an offence that can be prosecuted by indictment, with up to two years in prison, or summarily (s. 145(4) and (5)). According to the court, a breach can also mean being re-arrested and held in custody. If a condition is unworkable, such as a no-contact condition with someone you live with, do not simply ignore it. Ask a lawyer about changing it: an undertaking can be varied with the written consent of you and the prosecutor, or by applying to a justice (s. 502).

3. Do not miss the court date or the fingerprint appointment

Put both dates in your phone and on paper. Failing to attend as required is an offence (s. 145), and a justice may issue a warrant for your arrest (s. 512(2)); missing the fingerprint appointment can also lead to a warrant (s. 512.2). If a date has already passed, read what to do after missing a court date in Ontario right away. If your date is in Toronto, our guide to the courthouse at 10 Armoury Street explains where to go and how the day runs.

4. Speak to a lawyer before you talk about the case

Anyone arrested or detained has the right to retain and instruct a lawyer without delay (Charter, s. 10(b)). In practice, it is wise not to discuss the allegations with anyone else, including in texts or on social media, until you have had advice. If someone in custody needs a person to act as their surety, that person should read what a surety agrees to in Ontario before agreeing. If you are not a Canadian citizen, tell your lawyer at the start: a criminal charge can affect immigration status, and that may change how the case should be handled. Our page on how a conviction can affect permanent resident status explains why.

Timing helps in another way too. Under an Ontario Court of Justice practice direction, when a person who is not in custody has a lawyer by the first appearance or within four weeks of it, the case is normally adjourned for about 12 weeks so the lawyers can work through disclosure and a Crown pre-trial, instead of returning to court every few weeks. Early advice also helps you understand what drives the cost of a criminal defence in Toronto.

5. Get your disclosure

Disclosure is the Crown's file on your case: it can include the Information listing the charges, police officers' notes, video or photographs, witness statements and a synopsis. The Crown's office usually provides it before or at the first appearance, often through an online "digital disclosure hub". If you do not have a lawyer yet, contact the Toronto Crown Attorney's office (416-212-2707) with your full name, date of birth, charges, the police occurrence number from your release papers, and your email, phone and mailing address.

6. Plan around travel, work and family

Look at your calendar for the next few months against your conditions. An undertaking can require you to stay within a set area or deposit your passports (s. 501(3)(b) and (f)), and it stays in force until the case is over (s. 523(1)). If a trip abroad is booked, for example to visit family in Iran, raise it with your lawyer now rather than the week before; a change needs the Crown's written consent or a justice's order (s. 502). If the charge involves your spouse or partner and you share a home or children, read how a no-contact condition can be changed before making any arrangement.

If you were charged outside the city, the same steps apply but the courthouse differs: York Region charges go to the Newmarket courthouse, and Peel charges go to Brampton. For what is specific to the city, see our page on criminal defence in Toronto.

What changes the answer?

• Whether you were released or held. If someone is still in custody, the first step is a bail hearing, which must happen within 24 hours if a justice is available (s. 503).
• The type of charge. An impaired driving charge also brings an immediate 90-day licence suspension and a 7-day vehicle impoundment from the province for a reading of 0.08 or more or a refusal, separate from the criminal case.
• A domestic allegation. No-contact and residence conditions are common, and they bind you even if the other person wants contact.
• Whether a lawyer is on the record early. Counsel by the first appearance, or within four weeks, brings the 12-week adjournment practice direction into play.
• What the Crown offers. The Charge Screening Form may show whether diversion is offered. Read whether diversion is possible in Toronto.
• Your immigration status. For a permanent resident, the maximum penalty for the charge and any sentence matter under the Immigration and Refugee Protection Act (s. 36(1)(a)).

For example: one week after a charge in North York

This is a hypothetical, not a real client or a result. Suppose a man who moved to Toronto from Iran four years ago is charged with assault after an argument with a neighbour in his building. Police release him on an undertaking: a fingerprint date in five days, a first appearance at 10 Armoury Street in six weeks, and a condition not to contact the neighbour or go to her unit.

On day one he reads the undertaking with his daughter, but some terms are unclear, so on day two he speaks with a lawyer in Farsi. The lawyer explains that "indirectly" in the no-contact condition covers messages through other residents. On day three he writes down what happened and the names of two people who saw it. On day five he attends the fingerprint appointment. By the end of the week his lawyer has asked the Crown for disclosure and noted that he is a permanent resident, so any later offer will be weighed against immigration consequences as well as the criminal ones.

What mistakes do people make in the first week?

1. Explaining "their side" to police after release. Get advice first; anything said can become evidence.
2. Posting about the case. Texts and social media posts about the allegation can end up in disclosure.
3. Contacting the complainant to apologize or clarify. If there is a no-contact condition, that is a breach, and indirect contact counts.
4. Skipping the fingerprint appointment. It is a separate obligation from the court date (s. 512.2).
5. Assuming a withdrawn charge leaves no trace. See whether a withdrawn charge shows up on a police record check.
6. Relying on a friend's translation. If English is not your first language, go through the paper with a lawyer you can speak to comfortably, and ask for a court interpreter if you need one.

What should you bring to your first meeting with a lawyer?

• Every document from police: the appearance notice, undertaking, summons or release order.
• Any property receipt for items police seized, such as a phone.
• Any disclosure you have received, including the one-page Charge Screening Form.
• Names and contact details of possible witnesses, and your own written notes of what happened.
• Your work and family schedule, so court dates and conditions can be planned around them.
• If you are not a citizen, your immigration documents.
• Photo identification.

If you need an interpreter for court, say so: the Ministry of the Attorney General provides interpretation in any language required in criminal matters, and you can raise it on the record at your first appearance.

Frequently asked questions

Can a family member call a lawyer for me?

Yes. A relative can make the first call and book a consultation, which is common when the person charged is working or is more comfortable in Farsi. The lawyer will still need to speak with you directly before acting on the case.

What if I cannot afford a lawyer?

Contact Legal Aid Ontario at 1-800-668-8258 about eligibility, and ask for duty counsel at the courthouse on your first date. Our page on what drives the cost of a criminal defence explains which stages add work.

Do I have to go to the fingerprint appointment if I think the charge is wrong?

Yes. The appointment is a legal requirement on your paper, and missing it can lead to a warrant (s. 512.2). Whether the charge is right is decided later, in court.

Can I leave Ontario while the case is open?

Only if your conditions allow it. Check for a condition to remain within a territorial jurisdiction or to deposit passports, and ask your lawyer before you travel.

Will this charge show up on a record check?

That depends on how the case ends and which kind of check is run. Our guide to what each criminal case outcome means compares withdrawals, peace bonds, discharges and convictions.

Is help available in Persian?

Yes. Gambriani Law PC works in English and Farsi, and the court provides an interpreter in any language required in criminal matters. Our guide for Persian-speaking people charged in the GTA walks through the whole process.

Getting help

Gambriani Law PC meets clients in English and Farsi at its office at 5000 Yonge Street in North York, and by phone or WhatsApp. A lawyer who starts in the first week has the most room to deal with conditions, disclosure and timing.

This page is general information, not legal advice about your case.