Criminal Lawyer in Brantford: What to Do After a Charge

What to do right now if you were charged in Brantford

Being arrested or charged is frightening, whether it happened to you or someone you love. You are presumed innocent, and a few careful steps now can protect you later.

• Use your right to a lawyer. Under the Canadian Charter of Rights and Freedoms, you have the right to speak with a lawyer without delay after arrest. You can ask police to let you call one, including free duty counsel.
• Stay silent about the facts. You do not have to explain your side to police. Anything you say can be used as evidence. Be polite, give your name when required, and say you want to speak with a lawyer.
• Follow your release conditions exactly. If you were released on an undertaking (a written promise to follow conditions) or a release order from a bail hearing, those conditions apply right away. Breaking one, even by accident, can lead to a new charge.
• Keep every piece of paper. Your release documents show your charges, your conditions and your first court date. Take photos and store them safely.
• Mark your first court date. Missing it can lead to a warrant for your arrest. A lawyer or duty counsel may be able to appear for you or help you prepare.

You can request a free, confidential first consultation through the form on this page, and a criminal defence lawyer from an independent criminal defence lawyer can contact you.

How a criminal case moves through the courts in Brantford

In Ontario, police lay charges themselves, without a prosecutor approving them first. After that, the case is handled by a Crown attorney (the prosecutor) from the Ministry of the Attorney General. Federal drug charges under the Controlled Drugs and Substances Act are prosecuted by the Public Prosecution Service of Canada.

First appearance

Most cases start in the Ontario Court of Justice at the local courthouse in Brantford. The first appearance is usually short. Nobody decides guilt that day. It is mainly about confirming you have a lawyer and getting the evidence.

Disclosure

The Crown must give you disclosure: the evidence it has, such as police notes, witness statements, videos and records. Your lawyer reviews it to find weaknesses, Charter problems and possible defences.

The Crown's election

Many offences are hybrid, meaning the Crown chooses to proceed summarily (the less serious route) or by indictment (the more serious route). Since the 2019 reforms, the general maximum for summary offences is two years less a day. For some indictable offences, you may choose between trial by a judge in the Ontario Court of Justice, or by a judge alone or judge and jury in the Superior Court of Justice.

Resolution or trial

Many cases end through negotiation, a withdrawal, diversion or a peace bond. Others go to trial. The Supreme Court of Canada has set ceilings for unreasonable delay: generally 18 months in provincial court and 30 months in superior court. Simpler cases often finish within months; serious ones can take longer.

What a criminal lawyer can do for you

The most common charges in Brantford, as across Ontario, include assault, impaired driving, theft, fraud, drug offences, weapons offences and breaches of release or probation conditions. Each calls for a different approach. A criminal defence lawyer can:

• Explain your charge and what the Crown must prove beyond a reasonable doubt.
• Help with bail, including a release plan and, where needed, a surety (a person who supervises you), and later ask to change conditions that are hard to live with, such as no-contact or residence terms.
• Test the evidence, from witness credibility in an assault case to search warrants in drug and weapons cases, or breath and blood testing in impaired driving cases.
• Raise Charter issues such as unlawful searches, delayed access to counsel or unreasonable delay, which can sometimes lead to evidence being excluded or charges stayed.
• Raise defences such as self-defence, lack of intent, mistaken identity or a lack of proof.
• Negotiate with the Crown about withdrawals, diversion, peace bonds or reduced charges, where the facts allow.
• Handle related matters, for example Ontario's 90-day Administrative Driver's Licence Suspension (ADLS) and vehicle impoundment in impaired driving cases, which apply separately from the criminal charge.

Crime in Brantford: what the numbers show

These figures are Statistics Canada police-reported data (table 35-10-0177) for the Brantford municipal police service area.

Category (2025)	Brantford rate per 100,000	Incidents	Ontario rate	Canada rate
Violent Criminal Code violations	1,585.97	1,959	1,077.77	1,443.25
Property crime violations	3,851.98	4,758	2,599.56	3,140.55

In 2025, the violent crime rate rose from 1,306.73 in 2024 to its highest point since 2016, with 836 persons charged. The property crime rate had fallen from 4,523.07 in 2016 to about 3,250 in 2023 and 2024, then rose to 3,851.98 in 2025. Both rates remain above the Ontario and Canada averages.

The Crime Severity Index for the Brantford census metropolitan area was 72.08 overall and 98.18 for violent crime in 2025, up 7.76% from the year before (Canada's 2006 index equals 100; lower is less severe). See more at Brantford crime statistics and Ontario crime news. These numbers describe the community, not your case.

Possible penalties and other consequences

Penalties depend on the offence, whether the Crown proceeds summarily or by indictment, your history and the facts. Outcomes can range from a withdrawal or discharge to fines, probation, conditional sentences or jail. Some mandatory minimum penalties were repealed by Bill C-5 in 2022, but others still apply, for example for some impaired driving and firearms offences.

A conviction can also mean:

• A criminal record that may show up on background checks.
• Travel problems, especially entering the United States.
• Immigration consequences for permanent residents and non-citizens, including possible removal.
• Work and licensing effects in jobs involving vulnerable people, driving or professional licences.

Read our offence guides for details on specific charges. You can check the Criminal Code at laws-lois.justice.gc.ca.

Choosing a lawyer and paying for one

Questions worth asking any lawyer you speak with:

1. How often do you handle cases like mine in the Ontario Court of Justice?
2. What are the possible outcomes, and what could affect them?
3. Who will appear in court for me?
4. How are fees charged, and what does that include?
5. How will we communicate about my case?

Fees vary with the charge and the work involved, and are usually discussed at the first meeting. If money is tight, Legal Aid Ontario may cover a lawyer if you qualify financially and your case is serious enough. Duty counsel, free lawyers at the courthouse, can give advice and help with bail or first appearances.

If you are the complainant or victim

If you were harmed, you can report to police. Victim Services Ontario can offer support, information and referrals. If the accused has a no-contact condition, it binds them, not you, but tell police if they contact you. You may also get your own legal advice; you can request a free victim consultation.

Free, confidential consultation

Crime Canada is a news and data site, not a law firm, and does not give legal advice. When you fill in the form on this page, your request goes to an independent criminal defence lawyer. The firm reviews it and a lawyer contacts you to discuss your situation. Your information is kept confidential, and no lawyer-client relationship exists until you and the lawyer both agree to work together. Request your free consultation.

This page is general information, not legal advice. Laws and procedures change, and every case depends on its own facts.

Frequently asked questions

How much does a criminal lawyer in Brantford cost?

It depends on the charge, how complex the case is, and whether it resolves early or goes to trial. Lawyers set their own fees and usually explain them at the first meeting, so ask directly how they charge and what is included. If you cannot afford a lawyer, Legal Aid Ontario may cover one if you qualify, and duty counsel at the courthouse can help for free with early steps.

Do I need a lawyer for a first offence?

It is strongly worth getting advice even for a first offence. A first charge can still lead to a criminal record that affects travel, work and immigration. A lawyer may be able to identify defences, Charter issues or options such as a withdrawal, diversion or a peace bond, depending on the facts. At minimum, speak with duty counsel or request a free consultation before your first court date.

Where will my case be heard in Brantford?

Most criminal cases start in the Ontario Court of Justice at the local courthouse in Brantford. Your release paperwork shows the date and location of your first appearance. More serious indictable cases, including jury trials, may be heard in the Superior Court of Justice. A lawyer can explain which court is likely for your charge.

Who decides whether I am charged in Ontario?

In Ontario, police lay charges themselves. After that, a Crown attorney from the Ministry of the Attorney General prosecutes the case and can decide how to proceed, including whether to continue, withdraw or proceed summarily or by indictment. Federal drug cases are prosecuted by the Public Prosecution Service of Canada.

What happens if I break a release condition?

Breaching a condition of your undertaking or release order, such as a no-contact or curfew term, can lead to a new charge and may affect future bail. If a condition is unworkable, for example it stops you from going home or to work, do not ignore it. A lawyer may be able to ask the Crown or the court to change it.

Will a criminal charge stop me from travelling to the United States?

A charge or conviction can cause problems at the U.S. border, depending on the offence and its outcome. Border officers may ask about criminal history, and some offences can make entry difficult. Since every case is different, ask a lawyer how your charge and any possible outcome could affect travel before you plan a trip.