FAQ

An arraignment is the first court appearance after being charged. The charges are read, and the accused enters a not guilty plea. The disclosure of evidence is given by the Crown at this step of the procedures, and the next court steps are set. If the accused is detained, the judge can also deal with bail at this stage.

A bail hearing is the court process where a judge decides whether an accused person—who has been arrested and charged—should be released while awaiting trial, and under what conditions.

Here’s how it works:

1. Purpose
   The main goal is to decide if the accused can be trusted to follow court orders and return for future court dates, without posing an unacceptable risk to the public or the justice process.

    

2. Timing
   – According to the law, the hearing should happen within 72 hours of the arraignment (or as soon as possible) if the person is being held in custody.
   – However, it is usually postponed for preparation or negotiation.

    

3. Presumption of release
   In most cases, the Criminal Code of Canada says an accused should be released on the least restrictive conditions necessary—unless the prosecution can show why they should be detained.

    

4. Burden of proof
   – Usually, it’s the Crown prosecutor who must prove detention is necessary (reverse onus applies in certain situations, like serious violent offences, breach of bail, firearms offences, etc.).
   – The defence tries to show the accused can be released with appropriate conditions.

    

5. Grounds for detention (Criminal Code, s. 515(10))
   The judge considers three main reasons for keeping someone in custody:
   – Primary ground – ensuring the accused attends court (risk of flight).
   – Secondary ground – protecting the public or preventing further offences.
   – Tertiary ground – maintaining confidence in the administration of justice (seriousness of offence, circumstances, potential sentence, strength of the case).
6. Possible outcomes
   – Release with conditions (e.g., curfew, reporting to police, no-contact orders, travel restrictions, abstaining from drugs/alcohol, etc.)

– Release with surety (caution—a person who pledges money or supervision).

– Detention until trial (détention préventive).

Sentencing happens after a conviction or guilty plea, and the possible sentences depend on the offence, your criminal record, and other circumstances.

Here are the main possibilities:

1. Discharge 
   • Absolute discharge – no conviction registered, no further sentence.
   • Conditional discharge – no conviction if you follow probation conditions.

      

2. Fines
   • You pay a set amount; can be combined with other penalties.

      

3. Community-based sentences
   • Suspended sentence – no jail if you follow probation.
   • Conditional sentence – served in the community (often house arrest) with strict rules.

      

4. Imprisonment
   • Time in custody (provincial jail if under 2 years; federal penitentiary if 2 years or more).

      

5. Intermittent sentence
   • Jail served in intervals (e.g., weekends), usually for sentences of 90 days or less.

      

6. Other penalties
   • Restitution to victims, driving prohibitions, weapons bans, DNA orders, etc.

It is absolutely your right to represent yourself. However, we can’t say that it is recommended to do so. Just like you would go see a doctor for medical questions, consult a lawyer for your legal issues.  The right lawyer isn’t just someone who knows the law—they’re your advocate, strategist, and shield in the courtroom. Contact Me Lory Zakarian and see how she can assist and reassure you through these issues.

The most important step is not to speak to police or investigators without legal advice. Contact a criminal defence lawyer immediately. We’ll review the allegations, explain your rights, and represent you in court if needed.

The first appearance is not your trial. It’s a brief procedural step where the court confirms that you received disclosure (the evidence) and that you have or are seeking legal representation. We can appear for you in most cases so you don’t have to attend in person.

Each case is different. We assess the strength of the evidence, negotiate with the prosecutor, and identify legal or procedural flaws. If dismissal isn’t possible, we work toward the best outcome — such as diversion, peace bond, or a reduced sentence.

A conviction can impact employment, travel, and immigration status. However, there are ways to minimize the impact, such as seeking a discharge, absolute or conditional, or later applying for a record suspension (pardon).

Our team represents clients in a wide spectrum of criminal cases — from drug-related charges and white-collar investigations to cybercrime, traffic offenses, and more. If you’re unsure whether your situation falls within our scope, we encourage you to reach out for a confidential consultation.

Even when you know you’ve done nothing wrong, evidence can be misunderstood or taken out of context. Our role is to challenge that evidence, uncover inconsistencies, and ensure your side of the story is clearly presented.