Do I need a lawyer for a first offence?

Yes. Even a first minor charge can create a criminal record with lasting consequences. Early legal advice often opens resolutions that are harder to achieve later.

Criminal Defence Lawyer in Markham

Home › Criminal Defence › Markham

Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Serving Markham & York Region

A Markham criminal defence lawyer defends people charged by York Regional Police with Criminal Code or drug offences, cases that are heard at the Ontario Court of Justice and Superior Court of Justice in Newmarket (50 Eagle St. W.), the courthouse for all of York Region. Kazandji Law defends the full range of charges, from impaired driving and domestic assault to drug, theft, fraud, weapons and sexual offences. If you have been arrested or charged in Markham, what you do in the first 24 hours can shape the entire case. Call 647-588-3234 for a free, confidential consultation.

Charged with a criminal offence in Markham?

Call 647-588-3234. Free Consultation

Defending charges anywhere in York Region · Newmarket courthouse

On this page

How criminal charges work in Markham & York Region
Your rights when arrested in Markham
The Ontario criminal court process, step by step
Criminal offences we defend in Markham
Possible outcomes and what a conviction means
How Kazandji Law builds your defence
More offences we defend
Frequently asked questions

Criminal defence lawyer consulting with a client in Markham, Ontario

How criminal charges work in Markham & York Region

Markham is one of nine municipalities that make up York Region, and it does not have its own criminal courthouse. When someone is charged with a criminal offence in Markham, whether it is a Highway 7 impaired-driving stop, a domestic call in Cornell or Unionville, or a shoplifting allegation at a store near Markville, the case is prosecuted at the Newmarket courthouse, 50 Eagle Street West. That single building houses both levels of trial court: the Ontario Court of Justice, where the large majority of criminal matters begin and end, and the Superior Court of Justice, which handles the most serious indictable offences and certain bail matters. Understanding that your case will run through Newmarket, its Crown office, its bail court, its trial coordinators, is the starting point for a defence built around the local reality rather than a generic script.

The police service that investigates and lays charges in Markham is York Regional Police, which serves Markham through its local district policing. Once a charge is laid, most Criminal Code prosecutions are handled by the provincial Crown Attorney's office at Newmarket. Federal drug charges under the Controlled Drugs and Substances Act are prosecuted separately by the Public Prosecution Service of Canada. Knowing who is on the other side, a provincial Crown or a federal prosecutor, affects everything from disclosure timelines to how resolution discussions unfold.

It is also important not to confuse Markham's municipal Provincial Offences court, which deals with bylaw and most Highway Traffic Act tickets, with criminal court. A speeding ticket and a criminal charge are handled in different courts under different rules. This page is about criminal charges, the kind that can result in a criminal record, a driving prohibition, or a jail sentence, all of which are dealt with at the Newmarket courthouse.

Your rights when arrested in Markham

The most valuable thing to understand at the moment of arrest is that the law gives you specific, enforceable rights, and that exercising them quietly is almost always the right move. You are not required to explain, justify, or talk your way out of anything at the roadside or the station.

The right to silence

You are generally not obliged to answer police questions about an allegation. Beyond identifying yourself where the law requires, you can decline to discuss what happened. Anything you say can be used as evidence, and well-intentioned explanations frequently become the strongest part of the Crown's case. The safest approach is to state clearly that you wish to speak to a lawyer and then say nothing further about the incident.

The right to counsel, section 10(b) of the Charter

Under section 10(b) of the Canadian Charter of Rights and Freedoms, you have the right to retain and instruct counsel without delay upon arrest or detention, and to be informed of that right. Police must give you a reasonable opportunity to reach a lawyer and must generally hold off on questioning until you have had that chance. If they fail to do so, any evidence obtained may be challenged and potentially excluded.

Protection against unreasonable search and arbitrary detention

Section 8 of the Charter protects you against unreasonable search and seizure, and section 9 protects you from arbitrary detention. Whether police had lawful grounds to stop or search you, your vehicle, or your home, and whether they followed the proper procedure, is one of the most common and powerful issues in a criminal case, especially in drug and weapons matters. If a stop or search was unlawful, the evidence that flowed from it may be excluded.

First 24 hours, a practical checklist: say as little as possible beyond identifying yourself; ask to speak to a lawyer and actually call one; do not contact any complainant or witness (especially in a domestic matter, where a no-contact condition almost always applies); write down everything you remember while it is fresh; preserve anything relevant, texts, photos, receipts, video, names of witnesses; and get legal advice before your first court date.

The Ontario criminal court process, step by step

Most people charged for the first time have never been inside a criminal courtroom and do not know what is coming. Here is how a York Region case generally moves through the Ontario Court of Justice at Newmarket, from charge to resolution.

1. Charge and release

A criminal case begins when police lay a charge. Depending on the offence and the circumstances, you may be released at the scene or the station on an appearance notice or an undertaking, or you may be held for a bail hearing. Being charged is not the same as being convicted, it is the start of a process in which the Crown bears the burden of proving the case beyond a reasonable doubt.

2. Bail (judicial interim release)

If you are held in custody, you must be brought before a justice within 24 hours, and the Ontario Court of Justice runs weekend and statutory-holiday bail courts to meet that requirement. Bail is governed by section 515 of the Criminal Code, which begins from the principle that an accused should be released unless the Crown shows why detention is justified. A justice may order detention only on the grounds in section 515(10): to ensure the accused attends court, to protect the public (including any victim or witness), or to maintain public confidence in the administration of justice. In certain situations, some firearm offences, intimate-partner violence where the accused has a relevant prior record, and drug offences punishable by life, the onus reverses and the accused must show why they should be released. For the most serious offences listed in section 469, such as murder, only a Superior Court judge can grant bail.

A strong bail plan, a workable release plan, a suitable surety, and realistic conditions, is often the difference between going home and waiting months in custody. This is one of the first places experienced counsel makes a tangible difference.

3. Disclosure

The Crown must give the defence all relevant, non-privileged information in its possession, police notes, witness statements, video, 911 recordings, and test results, whether or not the Crown intends to rely on it. This obligation flows from the landmark Supreme Court of Canada decision in R. v. Stinchcombe and is essential to your right to make full answer and defence. Reviewing disclosure line by line, identifying what is missing, and requesting it is where a defence begins to take shape.

4. First appearance and case-management court

Your first court date is not a trial. It takes place in case-management court, where the focus is on confirming that you have disclosure and legal representation and on scheduling the next steps. No evidence is heard and no plea is required at this stage. In most cases a lawyer can attend these routine appearances on your behalf.

5. Crown pre-trial and judicial pre-trial

Before any trial date is set, defence counsel meets with the Crown, a Crown pre-trial, to discuss the evidence, the Crown's position on resolution, and any legal issues such as Charter applications. For many files there is also a judicial pre-trial, where a judge helps narrow the issues and estimate how long a trial would take. A great deal of the real work, and many favourable resolutions, happens at this stage, out of public view.

6. Trial, and your right to one within a reasonable time

If the case does not resolve, it proceeds to trial in the Ontario Court of Justice or, for more serious matters, the Superior Court of Justice. Throughout, you are protected by the presumption of innocence and by section 11(b) of the Charter, which guarantees a trial within a reasonable time. In R. v. Jordan, the Supreme Court set presumptive ceilings, broadly, 18 months for cases tried in the provincial court and 30 months for cases in the superior court, beyond which delay may result in the charges being stayed.

Criminal offences we defend in Markham

Kazandji Law defends the full spectrum of criminal charges heard at the Newmarket courthouse. Each offence below links to a dedicated page with the law, penalties and defences explained in depth. In every case, the Crown must prove each element of the offence beyond a reasonable doubt.

Assault and domestic assault

Common assault is set out in section 266 of the Criminal Code and is a hybrid offence carrying up to five years in prison when the Crown proceeds by indictment. More serious forms, assault with a weapon or assault causing bodily harm, fall under section 267 and carry up to ten years. There is no separate offence called "domestic assault"; the same assault sections apply, but where the alleged victim is an intimate partner or family member, section 718.2(a)(ii) makes that an aggravating factor at sentencing, and bail conditions are typically stricter. Learn more on our domestic assault and assault pages.

Impaired driving, over 80 and refusal (DUI)

Ontario's impaired-driving offences, impaired operation, driving with a blood-alcohol concentration at or over 80, drug-impaired driving, and refusing a breath sample, carry a mandatory minimum $1,000 fine on a first offence, plus a mandatory driving prohibition and separate provincial licence consequences imposed by the Ministry of Transportation. These cases frequently turn on whether the stop was lawful and whether the breath demand and testing were valid. See our impaired driving page.

Drug offences

Drug charges are prosecuted federally under the Controlled Drugs and Substances Act. Simple possession falls under section 4, while trafficking and possession for the purpose of trafficking fall under section 5 and, for the most serious substances, can carry penalties up to life imprisonment. Charter search-and-seizure issues are central, and many first-time possession matters can be resolved without a record. See our drug trafficking and drug possession pages.

Theft and fraud

Theft is set out in section 334: theft over $5,000 is indictable and carries up to ten years, while theft of $5,000 or under is a hybrid offence. Fraud under section 380 carries up to fourteen years where the amount exceeds $5,000. First-time, lower-value property matters often resolve without a permanent record. See our theft and fraud pages.

Weapons, sexual offences, bail and youth

We also defend weapons and firearms charges (sections 88, 91 and 95), sexual offences such as sexual assault under section 271, and youth matters under the Youth Criminal Justice Act for those aged 12 to 17. We run bail hearings and bail reviews, often on an urgent basis. See our weapons, sexual offence and bail pages.

Not sure which charge you're facing or what it means?

Call 647-588-3234 for a free case assessment

We'll explain the charge, the process, and your options, no obligation.

Possible outcomes and what a conviction means

Not every criminal charge ends in a conviction, and not every finding of guilt results in a criminal record. Understanding the range of possible outcomes helps you make informed decisions about your case.

Resolutions that avoid a criminal record

In appropriate cases, often first offences involving lower-level allegations, it may be possible to resolve a matter without a criminal record. Depending on the circumstances, this can include a withdrawal of the charge (sometimes after completing counselling, community service, or a charitable donation), a peace bond, or a discharge. An absolute or conditional discharge is a finding of guilt without a conviction, which means no criminal record results once any conditions are met. Whether any of these are realistic depends on the facts, the Crown's position, and your background, and skilled negotiation is often what makes them possible.

Why a criminal record matters

A criminal record can affect employment, professional licensing, volunteer roles, and the ability to travel to countries such as the United States. For people who are not Canadian citizens, a criminal conviction can carry serious immigration consequences, including inadmissibility. These downstream effects are exactly why it is worth fighting for the best possible outcome from the outset, rather than simply pleading guilty to "get it over with."

Sentencing, if there is a conviction

If a case does result in a conviction, sentencing is governed by the principles in Part XXIII of the Criminal Code, which balances denunciation and deterrence against rehabilitation and the principle that a sentence should be proportionate to the offence and the offender's degree of responsibility. Sentences can range from discharges and fines to probation, conditional sentences, and, for serious offences, imprisonment. Thorough sentencing advocacy, putting forward the full picture of who you are, can significantly affect the result.

How Kazandji Law builds your defence

Criminal cases are frequently won or lost long before trial. Our approach to every York Region file follows a disciplined path.

Secure your release. Where bail is in issue, we move quickly to build a release plan and surety proposal designed to get you home on workable conditions.
Obtain and scrutinize disclosure. We review the Crown's evidence in detail, police notes, video, statements, test records, looking for gaps, inconsistencies, and procedural errors.
Identify Charter issues. Was the stop lawful? Was the search proper? Were you given your right to counsel? A successful Charter application can lead to key evidence being excluded and the case collapsing.
Negotiate from strength. Armed with a clear view of the case's weaknesses, we negotiate with the Crown for withdrawal, reduced charges, or resolutions that protect your record.
Prepare for trial. When a case should be fought, we prepare thoroughly and hold the Crown to its burden of proof beyond a reasonable doubt.

We appear regularly at the Newmarket courthouse, we know the local Crown and court process, and we build a strategy around the specific facts of your case. Every person we represent is presumed innocent, and our job is to protect your record, your livelihood and your future. Your first consultation is free and confidential.

More offences we defend at the Newmarket courthouse

Beyond the major categories above, Kazandji Law regularly defends a wide range of other Criminal Code charges arising in Markham and across York Region.

Criminal harassment (section 264)

Criminal harassment, often called "stalking", is set out in section 264 and is a hybrid offence carrying up to ten years on indictment. It covers repeatedly following or communicating with someone, watching their home or workplace, or engaging in threatening conduct that causes them to reasonably fear for their safety. These cases often turn on context and on whether the complainant's fear was objectively reasonable.

Uttering threats (section 264.1)

Uttering threats to cause death or bodily harm is a hybrid offence under section 264.1 carrying up to five years on indictment; threats to property or animals carry up to two years. The Crown must prove that the words, in context, were meant to intimidate or be taken seriously, not merely spoken in anger.

Mischief and property damage (section 430)

Mischief under section 430 covers wilfully damaging property, rendering it useless, or interfering with someone's lawful use of it. Where the damage is $5,000 or under it is a hybrid offence carrying up to two years; damage over $5,000 can carry up to ten years. Defences frequently focus on intent and on colour of right, an honest belief in a legal entitlement.

Failure to comply and breach of conditions (section 145)

Once you are on release, breaching any condition, missing a curfew, contacting a person you were ordered to avoid, or failing to attend court, is itself a separate offence under section 145, carrying up to two years. Even a well-meaning breach (for example, responding to a message from a complainant who reached out first) can lead to a fresh charge, which is why following every condition to the letter is critical.

Robbery, break and enter, and serious driving offences

More serious property offences, robbery, break and enter, home invasion and possession of stolen property, carry significant penalties and are often prosecuted in the Superior Court. Dangerous driving under section 320.13 and related charges are criminal offences separate from Highway Traffic Act tickets, carrying a possible driving prohibition and a criminal record.

Bail conditions, and how to change them

Release almost always comes with conditions, and in domestic cases they can be strict: no contact, staying away from addresses, curfews, or living with a surety. Where conditions no longer make sense, a no-contact order that prevents co-parenting, or a curfew that conflicts with a new job, it is often possible to have them varied, on consent with the Crown or through a bail review. What you must never do is simply ignore a condition; breaching it is a separate offence under section 145.

Costs, legal aid and paying for a criminal lawyer

Legal Aid Ontario provides certificates for eligible individuals based on the seriousness of the charge and financial need; if you may qualify, it is worth applying early. Many people retain a lawyer privately, and reputable firms explain their fees clearly and, in appropriate cases, offer payment arrangements. Getting advice early is usually the most economical choice, a charge resolved quickly at an early stage almost always costs less than one that drags on. We are happy to discuss fees openly during your free consultation.

Serving Markham and York Region: Kazandji Law defends clients across Markham, including Unionville, Cornell, Markham Village, Berczy, Cachet, Milliken and Thornhill, and throughout York Region, including Richmond Hill, Vaughan, Aurora, Newmarket, King, Whitchurch-Stouffville, East Gwillimbury and Georgina. Wherever in York Region the charge was laid, the case is heard at the Newmarket courthouse, and we are ready to defend it.

All Markham Practice Areas

Every Markham charge and family matter we defend, each with its own dedicated guide:

Frequently asked questions

Where will my Markham criminal case be heard?

At the Newmarket courthouse, 50 Eagle Street West, which houses both the Ontario Court of Justice and the Superior Court of Justice for York Region. Markham does not have a separate criminal courthouse.

Who investigates and prosecutes crimes in Markham?

York Regional Police investigates and lays charges. Most Criminal Code charges are prosecuted by the provincial Crown Attorney's office at Newmarket, while drug charges are prosecuted by the federal Public Prosecution Service of Canada.

How soon do I get a bail hearing after arrest?

If you are held in custody, you must be brought before a justice within 24 hours. The Ontario Court of Justice runs weekend and holiday bail courts so this timeline is met.

What is disclosure, and am I entitled to it?

Disclosure is the evidence in the Crown's possession. Under R. v. Stinchcombe, the Crown must provide all relevant, non-privileged material to the defence so you can make full answer and defence.

How long does a criminal case take?

Under R. v. Jordan there are presumptive ceilings, roughly 18 months for cases in the Ontario Court of Justice and 30 months in the Superior Court, beyond which unreasonable delay can result in a stay of charges.

Is domestic assault a separate criminal charge?

No. It is prosecuted under the ordinary assault sections (such as section 266), but abuse of an intimate partner or family member is an aggravating factor at sentencing under section 718.2(a)(ii), and release conditions are usually stricter.

Can I get a criminal charge dropped without a record?

Sometimes. Depending on the facts and your background, options may include a withdrawal, a peace bond, or a discharge (a finding of guilt without a conviction). Early legal advice improves the chances.

Do I really need a lawyer if it's a first offence?

Yes. Even a first, seemingly minor charge can lead to a criminal record with lasting consequences for employment, travel and immigration. Early legal advice often opens up resolutions that are much harder to achieve later.

What should I do first if I've been charged in Markham?

Exercise your right to speak to a lawyer, say nothing about the allegation to police beyond identifying yourself, comply with any release conditions, and call us at 647-588-3234 before your first court date.

Results matter. See our recent case successes and read our client reviews on Google, then call 647-588-3234 for a free, confidential assessment of yours.

Protect your record, your rights and your future.

Call Kazandji Law, 647-588-3234

Free consultation · Defending charges across Markham and York Region

This page provides general legal information about criminal defence in Markham and York Region, Ontario, and is not legal advice. The law changes and every case is different; for advice about your specific situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship.