Practice Areas

Criminal Charges in Canada

Criminal defence tailored to your case. De Boyrie Law assists people facing criminal charges with clear legal guidance, strategic defence planning, and focused representation from the early stages of the case onward.

Charged with a criminal offence?

Before speaking further with police, entering a plea, or trying to handle court alone, it is important to understand the charge, the evidence, the potential penalties, and the defence options available to you.

Understanding Criminal Charges

A criminal charge is a formal allegation that a person has committed an offence. It does not mean the person is guilty. In Canada, the Crown must prove the case beyond a reasonable doubt before a conviction can be entered.

Criminal charges can begin in different ways. A person may be arrested and released from the police station, held for a bail hearing, given an appearance notice, or required to attend court on a future date.

Because every charge depends on the facts, the evidence, the accused person’s background, and the Crown’s position, early legal advice can help prevent avoidable mistakes and protect the strongest available defence strategy.

Summary Offences

Summary offences are generally treated as less serious than indictable offences, although they can still create major consequences.

Indictable Offences

Indictable offences are generally more serious and may involve more complex court procedures and sentencing exposure.

Hybrid Offences

Many criminal offences are hybrid offences, meaning the Crown can choose how the matter proceeds.

Practice Areas

De Boyrie Law provides criminal defence services across a broad range of charges and court processes.

What Happens After Criminal Charges Are Laid?

The process after a charge is laid depends on whether the accused person is released, held for bail, or required to attend court by a document given by police. While every matter is different, most criminal cases move through several important stages.

1

Release or Bail

Some people are released by police with conditions and a court date. Others are held for a bail hearing, where the court decides whether they should be released while the case continues.

2

First Court Appearance

The first appearance is usually procedural. The court may address disclosure, confirm representation, set timelines, and determine what needs to happen before the next appearance.

3

Disclosure Review

Disclosure is the evidence and information the Crown has about the case. Reviewing disclosure is essential because it helps identify weaknesses, Charter issues, witness problems, missing evidence, and possible defence strategies.

4

Crown Discussions

Defence counsel may communicate with the Crown about the strength of the case, possible resolutions, withdrawal options, peace bond options, diversion, sentencing positions, or trial issues.

5

Resolution or Trial

Some criminal cases resolve through withdrawal, diversion, peace bonds, or guilty pleas. Others proceed to trial where the evidence is challenged before a judge or jury.

Possible Consequences of Criminal Charges

The consequences of criminal charges can extend far beyond the courtroom. Even before a finding of guilt, an accused person may face release conditions, stress, employment concerns, family disruption, travel concerns, and reputational damage.

If there is a conviction, the consequences may become more serious depending on the charge and the sentence imposed.

  • A criminal record
  • Probation or strict court conditions
  • Fines or restitution orders
  • Weapons prohibitions
  • Driving prohibitions in some cases
  • Immigration consequences for non-citizens
  • Employment, licensing, and background check issues
  • Jail or house arrest in more serious cases

Types of Criminal Charges De Boyrie Law Can Assist With

Criminal charges can range from relatively common allegations to more complex matters involving serious consequences.

Defences to Criminal Charges

There is no single defence that applies to every criminal case. A defence strategy must be built around the specific charge, the evidence, the witnesses, the conduct of police, the accused person’s instructions, and the legal elements the Crown must prove.

In some cases, the defence may focus on identity, credibility, reliability, lack of intent, consent, self-defence, lawful excuse, insufficient evidence, Charter breaches, unlawful search, unlawful detention, or problems with the way the investigation was conducted.

Why Early Legal Advice Matters

Early legal advice can help an accused person understand what not to say, how to comply with release conditions, how to preserve helpful evidence, and how to avoid steps that could make the case more difficult.

A criminal defence lawyer can also review disclosure, communicate with the Crown, explain realistic outcomes, prepare for bail or trial, and pursue opportunities to have the charge withdrawn, reduced, resolved, or defended in court where appropriate.

Speak With a Criminal Defence Lawyer About Your Charges

If you have been charged with a criminal offence, do not wait until the situation becomes more serious.

Criminal Charges FAQs

These answers provide general information only. The right advice depends on the specific facts of your case.

Does being charged mean I am guilty?
No. A criminal charge is an allegation. The Crown must prove the case beyond a reasonable doubt before a conviction can be entered.
Should I speak to police after being charged?
You should get legal advice before speaking to police.
Can criminal charges be withdrawn?
Depending on the evidence and circumstances, charges may sometimes be withdrawn or resolved without trial.
Will I have a criminal record if I am charged?
A charge alone is not the same as a conviction, although police and court records may still exist.
What should I bring to a consultation?
Bring any paperwork from police or court, including release documents, appearance notices, disclosure, or court dates.

For general reference, the federal Criminal Code of Canada sets out many criminal offences and procedures.