If you are currently being questioned, detained, or about to be interviewed by police, call me directly at 647-547-6734 before you say anything else. The first words out of your mouth matter more than anything you'll do later.
1Stop talking. To everyone.
This is the single most important rule. Anything you say, to police, to friends on Snapchat, to coworkers at lunch, can and will be used against you. The Crown builds cases out of statements people thought were harmless.
- Do not try to "explain" what happened to police. They are not your friends. They are gathering evidence.
- Do not text or call the complainant. If there is a no-contact condition on your release, this is a new criminal charge on top of whatever you already face.
- Do not post anything online. Social media is the first place the Crown looks. Screenshots last forever.
- Tell only your lawyer the full story. Conversations with me are protected by solicitor-client privilege and cannot be used against you.
2Know what you must (and must not) say to police
You have to provide ID if you have been detained, arrested, or stopped in a vehicle. You have to provide a roadside breath sample if requested under the Highway Traffic Act or the Criminal Code for impaired driving. Beyond that, you have the right to silence. Use it.
Say clearly: "I want to speak to a lawyer before I say anything." Then say nothing else. Police are allowed to keep talking to you. You are allowed to keep saying nothing.
3Write everything down, in private
As soon as you are somewhere safe and private, write a detailed account of what happened: names, times, locations, witnesses, what was said, what you saw. Memory fades fast and details matter at trial.
Write it as a private note for your lawyer only. Do not share it with anyone else. If you put it in a text message or an email and the Crown gets hold of it, it becomes evidence.
4Preserve your evidence
If you have text messages, photos, videos, receipts, security camera footage, or anything else that could help your case, back it up immediately. Do NOT delete anything. The Crown can often recover deleted data and deletion looks like consciousness of guilt.
This applies whether you are facing assault, domestic violence, fraud, or any other charge. Evidence that disproves the Crown's narrative is your most powerful asset.
5Comply with bail conditions, exactly
If you have been released on bail, the conditions on your release document are not optional. A breach, even a technical or accidental one, going near a place you cannot go, contacting someone you cannot contact, is itself a separate criminal charge. The Crown treats bail breaches very seriously.
If a condition makes your life unworkable (you cannot access your home, cannot see your children), speak to a lawyer immediately. Conditions can sometimes be varied by the court. Do not just ignore them.
6Call a criminal lawyer the same day
The earlier a lawyer is involved, the more options exist. In some cases I can speak to the Crown before charges are finalized and head off the worst outcomes entirely. Once your first court date is set, the clock on your defence starts running.
For most first-time offenders facing minor charges, such as simple assault, theft under $5,000, uttering threats, or minor drug possession, I can frequently resolve the case without a criminal record through diversion, peace bonds, withdrawals, or discharges. But that requires early action and a clear strategy.
For more serious charges, such as sexual assault, domestic violence, or weapons offences, early retention is even more critical. The Crown in these matters rarely backs down without a compelling defence built from the start.
7Start "upfront work" early
If your charge is minor, voluntarily completing counselling, anger-management, addiction treatment, or community service before being ordered to, dramatically strengthens your negotiating position with the Crown. It demonstrates to the prosecutor and to the judge that you take the situation seriously and are already taking steps to address it.
This approach is particularly effective in domestic violence and assault matters where the Crown will be looking for evidence of insight and accountability. See also: how to avoid a criminal record in Ontario.
By charge type: where to start
Every charge is different. Here is where to read more based on what you are facing.
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