What Happens After an Arrest in Ontario?
After an arrest for impaired driving or another criminal charge, police may release you or keep you in custody for a bail hearing. Either way, the next steps can come quickly. Understanding your paperwork and getting legal advice can help you prepare.
Call Nicholas Charitsis to discuss what happened and what your papers mean. Nicholas is a former Crown Attorney with 25 years of criminal law experience in Toronto. He understands how the Crown builds a case and can review the evidence with you.
Nicholas cares about his clients, reflected in the over 350 five-star Google reviews from client who received a successful result to their case. If you are looking for advice about your legal issue call and discuss your case at no obligation or fee.
If you’ve been arrested for impaired driving, call and discuss your case directly with Nicholas Charitsis at 416-731-7113.
Released With Paperwork? Read It Carefully
Your release papers may list a court date, a date for fingerprints, and conditions you must follow. Keep the documents together and check every date. If a condition is unclear, speak with a lawyer before you act on an assumption.
This is a good time to have a criminal defence lawyer review the charge and what happened during the arrest. For an impaired driving charge, that review may include the traffic stop, breath tests, and any licence suspension. A lawyer can also explain what to expect when your case reaches court.
The Arrest: Your Immediate Rights and First Steps
Now that you are home, think back to what happened during your arrest. What did the officer say was the reason? Were you told that you could speak with a lawyer? If you faced an impaired driving charge, when did police demand a breath sample?
Police must have lawful grounds for an arrest, tell you why you are being arrested, and inform you of your right to counsel. Breath demands must also follow the law.
If a step was missed, it may affect the evidence or give our criminal lawyers a legal issue to raise in court. It does not automatically mean the charge will be dismissed.
Unsure whether police followed the rules? Call Nicholas Charitsis at 416-731-7113. Our defence lawyers can review the police records and your account of what happened.
What Do Your Release Papers Mean?
The paperwork you received when you left police custody tells you what to do next.
You may have an appearance notice, an undertaking, or a release order. Keep every page and give our criminal lawyers a copy when you call.
Check for your court date, any fingerprint appointment, and every release condition. Follow the conditions even if someone tells you they no longer matter. Our lawyers can explain an unclear condition and whether you can ask the court to change it.
Paperwork After an Impaired Driving Arrest
An impaired driving arrest may leave you with several other documents. Look for:
- A driver’s licence suspension notice. Check when the suspension starts and how long it lasts. Do not drive until you have confirmed that your licence is valid.
- Vehicle towing or impoundment information. Find out where your car was taken, when it can be collected, and what fees may apply.
- Breath test records. Drivers charged with driving over 80 may receive a certificate of analysis or a copy of the Breathalyzer test results, keep it. These records may also arrive later with the Crown’s disclosure.
- A notice about a previous conviction. If the Crown seeks a higher penalty based on a prior conviction, show the notice to our lawyers. This is not paperwork everyone receives when released.
If a document is missing or you do not understand it, tell us. Call Nicholas Charitsis at 416-731-7113 so owe can review your papers with you to explain the deadlines, and discuss the impaired driving charge.
What Happens at Your First Court Date?
Your first court appearance is often called a set date or a “to be spoken to” date. It takes place in case management court. The court checks where your case stands and what needs to happen next. It is not a trial date.
Will You Receive the Evidence?
You will usually receive the Crown Attorney’s initial disclosure before or around this date.
Disclosure is the evidence gathered for your case. It may include police notes, a summary of the allegations, and, for an impaired driving charge, breath test records or video. More evidence may arrive later.
Will You Have to Return to Court?
The court will ask whether you have a lawyer and may ask how you intend to proceed.
If you are still looking for a lawyer, the court may set another date for you to return. The timing depends on your case and the court’s schedule.
Can Our Lawyers Appear for You?
Yes, If you retain Charitsis Law, we can appear in court for you with a Designation of Counsel.
We file this form with the court so our lawyers can appear for you at many routine court dates. That can save you a trip to the courthouse. This may be especially valuable if you are concerned about avoiding public attention.
A designation can reduce the number of times you need to attend court, but it does not make the case private or prevent media coverage. Some proceedings still require you to attend, and the court can order your attendance. Our lawyers will tell you when you need to be there.
What Happens After Your First Court Date?
Once our criminal lawyers have your disclosure, we review the evidence and discuss it with you.
We look at what the Crown Attorney must prove and whether important records are missing. In an impaired driving case, that may include police notes, body-worn camera footage, breath test records, and the timing of each police demand.
What Is a Crown Pre-Trial?
A Crown pre-trial is a meeting held between your defence lawyer and the Crown Attorney. It gives both sides a chance to discuss your case before deciding what should happen next.
Our lawyers may point out problems with the evidence, such as gaps in a police officer’s notes or a video that does not support the officer’s account. They can ask for missing disclosure, including records or footage needed to review the charge.
The lawyers may also discuss legal issues that could arise at trial, such as whether police had grounds for an arrest or a breath test demand. They can ask whether the Crown would consider withdrawing a charge or another way to resolve the case. e.g a reduced charge from impaired driving to careless driving.
After the meeting, we have a meeting with you the client to explain the Crown’s position and what it means for you.
What Is a Judicial Pre-Trial?
Some cases also have a judicial pre-trial. A judge meets with the lawyers to discuss the issues, possible resolution, and what a trial would involve. This is not the trial. The judge does not decide whether you are guilty at this meeting.
If the case cannot be resolved, our lawyers can prepare the defence and arrange a trial date. The goal is to make that decision after you understand the evidence, the legal issues, and the risks of going to trial.
The Role of Duty Counsel
Duty counsel are lawyers who provide legal help through Legal Aid Ontario. If you do not have a lawyer and qualify for the service, they may be able to help at your first court date or a bail hearing.
What Can Duty Counsel Help With?
Depending on your case, duty counsel may:
- Explain the charge and what will happen in court.
- Help you understand the Crown Attorney’s disclosure.
- Speak for you at a bail hearing or court appearance.
- Discuss possible next steps with the Crown Attorney.
The help available depends on your circumstances and the services offered at the courthouse.
What Will Duty Counsel Not Do?
Duty counsel generally will not prepare and run a contested criminal trial or act as your lawyer throughout every stage of the case. They also do not normally bring detailed pre-trial applications to challenge police conduct.
For example, an impaired driving defence may require a close review of police notes, video, breath test records, and witnesses. If you want ongoing representation to investigate the evidence and prepare to fight the charge, the criminal lawyer you hire would do this, but not a duty counsel lawyer.
Call Nicholas Charitsis at 416-731-7113 to discuss your charge, your court date, and how we can help.
What Is Crown Disclosure in a Criminal Case?
Disclosure is the evidence the Crown Attorney has about your charge.
The disclosure lets you and your defence lawyer see the allegations and evidence against you. You will usually receive an initial disclosure package before or around your first court date. More records may arrive later.
Opening the package can feel overwhelming. Police notes may use short forms you do not recognize. A video may be hard to play. A breath test record may show numbers without explaining what happened before the test. Our criminal lawyers can put those pieces in order and explain what matters.
What Could Be in Your Disclosure?
The contents depend on the charge. A package may include:
- The formal document listing your charges.
- Police notes and a summary of the allegations.
- Witness statements, photographs, or video.
- Reports and records from any tests police conducted.
- A charge screening form showing the Crown Attorney’s early position on the case.
For an impaired driving charge, our lawyers may also look for roadside and station video, breath test records, and the times recorded for the stop, arrest, demands, and samples.
What Do Our Lawyers Look For?
We do more than read the police summary. We compare it with the notes, recordings, and test records. Does the video support what an officer says they saw? Do the recorded times fit the officer’s account? Was a breath demand made at the right stage of the investigation?
A difference in the evidence does not automatically defeat a charge. It may, however, raise a question that needs to be investigated or put to a witness at trial. That review helps us build a defence strategy based on the evidence in your case.
What If Evidence Is Missing?
An initial disclosure package may be incomplete. Our lawyers can ask the Crown Attorney for relevant missing material and follow up as the case moves forward. Tell us if you know about a camera, message, witness, or record that does not appear in the package.
What Is a Pre-Trial in an Ontario Criminal Case?
A pre-trial is a meeting to discuss your case before a trial takes place. It gives the lawyers a chance to identify the issues, deal with missing evidence, and see whether the charge can be resolved. A pre-trial does not decide whether you are guilty.
There are two common types: a Crown pre-trial and a judicial pre-trial.
What Happens at a Crown Pre-Trial?
Our criminal lawyers meet with the Crown Attorney to discuss the evidence and the Crown’s position. We may point out a problem with a witness’s account, ask for missing disclosure, or raise a legal issue that could affect the case.
In an impaired driving case, the discussion might involve the grounds for a breath demand, test records, or video that differs from the police notes. The Crown may offer a way to resolve the charge. We explain any offer and its consequences to you. You decide whether to accept it or continue fighting the charge.
What Happens at a Judicial Pre-Trial?
At a judicial pre-trial, a judge meets with the Crown Attorney and defence lawyer. They discuss the issues that remain, whether a resolution is possible, and what the trial would need. For example, they may identify which witnesses must testify and how much court time is required.
The meeting can help both sides understand the risks of a trial. It does not replace the trial or require you to accept an offer.
After the pre-trial, our lawyers review the discussion with you. We explain your choices and prepare the next step based on your instructions.
Speak With Nicholas Charitsis Today
You’ll speak directly with Nicholas Charitsis—not a call centre or an intake representative.
When you call Charitsis Law, you’ll speak directly with Toronto criminal lawyer Nicholas Charitsis. He’ll answer your questions, explain your legal options, and help you understand the evidence against you.
Call 416-731-7113 today to arrange your confidential case review.
FAQs After Release from Police Following an Arrest
Q. What should I do when I get home after an arrest?
A. Put all your police and release papers in one place. Check your court date, fingerprint date, and any conditions you must follow. Write down what you remember about the arrest while it is fresh. Then speak with our criminal lawyers so we can review the charge and explain what happens next.
Q. Can I drive after being released on an impaired driving charge?
A. Do not assume that being released from custody means you can drive. Check the licence suspension papers police gave you and confirm the dates. An immediate suspension can affect your driving privileges while the criminal charge is still before the court. Ask us to review any document you do not understand.
Q. What if I have not received disclosure before my first court date?
A. You still need to deal with your court date. The Crown Attorney usually provides initial disclosure before or around the first appearance, but some records may come later. Our lawyers can help request the package, check what is missing, and explain the evidence as it arrives.
Q. Can a criminal lawyer attend court for me?
A. Often, yes. If you retain Charitsis Law, you can sign a Designation of Counsel that lets our lawyers appear for you at many routine court dates. Some proceedings require you to attend, and the court can order your attendance. We will tell you when you need to be there.
Q. Can I change a no-contact order or another release condition?
A. There may be a legal way to ask for a change, but you must follow the condition until it is changed through the proper process. Do not rely on the other person’s permission to contact them. Show our lawyers your release papers so we can explain the condition and your options.
