Learn what to avoid when facing criminal charges in Ontario to protect your rights and achieve the best possible outcome
Last reviewed: 2026-04-26T00:00:00Z
The Mistake: Many people believe they can "explain their way out" of charges or that remaining silent makes them look guilty. They give statements to police hoping to clear things up.
Why It's Dangerous: Police are trained interrogators. Anything you say can be taken out of context, misinterpreted, or used against you. Even innocent statements can be twisted. You cannot "talk your way out" of charges - that's what court is for.
What to Do Instead:
The Mistake: Trying to represent yourself or refusing free legal assistance because of pride, misconceptions about Legal Aid, or thinking the charges aren't serious enough.
Why It's Dangerous: Criminal law is incredibly complex. Judges, Crown attorneys, and police are legal professionals. Without proper representation, you don't know what you don't know - from Charter challenges to disclosure rights to negotiation tactics.
What to Do Instead:
The Mistake: Violating bail conditions because you think they're unreasonable, forgetting about them, or believing "just this once won't matter."
Why It's Dangerous: Breaching bail (Form 5.1, Form 11, or Form 32) is a separate criminal offence carrying up to 2 years in jail. It makes getting bail in the future nearly impossible and shows the court you can't follow orders.
What to Do Instead:
The Mistake: Forgetting court dates, thinking one missed appearance won't matter, or being too scared/embarrassed to attend.
Why It's Dangerous: Missing court results in a warrant for your arrest, an additional charge for failure to appear (up to 2 years jail), and loss of bail. Future bail becomes extremely difficult or impossible.
What to Do Instead:
The Mistake: Posting about your case, charges, or the alleged incident on Facebook, Instagram, Twitter, or other social media platforms.
Why It's Dangerous: Police and Crown attorneys regularly monitor social media. Your posts can be used as evidence, contradicting your defence. Photos, videos, check-ins, and even "likes" can damage your case.
What to Do Instead:
The Mistake: Openly discussing case details, evidence, or strategy with friends, family, or other inmates (if in custody).
Why It's Dangerous: These people can be compelled to testify against you. Jail informants are common. There's no privilege protecting these conversations (unlike lawyer-client).
What to Do Instead:
The Mistake: Letting your lawyer handle everything without reviewing the Crown's evidence package yourself, or not identifying errors and inconsistencies.
Why It's Dangerous: You know the facts better than anyone. You can spot inaccuracies, missing evidence, or inconsistencies your lawyer might miss. This information is crucial for your defence.
What to Do Instead:
The Mistake: Allowing police to search your home, car, or phone without a warrant because you "have nothing to hide" or feel pressured.
Why It's Dangerous: You can't predict what police will find significant. Innocent items can be interpreted as evidence. Consenting waives your Charter rights and makes evidence admissible.
What to Do Instead:
The Mistake: Withholding information or lying to your lawyer because you're embarrassed, worried they'll judge you, or think it's not relevant.
Why It's Dangerous: Your lawyer needs all facts to prepare the best defence. Surprises at trial can destroy your case. Lawyer-client privilege protects your communications - they cannot share what you tell them.
What to Do Instead:
The Mistake: Pleading guilty to "get it over with," without understanding the long-term consequences or exploring other options like peace bonds or withdrawal.
Why It's Dangerous: A criminal conviction is permanent and affects employment, travel (especially to USA), professional licensing, volunteering, and more. You cannot take back a guilty plea once entered.
What to Do Instead:
The Mistake: Trying to convince the victim/complainant to drop charges, apologizing, or attempting to "work things out" directly.
Why It's Dangerous: This usually violates bail conditions and can result in new charges for witness intimidation or obstruction of justice. Even well-intentioned contact can be interpreted as threatening.
What to Do Instead:
The Mistake: Ignoring substance abuse, mental health issues, or anger management problems that contributed to the charges.
Why It's Dangerous: Courts want to see rehabilitation. Taking proactive steps shows remorse and reduces the risk of reoffending, leading to better outcomes at sentencing.
What to Do Instead:
The Mistake: Being late, dressing inappropriately, showing disrespect, chewing gum, using phones, or displaying attitude in court.
Why It's Dangerous: Judges notice everything. Poor behaviour suggests lack of remorse, disrespect for the justice system, and inability to follow rules - all factors that can influence bail decisions and sentencing.
What to Do Instead:
The Mistake: Committing new offences while on bail or during court proceedings.
Why It's Dangerous: New charges while on bail virtually guarantee detention, make future bail impossible, demonstrate to the court you cannot follow rules, and result in harsher sentences on all charges.
What to Do Instead:
The Mistake: Getting frustrated with delays and wanting to "just get it over with" by pleading guilty or accepting a bad deal.
Why It's Dangerous: Criminal cases take time - sometimes 12-18+ months. Rushing can result in accepting deals that aren't in your best interest. Sometimes delay works in your favor as witnesses forget details or Crown's case weakens.
What to Do Instead:
Facing criminal charges is one of the most stressful experiences you can go through. These steps help you protect your rights while you get legal help:
Knowledge is power, but professional guidance is essential. Quorex can help you understand your charges, prepare your defence, and connect with legal resources. Don't make these mistakes - get help now.
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