Criminal Lawyer in Markham: What to Do After a Charge

What to do right now if you were charged in Markham

Being arrested or charged is frightening, whether it happened to you or someone in your family. Take a breath. A charge is an accusation, not a finding of guilt. Everyone charged in Canada is presumed innocent until the Crown proves the case beyond a reasonable doubt.

Here are the most important steps in the first days:

• 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 an arrest or detention. You can ask for this again if you are questioned later.
• You have the right to stay silent. You generally do not have to answer police questions about the allegation. Being polite and giving your name is fine. Explaining your side can wait until you have legal advice.
• Follow your release conditions exactly. If police released you with an undertaking, or a court released you on bail, you will have conditions, such as staying away from a person or place, not having weapons, or not drinking. Breaking a condition is a separate criminal charge, even if the original charge is later withdrawn.
• Keep every piece of paper. Your release document, any notice from police, and property receipts all matter. Take photos of them as a backup.
• Write down your first court date. It is on your release paperwork, along with the Ontario Court of Justice location. Missing it can lead to a warrant for your arrest.

You can request a free, confidential first consultation with a criminal defence lawyer using the form on this page.

How a criminal case moves through the courts in Markham

In Ontario, police lay charges themselves. In Markham, that usually means York Regional Police, the service covering the region. Once a charge is laid, the case is prosecuted by Crown attorneys of Ontario's Ministry of the Attorney General. Most federal drug charges under the Controlled Drugs and Substances Act (CDSA) are prosecuted by the Public Prosecution Service of Canada instead.

1. First appearance. Almost every case starts in the Ontario Court of Justice. The first appearance is usually short. You, or a lawyer on your behalf, confirm the charge and receive or request disclosure. You are not expected to plead that day.
2. Disclosure. The Crown must give you the evidence it has, such as police notes, witness statements, videos and reports. Your lawyer reviews it to find strengths and weaknesses.
3. The Crown's election. Many offences are "hybrid", meaning the Crown can choose to proceed by summary conviction (the less serious route) or by indictment (the more serious route). The choice affects the maximum penalty and, for indictable matters, whether you can choose a trial in the Superior Court of Justice, sometimes with a jury.
4. Crown pre-trial and judicial pre-trial. Meetings where the lawyers discuss the case, possible withdrawal, diversion or resolution, and how long a trial would take.
5. Resolution or trial. Some charges are withdrawn or resolved through diversion or a peace bond. Others go to trial, where a judge decides whether the Crown has proven its case.

Simple cases may wrap up within a few months. More complex ones can take a year or longer. The Supreme Court of Canada has set ceilings on reasonable delay: generally 18 months in provincial court and 30 months in superior court, though exceptions apply.

What a criminal lawyer can do for you

Criminal defence covers a wide range of charges. Among the most common are assault, impaired driving, theft and shoplifting, fraud, drug possession and trafficking, weapons offences, and breaches of release conditions or probation. A lawyer can:

• Help with release. Prepare for a bail hearing, propose a plan or surety (a person who supervises you), and ask to change conditions that keep you from home, work or family.
• Test the evidence. Look at identification, witness credibility, video, and whether police had lawful grounds for an arrest, search or breath demand.
• Raise Charter issues. If your rights were breached, for example an unlawful search or a delay in letting you call a lawyer, evidence may be excluded.
• Explore defences. Depending on the charge, this may include self-defence, consent, lack of intent, or that you were not the person involved.
• Handle related consequences. For impaired driving, Ontario imposes a 90-day Administrative Driver's Licence Suspension (ADLS) and vehicle impoundment separately from the criminal case. A lawyer can explain how these interact.
• Negotiate. Where appropriate, a lawyer may discuss withdrawal, diversion, a peace bond or a reduced charge with the Crown. Any decision about how to plead is yours.

Crime in Markham: what the numbers show

The figures below are Statistics Canada police-reported data (table 35-10-0177) for the York Region police service area, which includes Markham. They count incidents reported to police, not convictions.

Year	Violent rate per 100,000	Violent incidents	Property rate per 100,000	Property incidents
2016	517.4	5,918	1,502.1	17,181
2019	645.96	7,701	1,823.97	21,745
2023	996.23	12,476	2,341.72	29,326
2024	968.78	12,476	2,087.27	26,880
2025	956.56	12,425	1,984.26	25,774

In 2025, the violent crime rate was 956.56 per 100,000, with 12,425 incidents and 3,472 persons charged. That is below the Ontario rate of 1,077.77 and well below the Canada rate of 1,443.25. The violent rate rose steadily from 2016 and peaked in 2023, then eased slightly in 2024 and 2025.

Property crime in 2025 stood at 1,984.26 per 100,000 (25,774 incidents, 2,855 persons charged), compared with 2,599.56 in Ontario and 3,140.55 in Canada. It also peaked in 2023 and has fallen in each of the two years since.

For the wider Toronto census metropolitan area, which includes Markham, the 2025 Crime Severity Index was 54.99 overall and 71.57 for violent crime, down 7.47% from the year before. Canada's index is set at 100 in 2006 terms, so lower means less severe. See more on the Markham crime statistics page and in our Ontario crime news.

Possible penalties and other consequences

Penalties depend on the offence, whether the Crown proceeds summarily or by indictment, your history and the facts. For most summary offences, the maximum is now two years less a day in jail and a fine. Indictable offences can carry much higher maximums. Possible outcomes range from a withdrawal or discharge to probation, fines, conditional sentences or jail. Bill C-5 removed several mandatory minimum penalties, including for many drug offences, though some remain.

A conviction can also mean a criminal record, trouble crossing the U.S. border, problems with jobs that need background checks, and, if you are not a Canadian citizen, possible immigration consequences, including for permanent residents. Our offence guides explain specific charges in more detail. The Criminal Code itself is available at laws-lois.justice.gc.ca.

Choosing a lawyer and paying for one

Useful questions to ask at a first meeting:

• How often do you handle charges like mine in the Ontario Court of Justice?
• What do you see as the main issues in my case after reviewing disclosure?
• Who will actually appear for me, and how will we communicate?
• How are your fees structured, and what is included?

Fees vary with the charge and how far the case goes, and are discussed at the first meeting. If your income is low, you may qualify for a legal aid certificate from Legal Aid Ontario. Free duty counsel lawyers are also available at court to help with bail and first appearances, though they cannot usually take your whole case.

If you are the complainant or victim

If you were harmed, you can report to police at any time. Victim Services Ontario can offer support, information about the court process and referrals. If the accused is released, conditions often include no contact with you; tell police if those conditions are broken. Victims can also get their own legal advice. You can request a free, confidential consultation for victims.

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 or request a free consultation, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation confidentially. There is no lawyer-client relationship until you and the lawyer both agree to work together.

This page is general information, not legal advice. Every case depends on its own facts.

Frequently asked questions

How much does a criminal lawyer in Markham cost?

It depends on the charge, the complexity of the evidence, and whether the case resolves early or goes to trial. Lawyers structure fees differently, so ask about cost and what is included at the first meeting. If your income is low, you may qualify for a legal aid certificate from Legal Aid Ontario, and duty counsel at court can help with early steps like bail and first appearances at no charge.

Do I need a lawyer for a first offence?

You are not required to have one, but even a first charge can lead to a criminal record, travel limits and job problems. A lawyer can review disclosure, spot Charter issues and explain options such as withdrawal, diversion or a peace bond that may be available in some cases. Many people find that getting advice early helps them avoid mistakes. Duty counsel can also give basic help at court.

What happens at my first court appearance?

Your first appearance is in the Ontario Court of Justice at the location shown on your release paperwork. It is usually brief. You or your lawyer confirm the charge and receive or request disclosure, the Crown's evidence. You are not expected to plead guilty or not guilty that day. If you do not have a lawyer yet, duty counsel can help, and the case can often be adjourned so you can get one.

Should I talk to York Regional Police about my charge?

You have the right to remain silent and the right to speak with a lawyer without delay. You generally do not have to answer questions about the allegation, and anything you say may be used as evidence. Staying polite and giving basic identification is reasonable. It is usually wise to get legal advice before giving any statement or attending an interview.

Can criminal charges be withdrawn in Ontario?

Yes, it can happen. In Ontario police lay charges, but Crown attorneys decide whether to continue the prosecution. A charge may be withdrawn if there is not enough evidence, if it is not in the public interest to proceed, or after diversion or a peace bond. Whether this is possible depends on the facts, your history and the charge, which a lawyer can assess after reviewing disclosure.

What if I break my release conditions?

Breaching a release condition, such as contacting someone you were told to avoid, is a separate criminal offence. It can lead to arrest, a new charge and a harder time getting released again, even if the original charge is later withdrawn. If a condition is causing real problems with work, housing or family, a lawyer may be able to ask the Crown or the court to change it.