What to Expect
Being arrested and attending court probably isn't what you would expect - and not like what you see on tv. It also doesn't mean you will have a criminal record, or go to jail.
Privacy
In most youth cases the courtroom or zoom hearing is open to the public. Anyone can come into a youth courtroom and watch, however information about who is in a youth courtroom is confidential.
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It is illegal for anyone to tell members of the general public anything that could identify you as a person involved in youth court, including your name. This includes posts or comments in the newspaper or on radio, tv, online, and social media.
Timeline
Charges can often take a year or more to resolve, and longer if you plan to take your case to trial. This timeline is sometimes shortened for people who are in jail while dealing with the charges against them, because their court dates are prioritized in scheduling.​​
Impact on Health
The amount of time spent wrapped up on charges and attending court dates each month or so can take a toll on your physical or mental health, and make you feel very isolated. This is its goal - so aim to surround yourself with people or resources that can support you.
See our “We Keep Us Safe(r)” section for some ideas.​
Lawyers
Duty counsel are lawyers present at the courthouse that are available to speak to simple matters in court, and initial meetings with the crown prosecutor, but they will not run trials. They may also be different every time you appear with no to little communication with each other.
Duty counsel is also the free service you would speak to at the police station if arrested and you didn't tell police to contact a private lawyer.
Duty counsel cannot/will not represent you in the same way a private lawyer can, but they can still be useful, often have friendly relationships with other courthouse staff that can hold weight, and are an essential service. You do not need a private lawyer.
As mentioned, duty counsel is different from Legal Aid. Legal Aid Ontario is who you apply to to get a private lawyer's costs covered. You can apply to legal aid only if you are:
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low income, and
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the crown is asking for jail time
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Up to date eligibility for a legal aid certificate can be found here.
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Other things that might be unexpected include:
All lawyers - duty counsel and private lawyers - are often trained in law school to plead people out on charges. This does not mean you should agree to a plea - the choice is always yours. Your lawyers ultimately take their direction from you.
Lawyers are also singularly focused on getting people out of prison - but sometimes this means they want you to accept bail conditions you can not keep. This especially happens when the court tries to order people not to use substances while they also have an addiction or substance use disorder. Having a lawyer who understands the challenges of these conditions, and perhaps having alternative arguments or propositions, can help keep you out of jail in the long term.
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See our "Lawyers" page for more in-depth information to make a decision about hiring a lawyer, using duty counsel, or self-representing.​
Visuals
Scroll to the right to see more visuals.