The Unpleasant Truth
By Hans 'John' Kalina | Originally published August 24, 2016 | Reviewed and updated October 7, 2026
I once came across a cartoon showing two booths. One offered comforting lies and had a long line. The other offered the unpleasant truth and had no line. It captured a difficulty that often arises when someone first faces a serious legal problem: the answer they most want to hear may not be the answer that helps them.
A criminal charge can leave a person frightened, angry and desperate for life to return to normal. The pressure may affect family, work, finances and reputation before the case is resolved. Good advice should acknowledge that distress without turning reassurance into a promise.
An allegation is not a finding of guilt
Being charged does not mean the allegation has been proved. Nor does an early prediction establish that the charge will disappear. The evidence must be examined, the legal issues identified and the available options explained. A lawyer should distinguish what is known, what remains uncertain and what can realistically be done next.
The difficult truth may be that the case will take time, that a release condition disrupts family life, or that there is evidence requiring a careful response. It is not that the accused must accept every allegation or abandon a legitimate defence.
Take release conditions seriously
Release from custody is not the end of the case. A release order may restrict communication, residence, movement or other activities. Read the actual undertaking or order, including any exceptions, rather than rely on a general description from someone else.
If a condition prohibits direct or indirect contact, a message through a relative or friend may create a problem. Another person’s willingness to communicate does not, by itself, change the condition. Failing to comply without lawful excuse can lead to a separate criminal allegation. Seek advice about a lawful variation; do not arrange an informal workaround.
Whether a person is released by police or brought before a court depends on the circumstances and the applicable law. A general comparison between Toronto and Peel Region is not a reliable prediction of what will happen in an individual case.
Ask for advice, not a guarantee
Ontario’s professional-conduct rules require honest and candid advice. That means explaining a significant risk even when the client understandably wants a more reassuring answer. It also means explaining reasonable choices, not simply delivering bad news.
Useful questions include: What evidence is available? What still needs to be obtained? Which deadlines and conditions matter now? What options can be considered, and what are their risks and costs? What would change the assessment?
A second opinion can be useful. Different lawyers may reasonably assess a case differently, particularly before disclosure is complete. Compare the reasons and assumptions behind the advice. A confident promise is not a substitute for a reasoned explanation.
Use information without being overwhelmed by it
Internet research may help identify questions, but it can also confuse a person’s situation with another case involving different facts, charges or law. Bring relevant information to counsel and ask how it applies. Advice tailored to the actual record is more useful than either a frightening anecdote or a promise of an easy result.
Tell your lawyer the relevant facts, including the difficult ones. Preserve documents and messages, keep track of court dates, and ask for clarification where advice is not understood. Decisions are easier to make when the information is accurate and the next steps are clear.
The value of candid advice
Our view remains that an unpleasant truth, explained respectfully and in context, gives a person the tools to make a better decision. Candid advice should protect choices, not shame the person seeking help. The aim is informed action rather than either false comfort or unnecessary alarm.
Related guidance
For advice about your circumstances, contact our office. General information only, not legal advice.