Criminal Lawyers

Being arrested, charged or called in by the police is stressful, and what you do in the first hours can matter. A criminal lawyer explains the charge, protects your rights and guides you through each step of the case, from the police station to the final decision. On this page you can learn how a criminal case works in Quebec and in Ontario, then compare criminal defence lawyers and send a consultation request.

What a criminal lawyer does

A criminal lawyer, also called a criminal defence lawyer, represents people who are accused of an offence or are under investigation. The other side of the case is the prosecutor, who acts for the state. Your lawyer works only for you.

• Advice after an arrest: explaining your rights, the charge and what happens next.
• Release and bail: arguing for your release and for conditions you can live with.
• Disclosure: obtaining and reviewing the evidence the prosecution has against you.
• Negotiation: discussing the charges or the outcome with the prosecutor.
• Trial: challenging the evidence, including how it was obtained, and presenting your defence.
• Sentencing: arguing for a fair sentence if you plead guilty or are found guilty.

When to call a lawyer

The earlier a lawyer is involved, the more options you usually have. Call one if:

• You have been arrested or detained, or someone close to you has.
• You received a summons, an appearance notice or a promise to appear.
• The police contacted you or asked you to come in for an interview.
• You are thinking of giving a statement. Get advice first.
• You have release conditions you do not understand or cannot respect.
• You have a court date coming up and no one to represent you.

Your rights if you are arrested

If you are arrested or detained anywhere in Canada, the Canadian Charter of Rights and Freedoms protects you.

• The right to know why: the police must promptly tell you the reason for your arrest or detention.
• The right to a lawyer: you can speak to a lawyer without delay and in private, and the police must tell you about this right. You can ask to call the lawyer of your choice.
• The right to remain silent: you generally do not have to answer police questions, and what you say can be used as evidence.

If you do not have a lawyer, ask to speak to a legal aid duty lawyer. Both Quebec and Ontario offer free legal advice to people who have just been arrested or detained.

Common criminal charges

Each of these has its own page, with lawyers who take that kind of case:

• Impaired driving: driving while impaired by alcohol or drugs, or refusing a test.
• Assault: from simple assault to charges involving a weapon or injury.
• Theft and property offences: shoplifting, break and enter, mischief or possession of stolen property.
• Drug offences: possession, trafficking or production.
• Domestic violence: charges arising from a conflict with a partner or family member, often with strict release conditions.
• Youth matters: young people aged 12 to 17 are dealt with under a separate system.
• Record suspensions: clearing an old conviction from public records once you are eligible.

Fraud, threats, weapons offences and breach of conditions are also common, and a criminal lawyer can advise on any charge under the federal Criminal Code.

How a criminal case works

Criminal law is federal, so the offences and the basic rules are the same across Canada. Some offences are less serious (summary conviction offences), others more serious (indictable offences), and many can be prosecuted either way, at the prosecutor's choice. Who prosecutes and which court hears the case depend on the province.

Most cases follow the same broad steps:

• Arrest, or a document telling you when to come to court.
• A first appearance, where the charge is formally read.
• Release, with or without conditions, or a bail hearing.
• Disclosure of the evidence to the defence.
• An outcome: charges withdrawn, a negotiated resolution, a guilty plea or a trial.

In Quebec

Most cases are prosecuted by the Director of Criminal and Penal Prosecutions (DPCP). They are usually heard by the Court of Québec, Criminal and Penal Division; some of the most serious cases, including jury trials, go to the Superior Court. You can deal with the court in French or in English.

In Ontario

Cases are prosecuted by Crown prosecutors. Most are heard in the Ontario Court of Justice, where bail hearings are usually held before a justice of the peace. The most serious cases, including jury trials, go to the Superior Court of Justice. Our guide on what kind of lawyer you need in Ontario can help if your situation involves more than one area of law.

Release and bail conditions

After an arrest, you may be released by the police or held for a bail hearing. If you are released, you usually get a court date and, often, conditions. If you are held, a judge or justice of the peace decides whether you are released and on what terms.

Common conditions include:

• No contact with certain people, including the complainant.
• Staying away from certain places or addresses.
• A curfew, or living at a set address.
• Not possessing weapons, or not driving.

Conditions apply until they are changed or the case ends. Breaching one is a separate offence and can lead to a new arrest. If a condition no longer makes sense, a lawyer can ask the prosecutor or the court to change it. Do not simply ignore it.

Possible outcomes

Not every case ends in a trial. Before advising you, a lawyer reviews the disclosure to assess the strengths and weaknesses of the case.

• Charges withdrawn or stayed: the prosecutor may decide not to go ahead, or the proceedings may be stopped.
• Alternative measures or diversion: for some offences and some people, a program outside the regular court process may be offered instead of a conviction.
• Guilty plea: your lawyer presents sentencing submissions, sometimes jointly with the prosecutor.
• Trial: the prosecution must prove guilt beyond a reasonable doubt. Your lawyer can challenge the evidence.

No lawyer can guarantee a result. What a lawyer can do is explain the realistic options in your situation so you can make an informed decision.

Youth cases

Young people aged 12 to 17 are dealt with under the federal Youth Criminal Justice Act, which focuses on rehabilitation and gives teens added protections. In Quebec, these cases are heard by the Court of Québec, Youth Division; in Ontario, most are heard in the Ontario Court of Justice. The teen has their own right to a lawyer, and that lawyer acts for the young person, not the parents.

How much does a criminal lawyer cost?

There is no single price. Each lawyer sets their own rates, and the cost depends on the charge, on how complex the evidence is and on how far the case goes. Some lawyers bill by the hour; others quote a fixed fee for a stage of the case, such as a bail hearing or a trial. On JustiConnect, each lawyer's rates are shown on their profile, so you can compare before you send a request. At the first consultation, ask how they charge and what the total is likely to include.

Legal aid in Quebec

If your means are limited, you may qualify for legal aid, free or with a contribution. Eligibility depends on your income and on the type of case. The Commission des services juridiques administers legal aid in Quebec, and many private lawyers accept legal aid mandates.

Legal aid in Ontario

Legal Aid Ontario can issue a legal aid certificate to pay for a lawyer if you meet its income and case criteria. Duty counsel lawyers at the courthouse can also help with a first appearance or a bail hearing, even if you do not yet have a lawyer.

How to choose the right lawyer

The right lawyer is someone you trust to handle your kind of charge, in your court, in the language you are most comfortable with.

• Check they are licensed: a lawyer must be a member of the Barreau du Québec to practise in Quebec, or of the Law Society of Ontario to practise in Ontario.
• Ask about their experience with your type of charge and with the court where your case will be heard.
• Ask how they communicate: who you will deal with, how quickly they answer, and in which language.
• Talk about fees early: how they bill, what a stage of the case usually involves, and whether they accept legal aid.

Our guide on how to choose a lawyer in Quebec goes through the questions to ask at a first meeting.

Find a criminal lawyer near you

Most of the criminal lawyers on JustiConnect practise in Quebec. Ontario listings are fewer for now, mainly around Ottawa and Toronto. Pick the place where your case will be heard:

Quebec

• Criminal lawyers in Montreal
• Criminal lawyers in Laval
• Criminal lawyers in Longueuil
• Criminal lawyers in Quebec City
• Criminal lawyers in Gatineau
• Criminal lawyers in Sherbrooke
• Criminal lawyers in Trois-Rivières
• Criminal lawyers in Rimouski
• All criminal lawyers in Quebec

Ontario

• Criminal lawyers in Ottawa
• Criminal lawyers in Toronto
• All criminal lawyers in Ontario

You can also search criminal lawyers by city, language, rates and availability.

How a consultation request works

Pick a lawyer from the list below and look at their profile, rates and availability. Send a consultation request with the time that suits you. The lawyer then accepts it, declines it or proposes another time.

Frequently asked questions

Is a criminal lawyer the same as a criminal defence lawyer?

Yes. Both terms describe a lawyer who represents the person accused. The lawyer who prosecutes the case for the state is a prosecutor: a Crown prosecutor in Ontario, or a prosecutor with the DPCP in Quebec.

Do I need a lawyer for a first offence?

It is strongly recommended. Even a first charge can lead to a criminal record, conditions and consequences for work or travel. A lawyer can review the evidence and check whether options such as alternative measures or a discharge may be available.

Will I have a criminal record?

It depends on how the case ends. If the charges are withdrawn or stayed, or you are acquitted, there is no conviction. If you are found guilty, the judge may in some cases grant an absolute or conditional discharge, which means you are not convicted, although a record of the discharge is kept for a period. Otherwise, a conviction results in a criminal record.

What happens if I miss a court date?

Missing a court date is serious. The court can issue a warrant for your arrest, and failing to appear can lead to a separate charge. If you think you will miss a date, or already have, contact a lawyer right away.

Can a criminal record be suspended?

Often, yes. A record suspension, once called a pardon, is decided by the Parole Board of Canada, and eligibility depends on the offence and on the sentence having been completed. Our guide on applying for a record suspension explains the steps.

Can I travel to the United States with a charge or a record?

It can be a problem. US border officers decide who may enter, and a pending charge or a criminal record can lead to a refusal. Speak with a lawyer before you plan a trip.