- After arrest, police can release you at the scene, release you from the station, or hold you for a bail hearing.
- You have the right to remain silent and the right to speak with a lawyer before answering any questions.
- A bail hearing must generally occur within 24 hours of arrest, or as soon as a justice is reasonably available.
- If released, you will typically be given a court date and, for certain offences, a date for fingerprinting and photographs.
- What you say to police in the hours after arrest is almost always used as evidence — saying nothing is rarely held against you.
- Your first court appearance is usually administrative — most people are not required to speak or explain themselves at this stage.
The Moment of Arrest: What Actually Happens
Being arrested is disorienting, even for people who have done nothing wrong. Understanding the process step by step can help you make better decisions in a stressful moment. In Ontario, an arrest occurs when police take you into custody — this can happen at the scene of an alleged incident, at your home, or after being asked to attend a police station.
The single most important thing to know: from the moment of arrest, everything you say can become evidence. Police are required to inform you of your right to remain silent and your right to speak with a lawyer, typically referred to as your Charter rights.
Your Rights Upon Arrest
Under the Canadian Charter of Rights and Freedoms, you have specific, enforceable rights the moment you are arrested or detained:
- The right to be informed promptly of the reason for your arrest.
- The right to retain and instruct counsel without delay, and to be informed of that right.
- The right to remain silent — you are not required to answer questions about the alleged offence.
- The right to be brought before a justice within 24 hours, or as soon as reasonably possible.
Police may tell you they "just want to hear your side" or that cooperating will help your case. In the overwhelming majority of situations, this is not accurate. Politely state that you wish to speak with a lawyer before answering any questions, and then remain silent until you do.
If you do not have a lawyer, you are entitled to free, immediate advice from duty counsel — a lawyer available specifically to advise people who have just been arrested, regardless of their ability to pay.
The Three Release Options After Arrest
Following an arrest, police have three general options, and most people never end up in the third category:
| Option | What Happens | Typical For |
|---|---|---|
| Release at the Scene | Issued an appearance notice with a future court date, no station processing | Minor offences, low flight risk |
| Release From the Station | Taken to the station, processed (possibly fingerprinted), released with conditions and a court date | Moderate offences |
| Held for a Bail Hearing | Kept in custody until a justice decides on release | Serious offences, prior record, flight risk, public safety concerns |
The Bail Hearing: If You Are Held
If police decide to hold you, you are entitled to a bail hearing — generally within 24 hours of arrest, or as soon as a justice of the peace is reasonably available. At this hearing, a justice decides whether you will be released pending your trial, and on what conditions.
Understanding the Onus
For most offences, the Crown must justify why you should be detained (the standard "ladder" approach favouring release). For certain serious offences or specific circumstances — such as being charged while already on release for another matter — the onus shifts to you to justify your own release, known as a "reverse onus."
A surety is a person who agrees to supervise you while released and pledges an amount of money forfeitable if you breach your conditions. Having a suitable, well-prepared surety significantly improves the likelihood of release, particularly for more serious charges.
Release Conditions: What to Expect
Whether released at the scene, from the station, or after a bail hearing, you will likely be given conditions to follow until your matter is resolved. Common conditions include:
- Reporting to a specific address or remaining within a designated area.
- A no-contact order with a complainant or witness.
- A curfew or house arrest, particularly if released on a surety.
- Abstaining from alcohol or drugs, if relevant to the alleged offence.
- Reporting periodically to a bail supervision program or the police.
Breaching even a seemingly minor condition — such as an accidental contact with a complainant — can result in an entirely new criminal charge for failing to comply, and can jeopardize your existing release. Understand your conditions fully before leaving the courthouse.
Your First Court Appearance
Your first scheduled court date is typically administrative in nature. In many cases, your lawyer can attend on your behalf, and the appearance is used to confirm the charges, discuss disclosure, and schedule next steps — rarely to resolve the case itself.
Someone arrested and released with a future court date retains a lawyer before that date. The lawyer attends the first appearance, requests disclosure from the Crown, and the matter is adjourned to a later date for the lawyer to review the evidence — all without the accused needing to personally appear.
Fingerprinting and Photographs
For many indictable and hybrid offences, you will be given a separate date to attend a police station for fingerprinting and photographs, pursuant to the Identification of Criminals Act. This is a routine administrative step and is not, by itself, an indication of guilt or a criminal conviction.
If your charge is ultimately withdrawn, dismissed, or you are acquitted, you can generally apply to have your fingerprints and photographs destroyed, though this typically requires a formal request rather than happening automatically.
Common Mistakes People Make After an Arrest
Even a truthful, well-intentioned explanation can provide the Crown with evidence, admissions, or inconsistencies that are later used against you. Save your explanation for your lawyer.
Posts, messages, and even private conversations about the case can be obtained by the Crown and used as evidence. Avoid discussing your case anywhere except with your lawyer.
Even a well-meaning attempt to resolve things directly with a complainant can violate release conditions and result in additional charges, regardless of intent.
Missing a court date — even by accident — can result in a warrant for arrest and an additional charge, significantly complicating your situation.
Early legal advice can affect crucial decisions, particularly around bail. Retaining a lawyer immediately, rather than waiting until your first court date, gives you the best possible start.
If you or someone you know has been arrested, call our Toronto criminal defence lawyers immediately at 416-274-2222. We are available 24/7 for emergency consultations.
Frequently Asked Questions
No. You have the right to remain silent, and you should exercise it. You are generally required to identify yourself, but you are not required to answer questions about the alleged offence without speaking to a lawyer first.
Generally you are entitled to a bail hearing within 24 hours of arrest, or as soon as a justice of the peace is reasonably available, though this can extend on weekends or holidays in some jurisdictions.
No. Most people arrested in Ontario are released either at the scene or from the police station without needing a bail hearing at all, particularly for less serious offences and first-time arrests.
Release at the scene means police issue you an appearance notice on the spot. Release from the station means you are taken in, processed, and released with conditions before your first court date — generally used for more serious matters.
Yes. You have the right to retain and instruct counsel without delay, and police are required to facilitate this — including providing access to duty counsel free of charge if you do not have your own lawyer.
In many cases, your lawyer can attend on your behalf. However, whether personal attendance is required depends on the nature of your release conditions and the specific court's practices.
Missing a scheduled court date without a valid reason can result in a warrant for your arrest and an additional criminal charge for failing to appear.
No — not to police. Explaining yourself informally, even if truthful, is one of the most common ways people unintentionally strengthen the case against them. Save your explanation for your lawyer.