Criminal Defence · Toronto & the GTA

Criminal Lawyer in Toronto

Reviewed by Fadi Matthew Kazandji, Founding Partner, Kazandji Law · Toronto criminal defence · Last reviewed: July 2026

Being charged with a criminal offence is one of the most frightening things that can happen to a person. Overnight, the machinery of the justice system is pointed at you: police who have already formed a theory, a Crown prosecutor preparing the case against you, court dates, release conditions, and the very real fear of a criminal record, a job lost, or a family disrupted. What most people do not realize in that first panicked moment is how much can still be done, and how often the case is far weaker than it first appears.

At Kazandji Law, our criminal defence lawyers represent people charged with the full range of criminal offences across Toronto, North York, Thornhill, Markham, Vaughan, Oakville, and the wider Greater Toronto Area. This is our central guide to criminal defence: what a criminal lawyer actually does, how the Ontario and Canadian criminal process works from the moment of arrest to sentencing, the constitutional rights that protect you at every stage, and the specific categories of offences we defend. If you would rather talk it through now, call 647-588-3234 for a free, confidential consultation, available 24/7.

Two principles should anchor everything that follows. First, you are presumed innocent; the burden is on the Crown to prove every element of the offence beyond a reasonable doubt, and it never shifts to you to prove your innocence. Second, the earlier a lawyer is involved, the more options you have. Decisions made in the first hours and days (whether to speak to police, what to say at a bail hearing, how to respond to the first Crown offer) can shape the entire outcome. This page is long by design, because a real hub should answer the questions you actually have.

What does a criminal defence lawyer do?

A criminal defence lawyer is far more than someone who "argues in court." Most criminal cases are won or lost long before a trial ever begins: in the reading of disclosure, in the bail court, and at the negotiating table. A good defence lawyer works on several fronts at once:

• Protects your rights from the first contact. From the moment of detention or arrest, your rights under the Charter are engaged, including the right to be told why you are being detained and the right to speak to a lawyer. A defence lawyer makes sure those rights were respected and identifies where they were not.
• Advises you on what to say, and what not to say. You have the right to remain silent. One of the earliest and most valuable pieces of advice a lawyer gives is how to exercise that right without making your situation worse.
• Secures your release. If you are held for a bail hearing, your lawyer builds a release plan, lines up sureties, and argues for your liberty pending trial. Release on reasonable terms is a right, not a privilege.
• Obtains and analyzes the disclosure. The Crown must hand over the evidence. Your lawyer reviews the officers' notes, statements, video, forensic reports, and continuity records line by line, looking for weaknesses, gaps, and Charter breaches.
• Negotiates with the Crown. A large share of cases resolve through discussion: a withdrawal, a diversion program, a plea to a lesser charge, or a joint position on sentence. Effective negotiation depends on knowing exactly where the Crown's case is vulnerable.
• Brings Charter and pre-trial applications. Where the evidence was obtained unconstitutionally, your lawyer can move to exclude it. Where delay has become unreasonable, your lawyer can move to stay the charge.
• Runs the trial. If the case does not resolve, your lawyer cross-examines the Crown's witnesses, tests the reliability of the evidence, and argues that the Crown has not met its burden.
• Advocates on sentencing, and beyond. If there is a finding of guilt, the fight shifts to the least restrictive, most proportionate outcome, and, in the right case, an appeal or a later record suspension.

The presumption of innocence and your Charter rights

Every criminal case in Canada is built on a foundation that favours the accused. The presumption of innocence is guaranteed by section 11(d) of the Canadian Charter of Rights and Freedoms, which gives any person charged with an offence the right "to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal."^[1] That is not a slogan. It is a legal rule with real consequences. It means the Crown carries the entire burden of proof, and it must prove guilt beyond a reasonable doubt, the highest standard known to law. If the trier of fact is left with a reasonable doubt on any essential element, the result must be an acquittal.

The Charter also guarantees a set of "legal rights" in sections 7 through 14 that shape criminal cases at every stage. The most important in practice include:

• Section 7: life, liberty and security of the person. No one can be deprived of these except in accordance with the principles of fundamental justice. This is the source of many procedural protections, including the Crown's duty to disclose its case.^[1]
• Section 8: protection against unreasonable search and seizure. Police need lawful authority to search you, your car, your home, or your phone. Evidence gathered through an unreasonable search may be excluded.^[1]
• Section 9: protection against arbitrary detention. You cannot be detained or imprisoned arbitrarily. Many cases begin with a stop or detention that a court later finds unlawful.^[1]
• Section 10(b): the right to counsel. On arrest or detention you have the right to retain and instruct a lawyer without delay, and to be told of that right. Police must give you a real opportunity to exercise it.^[1]
• Section 11: rights of a person charged. This section houses the presumption of innocence, the right to be tried within a reasonable time, the right not to be compelled to testify against yourself, and the right not to be denied reasonable bail without just cause.^[1]
• Section 24(2): exclusion of evidence. Where evidence was obtained in a way that breached the Charter, a court must exclude it if admitting it would bring the administration of justice into disrepute.^[1]

When a Charter breach is alleged, the leading framework for deciding whether to exclude the resulting evidence comes from the Supreme Court of Canada in R. v. Grant (2009). The court weighs three factors: the seriousness of the state's Charter-infringing conduct, the impact of the breach on the accused's protected interests, and society's interest in a trial on the merits.^[2] In many cases (a warrantless search, an arbitrary stop, a denial of counsel) a serious breach leads a court to exclude the very evidence the Crown needs, and the prosecution collapses.

The Ontario criminal process, from arrest to sentencing

Criminal cases in Ontario follow a recognizable path through the Ontario Court of Justice and, for the most serious matters, the Superior Court of Justice. Understanding the sequence helps you see where a defence can be built, and why timing matters so much.

1. Investigation, arrest, and the right to counsel

A case usually begins with a police investigation, followed by an arrest or a decision to charge. At the point of arrest or detention, your section 10(b) right to counsel is triggered: police must advise you of your right to a lawyer and give you a genuine, private opportunity to speak with one before questioning. This is the moment to exercise your right to silence. Anything you say can be used against you, and "explaining" rarely helps. It more often supplies the Crown with evidence it did not otherwise have.

2. Release or bail (judicial interim release)

After a charge, the question becomes whether you are released and on what terms. For many offences, police release the accused at the scene or from the station on an appearance notice or an undertaking, sometimes with conditions. In more serious cases, you may be held for a bail hearing, what the Criminal Code calls judicial interim release under section 515.^[3] The right not to be denied reasonable bail without just cause is itself protected by section 11(e) of the Charter.^[1] At a bail hearing, the court considers whether detention is justified on the grounds set out in the Code: broadly, ensuring the accused attends court, protecting the public, and maintaining public confidence in the administration of justice. Arriving with a workable release plan and responsible sureties is often decisive. Our bail lawyers handle these hearings, including urgent ones, and related issues such as show-cause hearings and alleged misconduct while on bail.

3. Disclosure

Once the process is underway, your lawyer obtains disclosure, the Crown's evidence. The Crown's constitutional duty to disclose all relevant material, whether it helps or hurts the prosecution, was established by the Supreme Court of Canada in R. v. Stinchcombe (1991). As the court put it, the fruits of the investigation "are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done."^[4] This duty flows from the right to make full answer and defence protected by section 7 of the Charter. Disclosure typically includes officers' notes, witness statements, any video or audio, forensic and expert reports, and continuity records. A meticulous review of this material is where most winning defences begin, and where missing or late disclosure can become an issue in its own right.

4. Crown pre-trial and resolution discussions

Most cases involve a Crown pre-trial, a meeting between defence and prosecutor (often followed by a judicial pre-trial before a judge) to narrow the issues and explore resolution. This is where a well-prepared defence frequently pays off: many charges are withdrawn, diverted, or resolved on favourable terms once the Crown is shown where its case is weak. Depending on the offence, resolution can mean a withdrawal, a diversion or alternative-measures program, a peace bond, a plea to a lesser charge, or a joint sentencing position. It is almost always better to negotiate from a position of thorough preparation than to walk in unprepared.

5. Trial

If the case does not resolve, it proceeds to trial. Summary-conviction matters and many hybrid offences are tried in the Ontario Court of Justice before a judge alone; the most serious indictable offences are tried in the Superior Court, sometimes before a judge and jury. At trial, the Crown must prove every element of the offence beyond a reasonable doubt. Your lawyer cross-examines the Crown's witnesses, challenges the reliability and admissibility of the evidence, advances any applicable defences, and, where appropriate, argues a Charter application to exclude evidence. The defence is under no obligation to call any evidence at all; the accused has the right not to testify, and the case can be won simply by showing the Crown has not met its burden.

6. Sentencing

If there is a finding or plea of guilt, the case moves to sentencing. Canadian sentencing is governed by the principle of proportionality: the sentence must fit both the gravity of the offence and the degree of responsibility of the offender, and by the objectives set out in the Criminal Code, which include denunciation, deterrence, and, importantly, rehabilitation and the least restrictive sanction that is appropriate.^[5] Outcomes range from a discharge (absolute or conditional, leaving no conviction) under section 730 of the Criminal Code,^[6] through fines, probation, and conditional sentences served in the community, up to imprisonment for the most serious matters. Skilled sentencing advocacy (and the preparation that supports it) can be the difference between a life-altering record and a second chance.

Types of criminal offences: summary, indictable, and hybrid

How a charge is classified shapes almost everything about it: the maximum penalty, where and how it is tried, and even the procedure at bail. Canadian criminal offences fall into three categories:

• Summary conviction offences are the least serious category, designed to be dealt with more simply. Unless a specific section says otherwise, the general maximum penalty is up to two years less a day of imprisonment and/or a fine, and these matters are tried in the Ontario Court of Justice by a judge alone.^[7]
• Indictable offences are the most serious category, with more elaborate procedure and higher maximums, ranging widely up to life imprisonment for the gravest offences. For many indictable offences the accused can choose the mode of trial, including trial by judge and jury in the Superior Court.^[7]
• Hybrid (dual-procedure) offences make up the majority of the Criminal Code. Here the Crown elects whether to proceed summarily or by indictment, and that choice (made by the prosecutor, not the accused) determines the maximum penalty and the available procedure. Until the Crown elects, a hybrid offence is treated as indictable for procedural purposes.^[7]

This matters because a great deal of defence strategy turns on the election. Persuading the Crown to proceed summarily rather than by indictment can dramatically reduce the exposure and simplify the case. It is one of many reasons why early, informed advocacy is so valuable.

The criminal offences we defend

Kazandji Law defends the full spectrum of criminal charges. Each area below has its own dedicated page explaining the offence, what the Crown must prove, the realistic outcomes, and the defences that most often apply. If your charge is not listed, call us. We very likely handle it.

Why early representation matters

If there is one theme that runs through every criminal file, it is that the earliest decisions carry the most weight. The reasons are practical:

• The right to silence is easiest to protect at the start. Once a statement is given, it cannot be taken back. Early advice keeps you from filling gaps in the Crown's case.
• Bail is a one-shot event. A strong, well-prepared release plan presented at the first bail hearing is far more effective than trying to fix a detention order later.
• Evidence is perishable. Surveillance video is overwritten, memories fade, and witnesses move. A lawyer engaged early can move to preserve helpful evidence before it disappears.
• Diversion and withdrawals often happen early. The best outcomes (a charge withdrawn, a diversion program, a resolution without a record) are frequently negotiated in the pre-trial stage, and getting there requires preparation from day one.
• Immigration and licensing consequences can change the whole strategy. For non-citizens especially, avoiding a conviction may matter more than the sentence itself. Certain offences can render a permanent resident or foreign national inadmissible to Canada under the Immigration and Refugee Protection Act, so this must be identified at the outset.^[8]

How to choose a criminal defence lawyer

Choosing the right lawyer is one of the most consequential decisions you will make in your case. A few practical guideposts:

• Focus and experience in criminal law. Criminal defence is its own discipline, with its own procedure and case law. Look for a lawyer who practises it regularly and understands the courthouse where your case will be heard.
• Local knowledge. Practices, Crown offices, and diversion programs vary from courthouse to courthouse across the GTA. Familiarity with the specific court (from Old City Hall to the suburban courts) is a genuine advantage.
• Clear communication. You want someone who explains the process in plain language, returns your calls, and gives you an honest assessment rather than empty promises. No ethical lawyer can guarantee a result before reviewing the disclosure.
• A candid, strategic assessment. The right lawyer will tell you both the strengths and the weaknesses of your case and lay out a realistic strategy, whether that points toward resolution or trial.
• Transparent fees. Ask how fees are structured, what is included, and what a contested trial might cost, so there are no surprises.
• Good standing. In Ontario, every practising lawyer is regulated by the Law Society of Ontario, whose public directory lets you confirm a lawyer is licensed and in good standing.

Common defences in Ontario criminal cases

There is no such thing as a one-size-fits-all defence. The right strategy depends entirely on the charge and the disclosure. That said, the issues our lawyers most often raise fall into recognizable categories:

• Charter breaches. Unreasonable search (s. 8), arbitrary detention (s. 9), or denial of the right to counsel (s. 10(b)) can lead to the exclusion of evidence under s. 24(2), applying the Grant framework, which often ends the case.^[2]
• The Crown cannot prove an essential element. Every offence has elements the Crown must prove beyond a reasonable doubt. If it cannot prove identity, intent, or another required element, the charge fails.
• Credibility and reliability. In cases that turn on a single witness (many assault and domestic matters, for example) cross-examination can expose inconsistencies that raise a reasonable doubt.
• Self-defence and defence of others. Where force was used in response to a threat, the law recognizes a range of justifications.
• Lack of intent or mistaken belief. Many offences require a specific mental state; an honest mistake or absence of intent can be a complete answer.
• Unreasonable delay. The right to be tried within a reasonable time (s. 11(b)) can, in the right circumstances, result in a stay of the charge.^[1]

These are issues that may be available, not guarantees. What we promise is a rigorous, honest assessment and a defence built around the specific facts and evidence in your case.

Common myths about criminal charges

"If I'm charged, I must be guilty." No. A charge is only an allegation. You are presumed innocent, and the Crown must prove guilt beyond a reasonable doubt.

"If I just explain my side to the police, they'll drop it." Rarely. Explaining usually supplies the Crown with evidence it did not have. You have the right to silence. Exercise it and speak to a lawyer first.

"I can't afford a lawyer, so there's no point." Many firms, including ours, offer a free initial consultation, and there are options to discuss. The cost of a conviction (to your record, job, and future) is almost always higher.

"A first offence always means a criminal record." Not necessarily. Depending on the charge, diversion, a peace bond, or an absolute or conditional discharge can resolve a matter without a conviction.

"Legal aid duty counsel is the same as having my own lawyer." Duty counsel provide valuable help at a first appearance, but they generally do not carry your file to trial. Retained counsel can build and run your defence from start to finish.

"Once I'm charged, nothing can be done before the trial." The opposite is true. Most of the decisive work (bail, disclosure, negotiation, Charter applications) happens before any trial.

What to do if you have been charged with a crime

1. Exercise your right to silence. Be polite, identify yourself if required, but do not discuss the allegations. Do not try to talk your way out of it.
2. Ask to speak to a lawyer. As soon as you are detained or arrested, invoke your right to counsel and use it before answering questions.
3. Write down everything you remember while it is fresh: the timeline, what was said, who was present, and how any search unfolded.
4. Preserve helpful evidence. Keep all paperwork from the arrest and release, and save relevant messages, receipts, or photos. Do not delete anything.
5. Follow every release condition exactly. A breach can lead to a new charge and can undermine your bail. If a condition is unworkable, ask your lawyer about varying it.
6. Do not contact complainants or witnesses, and do not post about the case online.
7. If you are not a Canadian citizen, tell your lawyer immediately. It can change the entire strategy.

Why choose Kazandji Law

Kazandji Law is a Toronto criminal and family law firm built on a proactive, no-nonsense approach with a genuine personal touch. Criminal cases reward preparation: the close reading of disclosure, a working command of Charter litigation, and the judgment to know when to push an application and when to steer a file toward resolution. Our criminal defence team brings that preparation to every file, from a first-time driving charge to the most serious indictable matters.

We appear in the Ontario Court of Justice and Superior Court locations across the Greater Toronto Area, and we defend charges wherever they arise: downtown Toronto, North York, Scarborough, Etobicoke, Thornhill, Vaughan, Markham, Richmond Hill, Oakville, Brampton, Hamilton, and Newmarket. You can meet our team, review our case results, read our criminal law resources, or contact us to arrange a free, confidential consultation. Call 647-588-3234, 24/7.

Frequently asked questions

What is the difference between a criminal lawyer and a criminal defence lawyer?

In everyday use they mean the same thing: a lawyer who defends people accused of criminal offences. "Criminal lawyer" and "criminal defence lawyer" are used interchangeably. (A Crown prosecutor also works in criminal law, but on behalf of the state, not the accused.) When you retain Kazandji Law, you are retaining defence counsel whose sole duty is to protect your interests.

Do I really need a lawyer if I'm planning to plead guilty?

Yes. Arguably even more so. Before any plea, a lawyer reviews the disclosure to confirm the Crown can actually prove the charge, identifies possible defences or Charter issues, and negotiates the charge and sentence. Many people who assumed they would plead guilty end up with a withdrawal, a diversion, or a much better resolution once counsel is involved.

What does it mean to be "presumed innocent"?

It means the law treats you as innocent unless and until the Crown proves your guilt beyond a reasonable doubt. The burden is entirely on the prosecution; you do not have to prove your innocence, and you cannot be required to testify against yourself. The presumption of innocence is guaranteed by section 11(d) of the Charter.

What happens at a bail hearing?

At a bail hearing (judicial interim release under section 515 of the Criminal Code), the court decides whether you will be released while your case proceeds and on what conditions. It considers whether you will attend court, whether your release poses a risk to the public, and whether detention is needed to maintain confidence in the justice system. A workable release plan and reliable sureties are often decisive, which is why preparation matters.

Can the police search me, my car, or my phone without a warrant?

Only within legal limits. Section 8 of the Charter protects against unreasonable search and seizure. Some searches are lawful without a warrant, for example, certain searches incident to a lawful arrest, but the contents of a cell phone and a person's home attract a high expectation of privacy. If a search exceeded its lawful bounds, the evidence it produced may be excluded.

What is disclosure, and why does it matter?

Disclosure is the Crown's evidence, which it is constitutionally required to share with the defence under R. v. Stinchcombe. It includes police notes, statements, video, and forensic reports. A careful review of disclosure is where most defences are built, and missing or late disclosure can itself become a live issue in the case.

What is the difference between summary and indictable offences?

Summary conviction offences are less serious, tried by a judge alone with lower maximum penalties (generally up to two years less a day unless a section says otherwise). Indictable offences are more serious, with higher maximums and, for many, a choice of trial mode including judge and jury. Hybrid offences can go either way, and the Crown chooses whether to proceed summarily or by indictment.

Will a criminal charge give me a criminal record?

Not automatically. A charge is not a conviction. If the charge is withdrawn, if you complete a diversion program, or if you receive an absolute or conditional discharge under section 730 of the Criminal Code, no conviction is registered. A record results only from a finding or plea of guilt that leads to a conviction.

How long does a criminal case take in Ontario?

It varies widely. A matter that resolves early through diversion or negotiation may conclude in a few months, while a contested trial can take a year or more from first appearance to verdict. The Charter guarantees the right to be tried within a reasonable time, and unreasonable delay can, in some cases, lead to a stay.

How can a criminal charge affect my immigration status?

It can have serious consequences. Under the Immigration and Refugee Protection Act, certain convictions can render a permanent resident or foreign national inadmissible to Canada, sometimes with limited or no right of appeal. For non-citizens, avoiding a conviction can matter more than the sentence itself, so it is essential to raise your status with your lawyer at the very start.

How much does a criminal defence lawyer cost?

Fees depend on the seriousness and complexity of the charge and on whether the case resolves early or proceeds to a contested trial. Kazandji Law offers a free initial consultation and will explain the process, the likely steps, and the anticipated cost before you decide anything.

What areas does Kazandji Law serve?

We defend criminal charges across Toronto and the Greater Toronto Area, including North York, Scarborough, Etobicoke, Thornhill, Vaughan, Markham, Richmond Hill, Oakville, Brampton, Hamilton, and Newmarket, and we appear in the Ontario Court of Justice and Superior Court locations throughout the region.

Sources & legal references

1. Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982: ss. 7 to 14 (legal rights), s. 8 (search or seizure), s. 9 (arbitrary detention), s. 10(b) (right to counsel), s. 11(d) (presumption of innocence), s. 11(e) (reasonable bail), s. 24(2) (exclusion of evidence): laws-lois.justice.gc.ca/eng/const/page-12.html.
2. R. v. Grant, 2009 SCC 32 (three-part test for exclusion of evidence under Charter s. 24(2)): canlii.org/en/ca/scc/doc/2009/2009scc32.
3. Criminal Code of Canada (R.S.C. 1985, c. C-46), s. 515 (judicial interim release / bail): laws-lois.justice.gc.ca/eng/acts/c-46/section-515.html.
4. R. v. Stinchcombe, [1991] 3 S.C.R. 326, 1991 CanLII 45 (SCC) (Crown's duty to disclose all relevant information): canlii.org/en/ca/scc/doc/1991/1991canlii45.
5. Criminal Code of Canada, ss. 718 to 718.2 (purpose and principles of sentencing, including proportionality): laws-lois.justice.gc.ca/eng/acts/c-46/section-718.html.
6. Criminal Code of Canada, s. 730 (absolute and conditional discharges): laws-lois.justice.gc.ca/eng/acts/c-46/section-730.html.
7. Classification of offences (summary conviction, indictable, and hybrid/dual-procedure); general summary maximum and Crown election; see Criminal Code s. 787 (general penalty for summary conviction) and Interpretation Act, R.S.C. 1985, c. I-21, s. 34 (procedure where offence indictable or on summary conviction): laws-lois.justice.gc.ca/eng/acts/c-46/section-787.html; laws-lois.justice.gc.ca/eng/acts/i-21/section-34.html.
8. Immigration and Refugee Protection Act (S.C. 2001, c. 27), ss. 36 and 37 (criminality, serious criminality, and inadmissibility): laws-lois.justice.gc.ca/eng/acts/i-2.5/section-36.html.

Disclaimer: This page provides general legal information about Canadian and Ontario criminal law and is not legal advice. Laws, penalties, and procedures change, and how they apply depends on the specific facts of your case. For advice about your situation, contact a lawyer. Contacting Kazandji Law does not create a solicitor-client relationship until a retainer is signed.