Charged or under investigation in Toronto? What happens next
Criminal cases in Toronto follow a set path, and the first few steps shape everything after them. This is how a case usually unfolds, and where having a lawyer early makes a difference.
When the police want to talk to you
A call from a detective asking you to come in and give your side of the story is a request, not an order. You have the right to stay silent, and anything you say can be used as evidence. If you are arrested or detained, section 10(b) of the Canadian Charter of Rights and Freedoms gives you the right to speak to a lawyer without delay, and the police must tell you that legal aid and duty counsel are available. Use that right before you answer any questions. "I want to speak to a lawyer first" is a complete answer.
Arrest and bail
If the police arrest you and do not release you, they must bring you before a justice without unreasonable delay, and within 24 hours if a justice is available, under section 503 of the Criminal Code. For adult charges laid in Toronto, bail hearings take place at the Toronto Regional Bail Centre at 2201 Finch Avenue West.
The plan you put in front of the court matters a great deal: where you will live, who will act as your surety if one is needed, and conditions you can actually follow while you work and look after your family. Conditions agreed to in a rush can be hard to live with for the months a case stays open, and breaking one is a new criminal charge. Our bail hearing page explains how sureties and conditions work.
Your first court dates
Most Toronto criminal cases are heard at the Ontario Court of Justice courthouse at 10 Armoury Street, which opened in 2023. The early appearances are mostly about disclosure, the evidence the Crown has to share with the defence before trial, and nothing important should be decided until that evidence has been reviewed. Serious cases can go to the Superior Court of Justice at 361 University Avenue.
Many offences are hybrid, which means the Crown chooses whether to proceed summarily or by indictment. That choice changes the maximum sentence and often the route the case takes, so it is one of the first things we look at.
How long a case can take
In R. v. Jordan, the Supreme Court of Canada set ceilings on how long a criminal case should take: 18 months for most cases in the Ontario Court of Justice and 30 months for cases in the Superior Court. Since July 18, 2026, a new part of the Criminal Code tells judges not to stay a charge for delay unless no other remedy would be appropriate. Delay still matters, and we watch the timeline from the first appearance, but a stay of charges is now a last resort.
Criminal charges we defend
We defend adults and young people charged under the Criminal Code and federal drug laws in Toronto and across the GTA. Each charge below links to a page that sets out the law, the possible penalties and how these cases are defended. For an overview, start with our Toronto criminal defence page.
- Assault charges: from simple assault to assault causing bodily harm and assault with a weapon.
- Domestic assault: charges between partners or family members, where bail conditions can affect your home and your children.
- Sexual assault: allegations with serious penalties, defended with close attention to the evidence and the special rules that apply at these trials.
- Impaired driving: alcohol and drug impaired driving, over 80 and refusal charges, along with the licence suspension and driving prohibition that come with them.
- Drug charges: possession, trafficking, importing and production charges under the Controlled Drugs and Substances Act.
- Theft and fraud: shoplifting, theft under and over $5,000, fraud and related charges.
- Weapons charges: possession and carrying charges for firearms and other weapons.
- Bail hearings and bail reviews: getting released, changing conditions that are not working, and reviewing a detention order.
- Youth charges: young people aged 12 to 17 are dealt with under the Youth Criminal Justice Act, which has its own rules and protections.
- Appeals: appeals of convictions and sentences.
- Record suspensions: applications to the Parole Board of Canada once the waiting period has passed.
What a conviction can cost you beyond the sentence
The sentence is often the smallest part of a criminal case. A conviction creates a criminal record, and a record shows up on many background checks. It can follow you into job applications, professional licensing and volunteer work, and it can cause problems at the United States border.
If you are not a Canadian citizen, a conviction can put your status in Canada at risk. Under section 36 of the Immigration and Refugee Protection Act, a permanent resident can be found inadmissible for serious criminality, which includes a conviction for an offence with a maximum sentence of at least 10 years, or a jail sentence of more than six months. For a hybrid offence, the law treats the conviction as indictable even if the Crown proceeded summarily. That is why a plea and a sentence have to be planned with immigration in mind from the start.
Some cases end without a conviction at all. Charges can be withdrawn or stayed, and some cases resolve through diversion, a peace bond, or a discharge, which is a finding of guilt without a conviction. Our page on criminal diversion in Ontario explains who tends to qualify. Which of these options is realistic depends on the evidence and your history, and that is decided after the disclosure has been reviewed, not before.
If you already have a record, a record suspension keeps it separate from other criminal records. For offences committed on or after March 13, 2012, you can apply 5 years after a summary conviction sentence ends, or 10 years after an indictable one, counting from the end of the whole sentence, including fines and probation. Some offences are not eligible.
Family lawyers for separation, children and support
Family law in Ontario is a mix of federal and provincial law, and which rules apply depends partly on whether you were married. We act for people at every stage, from planning a separation to negotiating an agreement to going to court when talks break down. Our family law page lists every issue we handle.
Separation and divorce
There is no form to file to become legally separated in Ontario. The date you separated still matters, because it is usually the date used to value property under the Family Law Act. For a divorce, the usual ground is that you and your spouse have lived separate and apart for at least one year, under section 8 of the Divorce Act. Some couples live separate lives under the same roof for a while, and courts can treat that as a separation, but you need to be able to show it. Our guide for people going through a separation covers the first steps.
Parenting time and decision making
Since March 1, 2021, the Divorce Act no longer uses the words custody and access. Courts now make orders about decision making responsibility and parenting time, and the only consideration is the best interests of the child. Ontario's Children's Law Reform Act uses the same approach for parents who are not divorcing. If a parent with parenting time or decision making responsibility wants to move with the children, the law requires written notice at least 60 days before the move.
Child support
Child support is set by guidelines. The base amount comes from a table that looks at the paying parent's income and the number of children, and special expenses such as child care are usually shared on top of that in proportion to each parent's income. Ontario applies the same tables through the Ontario Child Support Guidelines when parents are not divorcing. The federal tables were updated on October 1, 2025, so any estimate made before then should be checked again with the Justice Canada table lookup.
Spousal support
Spousal support works differently. Whether a spouse is entitled to support depends on the relationship, including the roles each person took on and what each gave up or gained. The amount is usually tested against the Spousal Support Advisory Guidelines. They are not law, but they give a range for both the amount and how long support lasts, which gives both sides a starting point.
Property and the matrimonial home
Married spouses in Ontario share the growth in their wealth during the marriage through an equalization payment: the spouse with the higher net family property pays the other half of the difference. Both spouses have an equal right to possession of the matrimonial home, whoever's name is on the title. Common law partners do not have the same equalization right, so their property claims are handled differently.
Time limits apply. An equalization claim generally has to be started within 2 years of a divorce or 6 years after separation, whichever comes first, although a court can extend that in some cases.
Marriage contracts, cohabitation and separation agreements
Couples can set their own terms for property and support in a marriage contract, a cohabitation agreement or a separation agreement. Under the Family Law Act, an agreement is not enforceable unless it is in writing, signed by both people and witnessed. Full financial disclosure and independent legal advice for each person make an agreement much harder to set aside later.
Family violence and restraining orders
If you are afraid of a current or former partner, an Ontario court can make a restraining order under the Family Law Act or the Children's Law Reform Act. If you are in danger right now, call 911.
Child protection cases
When a children's aid society investigates a family or starts a court case, the case runs under Ontario's Child, Youth and Family Services Act, 2017. These cases can move quickly, and what happens in the first days often sets the direction. We act for parents, so call as soon as a worker contacts you.
Where Toronto family cases are heard
Divorce and property cases in Toronto go to the Superior Court of Justice at 361 University Avenue. Parenting, support and child protection cases that do not involve a divorce or a property claim are heard by the Ontario Court of Justice, at 47 Sheppard Avenue East or 311 Jarvis Street depending on where you live. In most contested cases, each person has to attend a Mandatory Information Program within 45 days of the case starting, under the Family Law Rules.
When a criminal charge and a family case collide
This is where having one firm for both matters most. A domestic assault charge usually comes with bail conditions, and those conditions can ban contact with a spouse, sometimes with the children, and keep you out of the family home. They stay in place until they are changed or the criminal case ends, while the family court decides parenting time on its own separate track.
The two cases have to be planned together. A change to the bail conditions may be needed before a family court parenting order can work in practice. What you say in one case can come up in the other, so affidavits, statements and settlement terms should be checked against both files before anything is signed or filed. Because we handle criminal and family law in the same firm, that coordination starts at the first meeting.
Meet Fadi Matthew Kazandji
Kazandji Law was founded by Fadi Matthew Kazandji, who has been licensed by the Law Society of Ontario since 2017. You can confirm his licence in the Law Society's public directory. His practice covers criminal defence, family law and child protection in the Ontario Court of Justice and the Superior Court of Justice, and he works with clients in English and Arabic.
Matthew's comments on legal questions have appeared in Reader's Digest, on what a genealogy DNA test can reveal to police, and in the Toronto Star, on financial infidelity between spouses. You can read more on his profile page.
Questions people ask us first
Should I talk to the police if they call me?
Be polite, take the officer's name and number, and speak to a lawyer before you agree to an interview. You have the right to stay silent, and what you say can be used as evidence. If you are arrested, ask for a lawyer and do not discuss the case until you have spoken to one.
Will I end up with a criminal record?
Not necessarily. Charges can be withdrawn or stayed, and some cases end with diversion, a peace bond or a discharge instead of a conviction. Whether any of those is realistic depends on the evidence and your history, which is why the first step is getting the disclosure and reviewing it carefully.
How long does a divorce take in Ontario?
If you are relying on separation as the ground, you can start the case before the year is up, but the divorce is not granted until you have been separated for at least one year. If parenting, support and property are already settled, the divorce is mostly paperwork. If they are not, those issues are dealt with first, by agreement or by court order.
How is child support calculated?
Usually it starts with the table amount for the paying parent's income and the number of children, using the federal tables that took effect on October 1, 2025. Special expenses, such as child care, are shared on top of that, usually in proportion to each parent's income. Shared or split parenting time can change the calculation.
Can I move with my child to another city?
If the other parent has parenting time or decision making responsibility, you must give written notice at least 60 days before the move, using the official form, and the other parent can object. If you cannot agree, a court decides based on the child's best interests.
Do you offer a free consultation?
Yes. The first consultation is free and confidential. Call 647-588-3234 or use the form on this page, and tell us which office suits you best: Toronto, North York, Thornhill or Oakville.
Can I get help in Arabic?
Yes. Matthew provides services in English and Arabic.
This page is general information, not legal advice about your situation. Reviewed by Fadi Matthew Kazandji, Founder and Managing Partner, November 2026.
