Criminal Trials

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Facing a criminal charge is extremely intimidating—particularly for clients who have never faced charges before. In our experience, clients most frequently have questions about the criminal process, how to get bail, possible outcomes for their case, and strategies for the best defence.

Here are our answers to those questions. Please note that this information is not legal advice. If you have specific questions about a criminal case, please schedule a consultation with us.

Understanding arrest and bail in Ontario:

I have been told the police want to talk to me. Should I speak with a lawyer first?
Yes.
If the police are considering laying charges, it is vital that you first get legal advice. It is very likely that what you say can only be used against you. Our rules of evidence allow the prosecuting Crown to lead harmful police statements, but generally prevent the defence from leading helpful police statements. This means that if you provide police your explanation for what happened, in the best case scenario you are just giving the Crown an advance preview of your defence at trial. In the worst case scenario, you are incriminating yourself and helping the Crown build a case for guilt.
Speaking with an experienced lawyer is crucial to understand the danger of speaking to police, to prepare for the event of an arrest, and to learn techniques to confidently assert your legal rights.
How will I get in touch with a lawyer if I am placed under arrest?
The police have to help you place a call to a lawyer, no matter what time of day or night you are placed under arrest. Every person has the right to counsel on arrest or detention. If you have a lawyer, the police will locate their contact information and place a call. If a loved one such as a spouse or friend has the lawyer’s number, the police must call that person to obtain the information. If you do not have a lawyer, police must place you in touch with a free lawyer through Ontario’s Legal Aid plan. This lawyer is often referred to as “duty counsel”.
Police must hold off asking you incriminating questions or asking you to participate in procedures like photo line-ups until you have had a reasonable chance to speak with a lawyer.
If you have been given notice that you will be arrested, you can use your lawyer to arrange your surrender in advance at a time of your choosing. That is the best way to guarantee that your lawyer will be available when you are placed under arrest and most in need of legal advice.
How do I prepare for a bail hearing?
Every person charged with a criminal offence has the right to be presumed innocent. The presumption of innocence means that we do not deprive people charged with criminal offences—even serious offences—of their liberty without just cause. Our Supreme Court has said that “in Canadian law, the release of accused persons is the cardinal rule and detention, the exception”.
When police place a person under arrest, they must bring them before a bail justice within 24 hours to give them a reasonable opportunity for a bail hearing. In most serious cases, accused persons will need a surety to be released on bail. A surety is a responsible person—often a spouse, parent, or loved one—who promises to supervise the accused in the community. That promise is backed by a financial pledge by the surety. If the accused breaches their bail or fails to attend court, the surety could lose the money they pledged. The financial pledge gives accused persons and their sureties a concrete incentive to make sure the terms of the bail are obeyed.
To prepare for a bail hearing, you will want to speak with a lawyer to identify one or more suitable sureties. Once you are placed under arrest, the lawyer will arrange for your sureties to attend court to give evidence about the bail plan. The stronger the bail plan, the greater the chance of release on bail.
You will also want to discuss strategies for defending the case with your lawyer. If defence counsel can show that the Crown will have trouble securing a conviction, that will count in your favour at the bail hearing. The weaker the Crown’s case, the harder it will be to justify your detention before trial.
Bail is highly fact-specific. To know how to properly prepare for your bail hearing, you should consult a top criminal defence lawyer for expert and tailored advice for your situation.
How much will bail cost?
The financial pledge required by the court is a promise, not a payment. The court will almost never require funds to be deposited in order to secure bail, except in cases where there is a specific concern about the accused fleeing the jurisdiction. Unlike the United States, we do not have a cash bail system in Canada.
Skilled lawyers routinely charge fees for bail hearings. The fees will depend on the experience of the lawyer, the complexity of the case, and the seriousness of the charges. To get a quote for a bail hearing for yourself or your loved one, get in touch with us today.

Understanding the criminal process in Ontario:

What do I need to know before my first appearance on a criminal matter?
The first appearance is not your trial. No evidence will be called and you will not be asked for your version of events. The first appearance is an administrative appearance before a justice of the peace, not a judge. Their concern will be (1) to make sure you have taken steps to retain counsel and (2) to make sure you have disclosure of the Crown’s case. The justice of the peace will adjourn your case for however long it will reasonably take to make progress on these items.
Disclosure is the right of every accused person. If you are charged with a criminal offence, you are entitled to every part of the investigative file. This includes police notes, witness statements, bodyworn camera footage, expert reports, and anything else police reviewed or generated while investigating your case. It can also include prior police investigations into the person who file the complaint against you—even if they were never convicted of those charges. You have the right to receive and review this material before making important decisions about how to proceed.
You should try to hire a lawyer before your first appearance, if possible. That is the best way to take a proactive approach to your defence. A criminal defence lawyer can request disclosure, identify specific items they expect to receive given your charges, and can conduct their own investigation for evidence that can undermine the Crown’s case or support a positive defence. This is particularly important where relevant events have been captured by private surveillance footage that has to be requested within a defined retention period or else be lost forever.
A criminal defence lawyer can also appear on your behalf at administrative appearances, so that you do not have to take time off work to attend court.
Can the complainant drop the charges against me?
No. Once the police have laid charges, the decision to withdraw or proceed belongs to the prosecuting Crown attorney. The Crown will consider the complainant’s input, but is not required to follow their wishes. Once charges are laid, the best defence is to prepare for trial.
Can the Crown drop the charges against me?
Yes. The best result for a client is where the Crown withdraws the charges without the need for a trial. This happens every day in Ontario and can happen even in serious and complex cases. This is how a person charged with a criminal offence can avoid a criminal record completely.
The Crown policy manual permits prosecutors to withdraw charges (a) where there is no reasonable prospect of conviction and (b) where proceeding to trial would not be in the public interest. A criminal defence lawyer can prepare a detailed resolution package to help persuade the Crown to withdraw the charges for one or both of these reasons.
While each case is different, in our experience a successful withdrawal strategy comes down to two factors.
1. Demonstrate weaknesses in the Crown’s case. Even if these fall short of demonstrating there is no reasonable prospect of conviction, they will undermine the Crown’s confidence in their prosecution. No one wants to run a losing trial.
2. Highlight the mitigating factors and collateral consequences of the case. If you can show that whatever happened was deeply out of character and that the charged person has already suffered as a result of the criminal process, that will be more likely to persuade a Crown that proceeding is not in the public interest.
Rudnicki & Company has had significant success in getting serious cases withdrawn before trial. Our Google reviews are full of first-hand accounts from clients who have been able to breathe a sigh of relief after their criminal process has finally been resolved in their favour. To learn how we can tailor a withdrawal strategy for your case, call or write today.
How do I know if I should plead guilty?
A guilty plea is a very serious decision and should not be made lightly. First and foremost, you should not plead guilty unless the crime charged is factually true. If you did not do it — or did not do exactly what the complainant says you did — you should not plead guilty. No ethical lawyer will permit you to plead guilty unless you agree with the facts alleged. If you are prepared to accept responsibility but not on everything that is alleged, you should instruct your lawyer to work out a plea on only those facts you are prepared to admit.
Second, you should not plead guilty unless you are fully aware of the consequences of that decision. You must know what sentence may be imposed and what other consequences you can experience even after the sentence is complete. For example, a criminal conviction can have financial consequences—you can be sued separately by the complainant in civil court. Criminal convictions can also have serious immigration consequences if you are not yet a Canadian citizen.
Do not rush into a guilty plea. Ask your lawyer to explain anything you do not understand. If there is something they cannot explain—for example, if your criminal lawyer does not know all the possible immigration consequences—seek a second opinion from someone with the right expertise.
Wrongful guilty pleas, entered where the defendant does not accept their guilt or does not fully understand the consequences, are a serious problem in our criminal justice system. Our lead counsel Chris Rudnicki specializes in setting aside wrongful guilty pleas. But it is best to make sure you do not enter a wrongful guilty plea in the first place.
A third factor to consider before pleading guilty is whether you are receiving a better deal than you would receive after trial. If the Crown is not offering a true discount in exchange for your guilty plea, you have little incentive not to simply go to trial and say “prove it”. To understand whether the Crown is offering an attractive deal, you should consult experienced counsel before pleading guilty.
How long will it take to get to trial?
The time it takes to get to trial will vary by complexity, seriousness, and local considerations. It may take much faster to get to trial in a small town than it does in a large urban centre. But every person has the constitutional right to be tried within a reasonable time, and this right places limits on how long a trial can take.
For cases in the Ontario Court of Justice, that limit is 18 months. For cases in the Superior Court of Justice, the limit is 30 months. These are called “presumptive ceilings”, from the Supreme Court of Canada’s landmark decision in R v Jordan.
These limits have exceptions and are not absolute. But they are good rules of thumb for measuring how long a case can be expected to take.
If your case takes longer than the presumptive ceiling, you may be eligible for a stay of proceedings. That is the remedy for cases that have been unreasonably delayed, because to permit the proceeding to continue is to make the breach worse. If you think your case has been unreasonably delayed, you should consult a criminal defence lawyer for advice on whether to bring a Jordan application.

Understanding Criminal Trial costs and outcomes:

What are the costs of a criminal case?
Costs vary in criminal cases based on two factors: (a) the length of the trial and (b) the complexity of the issues. Lawyers’ fees are based on the time it takes to prepare and argue the case. The longer and more complex, the more expensive it will be.
Lawyers also charge based on years of experience. A first-year associate will have lower rates than a ten-year veteran.
At Rudnicki & Company, we bill on a block fee basis. After we have assessed your case, we will quote you a single fee for each service we provide. No surprises, no extra fees for phone calls or meetings: everything is included. You can rest easy knowing that we are focusing on your defence, not your bills.
Some clients will also qualify for a Legal Aid certificate. If you have a certificate, the government of Ontario will pay your legal fees. Each Rudnicki & Company lawyer is a member of Legal Aid’s criminal law panel and assists clients through certificate work, provided they have the capacity.
Rudnicki & Company offers the full range of experience to help clients find the right lawyer for their budget. Our team approach means that every client gets the benefit of this experience. For a specific estimate about the costs of your case, please schedule a consultation with one of our lawyers today.
What are my chances of winning at trial?
In Canada, 74% of the criminal cases that go to trial result in a conviction. This means that approximately 3 out of 4 people lose their criminal trial.
This general fact about the conviction rate in criminal cases is no substitute for a specific opinion about your case. But it does highlight that there can be risks in going to trial. You cannot choose your judge. You cannot choose the members of your jury. You cannot control what they may think of your defence or of the Crown’s case.
But you can choose your defence lawyer. An experienced and talented criminal defence lawyer can make an important difference to the result in your case. They can bring strategic applications to exclude problematic evidence based on breaches of your Charter rights. They can apply for disclosure of misconduct by Crown witnesses to use in cross-examination. And they can raise arguments that the Crown has not proven your identity beyond a reasonable doubt.
These are just some examples of successful defences we have run. There are of course many more. We are respected trial lawyers and leave no stone unturned in the search for the best defence possible. We have argued hundreds of criminal cases and have secured withdrawals before trial in many more. Call or write us today for an honest assessment about the merits of your case.
What happens if I lose my trial? Is it guaranteed that I will go to jail?
If you have you lost your trial, the fight is not over yet. Once the verdict is rendered, the matter will be adjourned for a sentencing hearing. You will have the opportunity to present evidence to the court about mitigating factors and collateral consequences. You will be entitled to credit for harsh bail conditions. If you have been detained pending your trial, you will be entitled to enhanced credit at a rate of 1.5:1 for that time. If those conditions have been unduly harsh, you may be entitled to credit on top of that.
Except in very serious cases like murder or violent offences involving a firearm, sentencing judges have wide latitude in deciding what sentence to impose. The overriding question is what is proportionate as between the seriousness of the offence and the moral blameworthiness of the offender. Even in serious cases like sexual assault, drug trafficking, and offences causing personal injury, it is open to the judge to impose a non-custodial sentence. In exceptional cases, the judge can even discharge the defendant—ensuring that they have no criminal record.
Rudnicki & Company’s lawyers are specialists in securing sentences below the usual sentencing range. We firmly believe that imprisonment is not a just punishment in a free and democratic society. This belief animates a broad and forceful approach to the sentencing hearing that has resulted in non-custodial sentences for clients charged with all sorts of serious offences. We keep a lot of our clients out of jail.
To discuss how we can help with your sentencing hearing, call or write us today.
In addition, you will want to consider whether to appeal your conviction or sentence. We can help with that, too.