Being charged with a crime is frightening, and the choices you make in the first hours and days can affect everything that follows. Here is what to do, in plain language, to protect yourself.
The short answer
Stay calm, do not give a statement to police, and speak with a criminal defence lawyer as soon as possible. You have the right to silence and the right to counsel. Anything you say can be used against you, so getting advice early is the single most important step.
Use your right to silence
You are not required to explain or defend yourself to the police, and doing so often makes things worse. Politely state that you wish to remain silent and that you want to speak to a lawyer. This is your right, and using it is not an admission of anything.
Get legal advice immediately
A lawyer can explain the charge, deal with the police and the Crown on your behalf, and start protecting your interests right away. The earlier a lawyer is involved, the more options you may have.
Understand bail
After an arrest you may be released by the police or held for a bail hearing, where a court decides whether you are released and on what conditions. A well-prepared release plan, often including a surety, improves your chances. Learn more about how bail works in Ontario.
What happens next
Your matter will proceed through first appearances, disclosure (receiving the Crown's evidence), and then either a resolution or a trial. Reviewing disclosure carefully is where many defences are built, including Charter issues and weaknesses in the Crown's case. While a criminal case proceeds, there may be collateral civil litigation depending on the nature of the offence.
Mistakes to avoid
Do not talk about your case with anyone other than your lawyer, including on the phone from a police station or on social media. Do not contact a complainant or witness, especially if you have conditions that prohibit it, as that can lead to new charges. For example, if an incident occurred at your rental property, it could also trigger issues related to residential tenancies.
When to talk to a lawyer
Now. If you have been charged or believe you are under investigation, contact a criminal defence lawyer before speaking to anyone else. Kuner Law defends clients across Ontario at every stage. Learn more about our criminal defence work, or call us right away.
Frequently asked questions
Q: Do I have to answer police questions?
A: No. You have the right to remain silent. You can and should state that you want to speak to a lawyer before saying anything.
Q: Will I get a criminal record if I am charged?
A: Not necessarily. A charge is not a conviction. Outcomes range from withdrawal or a discharge to a finding of guilt, and a lawyer works to avoid or minimize a record.
Q: How fast can I get bail?
A: It depends on the case, but preparing a strong release plan quickly improves your chances. A lawyer can help arrange a surety and conditions.
Q: Can I change lawyers or get advice if I already spoke to police?
A: Yes. Even if you have already spoken, getting a lawyer involved now is important to protect your interests going forward.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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