What to Do in the First 24 Hours After Being Charged With a Crime in Toronto
Being charged with a criminal offence is one of the most frightening experiences a person can go through. Whether the charge came after an arrest, a police investigation, or a situation that escalated far beyond what you expected — the hours immediately following a criminal charge are the most critical period of your entire case.
The decisions you make in those first 24 hours — what you say, who you speak to, and whether you have experienced legal representation in your corner — can directly affect the outcome of your case. Not somewhat. Not marginally. Directly and significantly.
This guide walks you through exactly what to do after being charged with a crime in Toronto, step by step, so you can protect yourself, understand your rights, and give yourself the strongest possible foundation for your defence.
Step 1 — Stay Calm and Do Not Say Anything
This is the hardest step for most people — and the most important one.
When you are arrested or charged, every instinct tells you to explain yourself. To clarify what happened. To tell your side of the story. To prove that it was a misunderstanding, that you did not mean it, that the other person started it, or that you had no idea what you were doing was illegal.
Resist every one of those instincts.
Anything you say to police — at the scene, in the police car, at the station, in a holding cell, or anywhere else — can and will be used against you in court. This is not a television cliché. It is a legal reality that ends up harming defendants in criminal cases across Ontario every single day.
You are not required to answer questions beyond identifying yourself. You are not required to explain your actions. You are not required to cooperate with questioning. And you are certainly not required to do any of those things without a lawyer present.
The single most protective thing you can do in the first moments after a criminal charge is say clearly: “I want to speak to a lawyer before I answer any questions.” Then stop talking.
Step 2 — Exercise Your Right to a Lawyer Immediately
Under Section 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to retain and instruct a lawyer without delay upon arrest or detention. This is not a right you need to earn or qualify for — it is a constitutional right that applies to every person the moment they are detained or charged in Canada.
When you invoke that right, police are legally required to stop questioning you and give you a reasonable opportunity to contact a lawyer. If you cannot afford a lawyer, you have the right to speak with duty counsel — a free legal service available 24 hours a day, seven days a week in Ontario.
Contact a criminal defence lawyer in Toronto as early as possible. Not after you have slept on it. Not after you have talked to your family. Not after you have tried to figure it out yourself. Immediately. The advice you receive in that first conversation shapes everything that comes after it.
At Costa Law Firm, we are available to speak with clients who have just been charged. That first call matters more than most people realize.
Step 3 — Understand What You Are Charged With
Once you have spoken with a lawyer, the next priority is understanding exactly what charge or charges have been laid against you.
Criminal charges in Ontario cover an enormous range of offences — and the specific charge determines the legal process that follows, the potential penalties you face, the bail conditions that may be imposed, and the defence strategy that gives you the best chance of a favourable outcome.
Common criminal charges we handle in Toronto include:
- Assault and aggravated assault — one of the most frequently laid charges in Ontario, often arising from domestic situations, altercations, or disputes that escalated
- Domestic assault — treated with particular seriousness by Toronto courts even when the complainant does not wish to proceed
- Drug offences — ranging from simple possession to trafficking, each carrying vastly different consequences
- Impaired driving and DUI — among the most common criminal charges in Canada, with mandatory minimum penalties upon conviction
- Theft and fraud — charges that vary significantly in severity depending on the dollar amount involved
- Sexual assault — among the most serious charges a person can face, with consequences that extend far beyond any sentence imposed
- Weapons offences — charges that escalate significantly when a weapon is involved in another offence
- Break and enter — a charge that many people face without fully understanding what the Crown must prove
- Robbery — a distinct and more serious charge than theft, often misunderstood by those facing it for the first time
Understanding the specific charge against you is not just useful — it is essential. Each offence under Canada’s Criminal Code has its own elements, its own defences, and its own range of outcomes. Your lawyer will explain exactly what you are facing and what it means for you specifically.
Step 4 — Know What Happens at a Bail Hearing
If you have been held in custody after being charged, your next immediate concern is your bail hearing in Toronto.
In Ontario, you are entitled to a bail hearing — formally called a show cause hearing — within 24 hours of your arrest, or as soon as reasonably possible. At this hearing, a justice of the peace decides whether you will be released from custody while your case proceeds through the court system, and if so, under what conditions.
Bail hearings move quickly and the outcome has an immediate, dramatic impact on your life. Being released on bail allows you to continue working, care for your family, assist in preparing your defence, and face the legal process from a position of relative stability. Being denied bail means remaining in custody — sometimes for months — while your case works its way through the courts.
Having an experienced bail lawyer in Toronto represent you at this hearing significantly improves your chances of release. We present your circumstances, your ties to the community, your employment, your family situation, and any other relevant factors in the most persuasive way possible. The Crown will argue for conditions or detention — you need someone equally prepared arguing for your release.
Step 5 — Do Not Contact the Complainant or Any Witnesses
After being charged, it is natural to want to reach out to the person who made the complaint against you — to explain yourself, to apologize, to try to resolve things directly, or simply to understand what happened.
Do not do this under any circumstances.
Any contact you make with a complainant or witness after being charged can be interpreted as intimidation, harassment, or obstruction of justice — regardless of your intention. It can result in additional criminal charges being laid against you. And if you have been released on bail with a no-contact condition, violating that condition will result in your immediate re-arrest and detention.
Stay away. Let your lawyer handle all communication that needs to happen. That is exactly what we are there for.
Step 6 — Write Down Everything You Remember — Right Now
Memory degrades quickly and details matter enormously in criminal cases.
As soon as you are able to do so safely and privately, write down everything you remember about the incident and the events leading up to it. Include specific times, locations, what was said, who was present, and any other detail that seems relevant — even if you are not sure it matters. What seemed unimportant in the moment may become critical to your defence later.
Keep this document private. Share it only with your lawyer. Do not post anything related to the incident on social media. Do not discuss it in text messages, emails, or phone calls you are not certain are private. Everything you put in writing or say out loud — including to friends and family — has the potential to become evidence.
Step 7 — Prepare for the Road Ahead
Criminal cases in Ontario rarely resolve quickly. Depending on the charge, the complexity of the evidence, and the court’s schedule, your case may take months — and in serious matters, longer — to reach a resolution.
That reality is not a reason to panic. It is a reason to be strategic, patient, and well-represented from day one.
The criminal defence litigation process in Toronto involves disclosure of the Crown’s evidence, potential pre-trial motions to exclude improperly obtained evidence, negotiations with the Crown, and where necessary, a full trial before a judge or jury. At every stage, the quality of your legal representation determines the options available to you and the likelihood of a favourable outcome.
The sooner you retain an experienced criminal defence lawyer in Toronto, the more time they have to review the evidence, identify weaknesses in the Crown’s case, file the right motions, and build the strongest possible defence on your behalf.
If a conviction results in a criminal record, understand that a record is not necessarily permanent. Depending on the offence and the passage of time, a pardon or record suspension may eventually allow you to clear it — but avoiding a conviction in the first place, or minimizing its consequences through skilled representation, is always the better outcome.
The Bottom Line — What You Do Right Now Matters
Criminal charges in Toronto are serious. The Canadian justice system is complex. And the decisions you make in the hours immediately following a charge have consequences that ripple through every stage of what comes next.
You have the right to remain silent. Exercise it.
You have the right to a lawyer. Use it.
You have the right to a fair defence. Protect it.
At Costa Law Firm, our criminal defence lawyers in Toronto have defended clients facing every type of criminal charge — from first-time assault and impaired driving to serious offences including robbery, sexual assault, and murder. We understand the stress, the fear, and the uncertainty of what you are going through. And we know exactly what it takes to navigate the Ontario criminal justice system effectively on your behalf.
Do not wait. Do not guess. Do not try to handle this alone.
📞 Call Costa Law Firm today at (416) 535-6329 for a free, confidential consultation. We are available when you need us most.
Costa Law Firm — Criminal Defence Lawyers in Toronto serving clients across the Greater Toronto Area. Our team handles all criminal charges including assault, domestic assault, DUI, drug offences, sexual assault, fraud, theft, robbery, weapons offences, and more. Contact us for a free consultation.
