If you are charged with a criminal or youth offence, it means that, unless you are sent for diversion, restorative justice or alternative measures (see the section in this Guide titled "I've been offered 'diversion'"), you will have to resolve the charge in court. You can do this either by pleading guilty and being sentenced by a judge, or by pleading not guilty and going to trial. If you are found guilty at trial, you will be sentenced by a judge.
If the police want to speak with you, you have the right to contact a lawyer for advice first. Most criminal lawyers will do this at no charge (and you can find a lawyer through the list provided at the jail, a phone book, or an internet search). If you are under arrest, the police must help you make a telephone call to a lawyer, even if you don't have a lawyer picked out. If you are under arrest, you can also call a lawyer through the Brydges Line at 1-866-458-5500. This service is provided free of charge by the Legal Services Society and is available across the province, 24 hours a day, seven days a week. It is almost always advisable that you refuse to answer questions or discuss the case with the police and certainly not before speaking with a lawyer. If you are arrested, the police must provide reasonable access to a counsel of your choice or to legal aid.
If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See legal aid representation in the Resource List for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your first appearance in court (see Step 4 below) and found out the Crown Counsel's initial sentencing position.
Go to court on the date shown on your promise to appear or other police release document.
At this first appearance in court, Crown Counsel will give you a copy of the police file, also known as your disclosure. This package will contain the details of the charges against you. It includes the circumstances (police report) from the Crown Counsel (prosecutor) and the information (charges) from the court clerk. Ask for an adjournment (delay) for two weeks or more so you can consult with a lawyer. If there is a duty counsel — a lawyer who helps people who don't have their own lawyer — at the courthouse, he or she can help you with this step.
At trial, the Crown will call witnesses that you or your lawyer will be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. After all of the witnesses have testified, you can summarize your position and the facts and law which support it. At the end of the trial, the judge will either find you guilty or not guilty. If you are found guilty, the judge will sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases.
If you are found not guilty, the matter will be over and you will be free to leave the court. Any bail conditions that were imposed on you expire. You will not have a criminal record in that case.
If you can't make it to court for one of your court appearances, you may be allowed to get criminal duty counsel to go to court for you. Call your local legal aid office or the Legal Services Society Call Centre at 1-866-577-2525 to find out duty counsel schedules.
The Clicklaw common questions "I've been charged with a crime. How do I defend myself?" and "What does the judge consider in sentencing an Aboriginal person?".