The criminal justice process in Ontario can be complex and overwhelming for individuals facing criminal charges. Understanding the key stages, from arrest to trial, can help defendants and their families prepare for what lies ahead and make informed legal decisions. 

Arrest and Charges 

A criminal case typically begins with an arrest. Law enforcement officers may arrest an individual if they have reasonable grounds to believe that a crime has been committed. After the arrest, the accused is usually taken into police custody, where they are informed of their rights, including the right to remain silent and the right to legal representation. 

Following an arrest, charges may be laid by the police or the Crown prosecutor, depending on the severity of the alleged offense. The accused may then be released with conditions or held in custody until a bail hearing. 

Bail Hearing 

If the accused is not released by the police, they are entitled to a bail hearing before a judge or justice of the peace. The court will determine whether the accused should be released on bail and under what conditions. Factors considered include the seriousness of the offense, the accused’s criminal history, and whether they pose a risk to public safety or may fail to appear in court. 

First Court Appearance 

Once charges are laid, the accused must attend their first court appearance. They may receive disclosure at this stage, but it is often provided after the first appearance. Disclosure includes the evidence the Crown intends to present. The accused may choose to retain a lawyer, apply for legal aid, or represent themselves. The court will also determine whether the matter will proceed summarily (for less serious offenses) or by indictment (for more serious charges).

After the first appearance, the case moves to the pre-trial stage, which may involve a Crown Pre-Trial (CPT) and/or a Judicial Pre-Trial (JPT) to discuss case resolution or trial readiness. If the case is not resolved at this stage, it proceeds to trial.

Pre-Trial Proceedings 

Before trial, the defense and prosecution may engage in discussions, including plea bargaining, where the accused may plead guilty in exchange for a lesser charge or reduced sentence. Pre-trial motions may also be filed, addressing legal issues such as the admissibility of evidence. 

The Trial 

If the case proceeds to trial, it will be heard before a judge alone or a judge and jury, depending on the nature of the charges. During the trial, the Crown presents evidence, including witness testimony, police reports, and forensic findings. The defense can question witnesses and introduce its own evidence. While the accused has the option to testify, they are not obligated to do so. 

After hearing all the evidence, the judge or jury deliberates and delivers a verdict. If the accused is found guilty, a sentencing hearing will be scheduled to determine the appropriate punishment. If found not guilty, the accused is released. 

Sentencing and Appeals 

If convicted, the accused may face penalties ranging from fines and probation to imprisonment. Sentencing considers factors such as the nature of the offense, mitigating circumstances, and prior criminal history. In some cases, an appeal may be filed to challenge the conviction or sentence. 

Seeking Legal Assistance 

Navigating the criminal justice process in Ontario requires skilled legal representation. If you or a loved one is facing criminal charges, consulting with an experienced criminal defense lawyer can ensure your rights are protected and provide the best possible outcome for your case. 

At Telesh Law Firm Professional Corp., we are committed to providing dedicated legal support at every stage of the criminal justice process. Contact us today for expert legal guidance.