A Comprehensive Guide to Criminal Court Proceedings in Toronto

Facing criminal charges in Toronto or the surrounding areas can be a daunting experience. The complexities of the legal system and the potential life-altering consequences make it essential to understand the criminal court proceedings in the Greater Toronto Area. In this comprehensive guide, we will walk you through each stage of the process, shedding light on the various steps involved and providing valuable insights to help you navigate the system with confidence.

Whether you’re facing charges for the first time or simply seeking to educate yourself on the legal process, this guide offers the essential information required to better comprehend the intricacies of criminal court proceedings in Toronto.

Armed with a deeper understanding of the steps and players involved, you’ll be better prepared to make informed decisions and work closely with your legal team for the best possible outcome in your case.

A Comprehensive Guide to Criminal Court Proceedings in Toronto
1. Laying of Charges and Initial Arrest

The criminal court process begins when the police arrest a suspect and lay formal charges based on the Criminal Code of Canada. After the arrest, the accused is taken into custody and may be held for a bail hearing or released on bail with certain conditions. In some cases, the police may release the accused on a Promise to Appear or Undertaking before they even get to the bail hearing stage.

2. Bail Hearing

A bail hearing, also known as a judicial interim release hearing, is held within 24 hours of an arrest or as soon as possible following that timeframe. This hearing’s purpose is to determine whether the accused should remain in custody while awaiting their trial or be released on bail.

The Crown prosecutor may argue to keep the accused in custody based on flight risk, likelihood of reoffending, or the severity of the crime. If released, the accused will need to follow conditions laid out by the court and release documents. These conditions may include no-contact orders, curfews, or geographical restrictions.

3. Disclosure and Case Conferences

Following the bail hearing, the next step in the criminal court process is disclosure. The Crown prosecutor is required to provide the accused and their lawyer with a copy of all the evidence against them in their case. This disclosure may include witness statements, police reports, and expert opinions. Your defence lawyer will review this material to determine the most appropriate strategy for your case.

Case conferences, or pre-trial meetings, are held between the Crown and defence counsel to discuss and possibly resolve the case without going to trial. These informal meetings can result in an agreed resolution or identify outstanding issues to be decided at trial.

4. Preliminary Hearings

In cases involving an indictable offence, a preliminary hearing may take place to determine whether there is enough evidence for the case to proceed to trial. This hearing is held before a judge, with the Crown prosecutor presenting evidence and calling witnesses to testify. The accused’s defence lawyer can cross-examine these witnesses and challenge the evidence presented. If the judge determines that there is sufficient evidence, a trial date will be set.

5. Choosing Trial by Judge or Jury

For those facing more serious indictable offences, the accused will have the option to choose whether their case will be tried by a judge alone or judge and jury. This decision should be made in consultation with your defence lawyer, considering the factors surrounding your case and the type of trial that may provide the most favourable outcome.

6. Pre-Trial Motions

Installed directly into a vehicle’s ignition system, an IID requires the driver to blow into a mouthpiece before starting the car. The device measures the individual’s blood alcohol concentration (BAC) and only allows the vehicle to start if their BAC meets the predetermined limit, usually well below the legal level of impairment. Some devices may also require random retests while the vehicle is in motion, ensuring continuous sober driving.

7. Trial Process

During the trial, the Crown prosecutor and defence lawyer present their cases before the judge or jury. The Crown has the burden of proving guilt beyond a reasonable doubt. This is accomplished by presenting evidence and calling witnesses to testify. The defence, on the other hand, will challenge the evidence and witness testimony to create reasonable doubt.

The trial process typically follows a set order, beginning with opening statements from the Crown prosecutor, followed by presentation of the Crown’s case, including witness testimony and evidence. The defence may then present their case, which may or may not include calling witnesses or providing additional evidence. Both the Crown and defence have the opportunity to cross-examine witnesses.

After each side presents their case, closing statements are made, summarizing the principal arguments and addressing any issues raised during the trial. In a jury trial, the judge will then instruct the jury on the relevant legal principles to be applied before they begin their deliberations.

8. Verdict and Sentencing

At the end of the trial, the judge or jury will announce a verdict of guilty or not guilty. If the accused is found not guilty, they will be acquitted, and the criminal proceedings will end. If found guilty, a sentencing hearing will be scheduled.

During the sentencing hearing, both the Crown and the defence will present their positions on the appropriate sentence for the accused. The judge will consider various factors, such as the nature and gravity of the offence, the offender’s criminal history, and personal circumstances before delivering the sentence. Sentences can range from fines and community service to probation, incarceration, or a combination of penalties.

Knowing each stage of the criminal court proceedings in Toronto can help you better understand and prepare for the legal challenges you may face. Ensure that you discuss every aspect of your case with an experienced criminal defence lawyer to make informed decisions throughout the process.

Empower Yourself with Knowledge and Legal Expertise

Understanding the criminal court proceedings in Toronto and the Greater Toronto Area is essential for navigating the legal system effectively and making informed decisions at every step of the process. It’s vital to have a skilled and experienced criminal defence lawyer by your side to guide you, protect your rights, and present your case in the best possible light.

If you’re facing criminal charges in Toronto, don’t leave your future to chance. The legal professionals at Calvin Barry Professional Corporation are experienced in handling all aspects of criminal court proceedings and are dedicated to providing personalized, effective representation for your unique case. 

Schedule a consultation with our team today to discuss your case and begin planning your legal strategy for the best possible outcome.

Be open and honest with your lawyer to give them the best chance of successfully defending you. Contact Calvin Barry today if you need a DUI lawyer in Toronto or the surrounding area.

Get In Touch

Contact Calvin Barry Today.

Contact an experienced criminal defence lawyer in Toronto to fight for your case.

Be open and honest with your lawyer to give them the best chance of successfully defending you. Contact Calvin Barry today if you need a DUI lawyer in Toronto or the surrounding area.

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A huge thank you to Calvin, Jeremy and everyone who helped me. There were rocky parts of the process due to the stress of the case on myself, but the team got me through the rough parts. There was so much going through my mind simultaneously throughout. I thought we were going to trial, but the team was confident and did an amazing job. I was absolutely amazed by the conclusion. I am forever in debt and grateful for your work. Super happy to get a second chance.
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A big thank you to Calvin and his team. Jeremy Naresh was available most times that I called. He would respond by phone or email and kept us updated. The process was longer than expected due to Covid and as a family we were prepared for a whole set of scenarios. Maybe a fine, maybe something worse. For us to have come out of this with no charges, no fines, no points, is absolutely amazing. The professionalism and expertise that this firm has was second to none. Thank you so much.
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I am very happy with the outcome of my case. I was charged with some very serious offences and I'm happy that I don't have to go to trial and I got an outcome I never thought I could get. Also, the whole staff from Calvin, Jeremy, Ahmad and Rupin were great in terms of helping me with my issues. From the law side to the personal side of things, they helped me tremendously.
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Gustav Saldivar
I really appreciate all the help and swift responses from Jeremy and the entire team; Everything was looked after professionally. This is one thing I've never dealt with before and hopefully never again. When it first happened I didn't even know where to start, but Calvin came highly recommended from a friend. I got the best possible outcome for my case and I appreciate all the hard work. I won't hesitate to recommend you to anyone in a similar situation. Also, don't take this the wrong way, but I hope I never have to talk to you again! Lesson learned!
Margaret Mitchcock
Margaret Mitchcock
I am very happy with the outcome. It could have been a lot worse without the knowledge and experience of Jeremy Naresh. Jeremy guided me through everything and provided me the guidance to allow me to make informative decisions with my case. I appreciate everything you’ve done for me.
Kary Anderson
Kary Anderson
I am very happy I went with Calvin Barry’s law firm. I was charged with over .80 Rohit was able to get the charge dropped. Sohrob was a big help in keeping me updated on the case also. Hopefully I’ll never need a lawyer again but if I do I won’t go anywhere else but here.
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Tyler Drumm
I want to personally thank you for all your help with my DUI charge from September 2021. At the time I was charged with impaired and had readings of just over 300. It was a scary time for me and the help, professionalism and kind nature of you and your office staff helped me through this difficult journey. I am truly appreciative I have been conditionally discharged with dangerous driving and not something more serious. Thank you again for all your help.
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I was caught drinking and driving 3 years ago. I am a licensed financial professional and would lose my job if I got convicted. I started out with a cheapo lawyer and realized he wasn’t there to win, only to collect more fees. I fired him and got Calvin to take over my case at the last minute. He showed up in court, got the case delayed and over 3 years grinded them down and got me off, no criminal record, finger prints and photos destroyed. If you want to win, Calvin is your man.
LG
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