OTT | Criminal Cases FAQs for Criminal Charges in Ontario

Frequently Asked Questions for Criminal Charges

Q. Am I going to go to jail? Answer >

Q. What is the penalty for my offence? Answer >

Q. What are the implications of a criminal record? Answer >

Q. Why do I have to get my fingerprints and photograph taken if I haven’t been convicted? Answer >

Q. Can I fight a criminal charge myself? Answer >

Q. What does it cost to talk to one of your legal representative? Answer >

Q. What is a peace bond? Answer >

Q. What is a conditional discharge? Answer >

Q. What is a bail hearing? Answer >

Q. What is a show cause hearing? Answer >

Q. What is the difference between an Indictable offence and Summary Conviction offence? Answer >

Q. Do I qualify for legal aid? Answer >

Q. Am I going to go to jail?

A. For many criminal offences there are penalties that include periods of custody for the offender.  The criminal lawyers have been very successful at achieving the best possible results for our clients.  To get an accurate opinion and review about your court case please speak to one of our licenced legal representatives to discuss your case.

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Q. What is the penalty for my offence?

A. The penalty for a criminal charge can be found in the Criminal Code of Canada, or you may call our offices to speak with us to find out the implications of the offence. Each offence can have different penalties depending upon your circumstances and what happened.

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Q. What are the implications of a criminal record?

A. Persons with criminal records may be denied certain types of jobs or employment.   Employers may ask for a criminal record check prior to employment, with a criminal record you may have your ability to travel restricted.  E.g. you might try to drive into the USA but be stopped at the border and denied entry into the county.

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Q. Why do I have to get my fingerprints and photograph taken if I haven’t been convicted?

A. The Identification of Criminals Act of 1985 allows the police the ability to collect fingerprints and photographs of persons charged with a criminal offence prior to trial.  If you are found not guilty you may apply to have these document destroyed.

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Q. Can I fight a criminal charge myself?

A. Maybe, if the criminal offence is a simple one you maybe able to represent yourself. For most criminal charges your should at least get legal advice to know what to expect at court.  If the matter is serious the crown attorney will want you to have legal counsel on the trial date.

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Q. What does it cost to talk to one of your legal representative?

A. There is no cost to come and speak to one of our legal representatives about your criminal charge.  You can either phone our offices at 1-888-668-8946 for a free phone consultation or speak to us in person.

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Q. What is a peace bond?

A. A Peace Bond is a promise, enforceable under the Criminal Code of Canada, to keep the peace, be of good behavior and to obey all other terms and conditions ordered by a Judge or Justice of the Peace, for a period of up to twelve months.  Judges and JP’s may impose reasonable conditions on those who are involved in criminal offences that are subject to the Peace Bond, for example:  restrictions on contact with other persons, restrictions on attending certain places, restrictions on possessing firearms and ammunition.

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Q. What is a conditional discharge?

A. A conditional discharge requires the offender to follow certain rules for a specified length of time as set out in a probation order as a result of an offence against the Criminal Code of Canada. Once the duration of the conditional discharge has passed and the conditions of the probation order have been followed successfully, the discharge becomes absolute (see below). If the conditions of the probation order are not followed or the offender commits a new criminal offence while bound by the probation order, the offender can be convicted of the original criminal charge and sentenced.

If the court imposes an absolute discharge, the offender will be regarded as not having been convicted of the offence. The offender cannot be subsequently charged with the criminal offence.

However, a record is kept of the absolute discharge and can be used against the offender if the offender commits another criminal offence.

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Q. What is a bail hearing?

A. Under the Canadian Charter of Rights and Freedoms, any person charged with a criminal offence is "not to be denied reasonable bail without just cause."

This means that everyone has a right to be considered for bail and that no one is automatically detained in custody until a trial can be held for his or her criminal charge.

Except in special circumstances, you must be granted a bail hearing within 24 hours of your arrest.

You may be required to appear in person or by way of teleconference or telephone. In certain situations, the bail hearing may be adjourned (delayed) for up to three days.

While it is not necessary for you to be represented by a lawyer at your bail hearing, it is advisable, especially for serious charges.

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Q. What is a show cause hearing?

A. A “show cause hearing” is the hearing held before a Justice of the Peace or Judge to decide if a person charged with a criminal offence should be kept in jail before his case comes up in court. It is also called a bail hearing or judicial interim release hearing.

The Justice of the Peace may order the accused kept in jail until their charge comes up for trial, or released unconditionally, or released with conditions attached to their release.

In most cases a person charged with a criminal offence will be released, either by the police or the Justice of the Peace. The Justice of the Peace will often attach conditions to the release order. The most common conditions are to keep the peace and be of good behavior (behave properly and not break the law), and not to communicate with the alleged victim.

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Q. What is the difference between an Indictable offence and Summary Conviction offence?

A. Summary offences
Summary conviction offences are the most minor criminal offences in the Criminal Code of Canada.

Examples are shoplifting, cause disturbance, and harassing telephone calls.

Unless a different penalty is specified, summary conviction offences are punishable by a fine of up to two thousand dollars, six months in jail or both.

You cannot be fingerprinted for a summary conviction offence. Also if you are convicted of a summary conviction offence as an adult, you may apply for a criminal pardon three years from the time you complete your sentence (e.g., payment of fine or restitution, completion of probation).

Summary conviction offences are considered minor criminal offences.

Indictable offences

An indictable offence are more serious criminal offences, like murder, kidnapping. Conviction of an indictable offence exposes you to greater penalties. E.g. jail for periods of more than two years

If you are prosecuted by indictment, you are entitled to trial by jury for most offences. You do not have the right to trial by jury if you are tried by indictment for offences such as Drive Disqualified (i.e., driving while prohibited as a result of a conviction for impaired driving), Theft Under $5,000, Fraud Under $5,000, or Mischief Under $5,000. If you are convicted of an indictable criminal offence you may apply for a pardon after five years.

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Q. Do I qualify for legal aid?

A. Legal Aid offers different kinds of help, depending on your legal problem. You may need a lawyer to go to court with you, or you may just need some advice or some assistance with court documents.

Usually you will not qualify for legal aid if the crown attorney is not seeking a jail term.
You may be able to get legal aid to pay for a lawyer if:

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