Anatomy of a Criminal Proceeding
Original article: April 22, 2019 | By Hans 'John' Kalina | Reviewed and updated October 6, 2026
What does a criminal defence lawyer actually do? Television often makes the process look like a dramatic confrontation with a prosecutor. In practice, effective representation depends on careful preparation, sound advice and informed decisions at each stage. Not every case follows the same route, and a charge is not a finding of guilt.
Charges, arrest and the first court appearance
A case can begin with a summons, an appearance notice or an arrest. Arrest is not required in every prosecution. If arrested or detained, ask to speak to a lawyer and obtain advice before answering questions about the allegations. Our article on the right to remain silent explains why that advice matters.
The Ontario Court of Justice’s step-by-step guide describes the usual stages, including case-management appearances. Read your court documents carefully and follow attendance requirements. If you cannot attend or do not understand a release condition, seek advice promptly rather than simply missing court or changing your arrangements.
Release or detention
Police may release an accused, or the accused may be brought before a justice for a bail hearing. Depending on the charge and circumstances, a justice of the peace or judge decides whether release is appropriate and what conditions are required. Detention and release orders may be reviewable through the applicable process. See Bail Hearings and Sureties. Counsel can help prepare a release plan, but no lawyer can guarantee release.
Disclosure and defence preparation
Whether the accused is detained or released, counsel needs to understand the case. The Crown generally must disclose relevant information in its possession or control, subject to rules such as privilege and other lawful restrictions. Disclosure may include police notes, witness statements, recordings, photographs and expert reports. Receiving a package does not necessarily mean disclosure is complete.
We review the allegations and evidence with our client, obtain their account, identify missing information and assess possible defences. Records and potential witnesses should be identified early. Evidence must be preserved; no one should contact a complainant contrary to release conditions or attempt to influence a witness. The defence strategy should be grounded in the evidence, not an assumption about what a court will believe.
Pre-trials, resolution and the guilty-plea decision
Crown pre-trials and judicial pre-trials can address disclosure, trial issues, scheduling and possible resolution. A judicial pre-trial is a case-management meeting, not a trial verdict. Its requirements depend on the court and the case. Counsel may explore withdrawal, diversion or a negotiated plea where available, but every case does not require a plea bargain or end with one.
The decision whether to plead guilty belongs to the client, after proper advice. Section 606 of the Criminal Code requires a voluntary plea, an understanding of its nature and consequences, awareness that the court is not bound by an agreement, and facts supporting the charge. Counsel should explain the Crown’s position, available choices and relevant immigration, licensing or other consequences. A proposed resolution is not a reason to plead guilty without understanding what is being admitted.
Choosing the route to trial
The available mode of trial depends on the offence and the Crown’s election where applicable. Some offences permit choices involving the Ontario Court of Justice or the Superior Court of Justice, with or without a jury; others do not. Preliminary inquiries are available only in qualifying cases, not for every indictable charge. The Superior Court’s guide to the steps in a criminal case explains the relevant stages. Counsel should explain any election, deadlines and applications before instructions are given.
Trial, sentence and a possible appeal
At trial, the Crown must prove the essential elements of the offence beyond a reasonable doubt through admissible evidence. Counsel prepares the defence, tests the Crown’s evidence and makes legal submissions. The accused decides whether to testify after advice. Basic Trial Procedure explains the evidence and decision-making stages.
An acquittal ends the charge tried, subject to any lawful appeal; other charges, warrants or detention orders may still matter. A finding of guilt leads to sentencing, either immediately or on a later date. An appeal is not automatic after an unfavourable outcome and is not simply another opportunity to tell the same story. Grounds, the correct court, any required permission and deadlines must be assessed promptly.
Related guidance
For advice about your circumstances, contact our office. This article provides general information, not legal advice.