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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.
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.
Bail Hearings
Our criminal defence practice provides strategic representation at every stage of the bail process.
Learn MoreAssault
Assault charges can arise from emotionally charged moments, and the legal consequences are often severe regardless of context or intent.
Learn MoreDrug Offences
Drug charges can have serious, lasting consequences, especially when they involve trafficking, production, or possession for the purpose of trafficking.
Learn MoreTheft and Robbery
Theft and robbery charges can result in jail time, permanent criminal records, and significant personal consequences.
Learn MoreYouth Offences
Young persons charged under the Youth Criminal Justice Act face a different legal process, but the consequences can still be life-altering.
Learn MoreSexual Offences
Allegations of sexual misconduct are among the most serious charges in Canadian criminal law.
Learn MoreImpaired Driving
Being charged with impaired driving, whether by alcohol or drugs, can result in immediate licence suspensions, fines, criminal records, and even jail time.
Learn MoreCriminal Harassment
A criminal harassment charge can arise from repeated communication, unwanted contact, or surveillance that causes another person to fear for their safety.
Learn MoreWeapons and Firearms
Charges involving weapons or firearms carry serious consequences, including mandatory minimum sentences and potential federal time.
Learn MoreFraud
Fraud charges can involve complex allegations of deception, dishonesty, or financial misrepresentation.
Learn MoreDomestic Assault
Domestic assault charges are treated with particular seriousness by police and prosecutors in Canada.
Learn MoreWhat 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.
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.
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.
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.
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.
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.
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