Being charged with a criminal offence is disorienting. Whether it happened after an arrest, a police interview, or a summons that arrived in the mail, most people don’t know what’s supposed to happen next, and the decisions made in the first 48 hours often matter more than anything that happens later in the case.
This isn’t about panicking. It’s about knowing what to do, what to avoid, and who to call, in the right order, while there’s still time to protect your position.
Hour One: Say As Little As Possible
If you are detained, arrested, or being questioned, you have the right to remain silent and the right to speak to a lawyer without delay. Both rights exist for a reason: almost nothing you say to police in the moment helps your case, and almost anything can be used against you later, including statements made to seem cooperative or to “clear things up.”
• Provide your name, address, and date of birth when legally required to identify yourself.
• Clearly state that you wish to speak to a lawyer before answering any questions.
• Do not explain, justify, or argue your side of the story to police, even if you believe you’re innocent.
• Do not discuss the incident with anyone other than your lawyer, not friends, not family, not on the phone from a police station, and not on social media.
Police are legally permitted to keep questioning you even after you’ve said you don’t want to talk. Repeating “I want to speak to a lawyer” and staying silent is not obstruction, it’s your right.
Hours 1–24: Understand What You’ve Been Charged With
Once released, whether on the scene, after a bail hearing, or by way of a Promise to Appear or summons, you should have documentation showing the specific charge(s) against you, the section of the Criminal Code (or other statute) involved, and any conditions you’re now required to follow.
• What exactly you’re charged with, and whether it’s a summary, indictable, or hybrid offence.
• Any release conditions. no-contact orders, curfews, area restrictions, surrender of a passport or firearms, take effect immediately and are strictly enforced.
• Your first court date, often called a first appearance, and where it will take place.
• Whether you were released by police (with conditions) or held for a bail hearing, which affects what comes next.
Breaching even a minor release condition, texting a person you’ve been ordered not to contact, being in a restricted area, or missing a curfew is itself a new criminal charge, layered on top of the original one. Read your release documents carefully and follow them exactly, even if the conditions seem unreasonable, until a lawyer has had a chance to review them.
Hours 24–48: Call a Criminal Defence Lawyer
This is the point where getting legal advice stops being optional. A lawyer retained early can do things that become far harder, or impossible, later on:
• Review the specific charges and release conditions and flag anything that can be varied or challenged.
• Advise you on what to do (and not do) before your first court date, including whether to have any further contact with police.
• Begin identifying and preserving evidence, messages, witnesses, video, and medical records before it disappears.
• Explain, in plain terms, what the process actually looks like: disclosure, possible resolutions, and realistic timelines.
• Attend your first court appearance with you, or in some cases on your behalf, so you understand what’s happening at every step.
Many people wait to hire a lawyer until closer to their court date, assuming there’s nothing to do before then. In practice, evidence and memories fade, conditions get breached by accident, and opportunities to resolve a matter early can close. The earlier a lawyer is involved, the more options are still on the table.
Mistakes That Make a Case Harder to Defend
• Giving a statement to police “to get it over with,” even when you believe you’re explaining your innocence.
• Contacting a complainant or witness directly, even to apologize or ask them to “drop it”, this can lead to a separate charge and looks like witness interference.
• Posting about the charge, the incident, or the people involved on social media.
• Missing a court date or breaching a condition because it wasn’t fully understood.
• Waiting weeks to get legal advice because the first court date “is just a formality.”
What a First Court Appearance Actually Involves
For many charges, the first appearance is procedural, confirming disclosure has been requested, whether a lawyer is retained, and setting a next date. It is rarely the point where a case is resolved. That said, showing up unprepared, without understanding your conditions, or without having spoken to a lawyer at all, is not the position you want to be in, even at this early stage.
You Don’t Have to Figure This Out Alone
A criminal charge can affect your job, your immigration status, your parenting arrangements, and your record for years, so it’s worth treating the first 48 hours seriously. At Kush Law, I represent clients facing summary and indictable charges across Ontario, from the first phone call after an arrest through to resolution. If you or someone you know has just been charged, the right move is a conversation with a lawyer before your next court date, not after.
