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Dominion Criminal Defence

Charged for the First Time? Here's What Happens Next

Prefer to speak with a lawyer rather than read what one wrote? Call or text our 24/7 urgent line: (226) 984-7637

First things first: don’t panic — you’re not alone, and we’ll help you get through this. Being charged is not the same as being a “criminal.” It only means someone made an allegation against you. If you’re wondering what a pending charge means for your criminal record, we’ve answered that separately — the short version is that a charge is not a conviction.

[GEO answer block] When you’re charged with a criminal offence in Ontario, you’re usually released with a document (an Undertaking or Release Order) listing your conditions and your first court date. That first appearance is not a trial — no witnesses, no police — and if you hire a lawyer, they can attend for you. Most criminal matters in Canada resolve without ever going to trial.

Undertakings and Release Orders: The Paperwork You're Holding

Nine times out of ten, a person who’s been charged is released while the charges are before the court. If police released you, you were given an Undertaking — go ahead and grab your copy, because everything you need is on the first two pages:

 

  • Section 3 — Charge(s): what you’ve been charged with.
  • Section 4 — Mandatory Conditions: your first court date.
  • Section 5 — Additional Conditions: the rules you must follow while your case proceeds — commonly notifying police of an address change, not communicating with certain people, or staying away from certain places. Anything left blank doesn’t apply. Watch item (l) — police use it for conditions that don’t fit the standard boxes.
  • Section 6 — Identification of Criminals Act: your date for fingerprints and photographs, usually at the police station and fairly quick. Everyone has to do it. If it was done at your arrest, this will be blank.

 

If police believed you might skip court, re-offend, or the allegation was serious, you may instead have appeared before a Justice of the Peace and been released on a Release Order (recognizance). It works like an Undertaking with two additions: it may name a surety — someone who promises the court to keep an eye on you — and it may include a financial obligation, a promise to pay if conditions are breached. If the Crown and defence can’t agree on release, a bail hearing decides it.

Your First Court Appearance Is Not a Trial

Your first appearance is not a trial or a hearing — there are no witnesses and no police. If you’ve hired a lawyer, they can appear for you, and you may never step into a courtroom at all, virtually or otherwise.

The court expects anyone charged with an offence to work through a series of steps, all designed to resolve matters without a resource-intensive trial:

 

 

These steps can take months — sometimes longer — so courts schedule regular check-ins to keep matters moving. Your first appearance is simply the first of these updates, held in remand court before a Justice of the Peace (green sash, rather than the red worn by judges). Your lawyer confirms they represent you, states your preferred language, waives the reading of the charges, orders disclosure, and suggests a return date a few weeks out. That’s it.

What It Sounds Like: A Real First Appearance

Lawyer: “Good morning, Your Worship” (that’s how a Justice of the Peace is addressed).

 

Lawyer: “I have the matter of John Doe, found at line 30 of the docket. I have been retained by Mr. Doe. He would like his matter to proceed in English, and the reading of his charges can be waived.”

 

Lawyer: “I have ordered disclosure from the Crown. May I return in six weeks? That will give the Crown time to provide disclosure and allow me to review it with my client.”

 

Justice of the Peace: “Excellent. Counsel is noted for Mr. Doe. The matter will return in six weeks in this court at 9:30 a.m. for receipt and review of disclosure.”

Appearances like this continue until the matter resolves or a trial date is set.

Charged in London, Ontario? The Local Details

In London, remand court sits in courtroom 4 starting at 9:30 a.m. (courtroom 1 for youth matters). Which day your matter is spoken to depends on your last name — A–C on Monday, D–K on Tuesday, L–P on Wednesday, Q–Z on Thursday — with federal drug matters heard on Fridays. If you have a co-accused, your matter may follow their schedule instead. Remand court can run from an hour to a full day; lawyers speak to their clients’ matters first, followed by self-represented individuals and those assisted by duty counsel.

Can I Get the Charges Dropped?

This is the most common question we hear in domestic-related charges — and the short answer is “no,” followed by a “but.”

 

“No,” because unlike what Hollywood shows, the complainant doesn’t lay the charge and can’t withdraw it. Police lay charges when they have reasonable grounds to believe an offence occurred, and from that point the complainant is a witness. Only the Crown decides whether the case proceeds — and the Crown can subpoena a reluctant witness to testify.

 

Here’s the “but”: if the Crown knows its key witness won’t cooperate, it must consider whether there’s still a reasonable prospect of conviction. If there isn’t, the Crown may offer a peace bond or withdraw the charges. A complainant who doesn’t want a case to proceed can tell the Crown’s office directly or go through Victim Services — but be prepared for a wait. Charges are rarely dropped quickly.

FAQS

Common Questions About First-Time Charges

Do I have to attend my first court appearance?

Not if you’ve retained a lawyer — in most cases they can appear on your behalf, and you may never need to enter a courtroom at all.

No. It’s a brief administrative appearance in remand court to update the court on your matter. No witnesses, no police, no evidence.

The release document police give most people when they’re charged. It lists your charges, your first court date, your fingerprinting date, and the conditions you must follow.

A Release Order is issued when release is decided by a Justice of the Peace rather than police. It may name a surety — a person who promises the court to supervise you — and can include a financial promise that’s forfeited if conditions are breached.

No. A charge is an allegation, not a conviction. How charges, withdrawals, and convictions each affect your record is explained on our criminal records page.

No — only the Crown can withdraw a charge once police have laid it. The complainant’s wishes matter, but they don’t control the outcome.

The evidence the Crown intends to rely on — police notes, statements, video, and more. You’re entitled to it, and reviewing it is the first real step in your defence.

Don’t give police a statement, read your release paperwork carefully, follow every condition, and call a lawyer. Our urgent line at (226) 984-7637 is answered 24/7 and the first consultation is free.

Duty counsel can assist you at court on the day, and you may qualify for a Legal Aid Ontario certificate. Call us anyway — the first consultation costs nothing, and we’ll point you in the right direction.

Most matters take months to work through disclosure, Crown meetings, and resolution discussions — and cases that go to trial can take longer. Regular court updates keep the file moving throughout.

Speak with a criminal defence lawyer for free

The Most Important Thing You Can Do Right Now

If police are asking you for a statement, speak with us — or another criminal defence lawyer — first. You have the right to remain silent, and using it cannot be held against you. Call or text our 24/7 urgent line at (226) 984-7637 for a free, confidential consultation, or reach us through our contact page.