Your first court date after a criminal charge can feel intimidating. The courtroom runs on its own rules, and a lot of them aren’t obvious if you’ve never been inside one. Behaviour that’s perfectly polite anywhere else can come across badly in front of a judge.
Here’s the good news. A first appearance starts the court process, not a trial. Nobody will ask you to tell your side of the story, and you won’t be judged on the evidence that day. What matters is that you show up, behave well and leave with a plan for what comes next.
This guide walks you through it, from the paperwork that gives you your date to what to say when your name is called.
What Is a First Appearance?
Your first appearance is the first scheduled court date after you’ve been charged with a criminal offence. It’s an administrative step. The court confirms who you are, makes sure you have the Crown’s evidence or know how to get it, and sets the next date.
No evidence is presented. No witnesses are called. Nobody argues guilt or innocence. Those things happen later, if the case isn’t resolved first.
Where Your First Court Date Comes From
The date, time and courthouse for your first appearance are printed on the paperwork you received when you were charged or released. Which document you have depends on how you were released.
- Appearance notice. Issued by police, sometimes without arresting you. It tells you when and where to attend court.
- Undertaking. A document you sign with police to be released. It may include conditions, such as staying away from certain people or places.
- Summons. A court document, delivered to you, ordering you to attend court on a set date.
- Release order. A justice or judge issues it after a bail hearing. It sets your release conditions and can involve a surety, meaning someone who agrees to supervise you. Read more about bail hearings.
No matter the document, you’re legally required to appear in court on that date.
Find a Lawyer Before Your First Appearance
Hiring a lawyer, which the court calls “retaining counsel”, is the most useful thing you can do before your first date. Courts expect a case to keep moving, and arriving with a lawyer shows you’re taking it seriously. Waiting too long can slow your case and make it harder to resolve.
A lawyer can also save you a trip. Once you sign a document called a designation of counsel, your lawyer can attend most routine court dates on your behalf, including the first appearance.
If you don’t have a lawyer yet, you can still get help. Duty counsel are lawyers paid by Legal Aid Ontario who give free advice to unrepresented people in court. You can talk to them on the day about your charge, your paperwork and what to ask the court for.
What to Bring to Court
Bring the release paperwork the police or the court gave you. That document shows your court date and any conditions you have to follow.
A few other things are worth bringing:
- any papers the police or the court gave you about your charge
- proof of income, if you plan to apply for legal aid
- letters from an employer, doctor, counsellor or school, if you’ve been advised they could help your case
- a pen and something to write on, so you can note your next court date
Arrive on Time and Find Your Courtroom
Missing your first court date is serious. If neither you nor your lawyer attends, the court can issue an arrest warrant, and you can be charged with a separate offence for failing to attend court. Read more about what happens if you miss a court date, or speak to a failure to appear lawyer if it’s already happened.
The time on your paperwork is when the court starts hearing a block of cases, not a slot booked just for you. Outside the courtroom, you’ll find a list called a docket. It shows everyone scheduled in that courtroom at that time. Check that your name is on it, then go inside.
Names are called one at a time, and you won’t know when yours will come up. Arrive on time and expect to wait.
Some first appearances take place by video. Your paperwork, your lawyer or the Ontario Court of Justice website will tell you how to attend.
Courtroom Etiquette
Think of the courtroom as a formal space, a bit like a place of worship. A little care goes a long way.
Where to Sit
Public benches are at the back of the courtroom. The area at the front, usually behind a low wooden barrier, is for lawyers, the clerk and other court staff. Sit on the public benches and stay there until they call your name.
If there’s room, wait inside the courtroom rather than in the hallway. If you step out, you could miss your name. If the room is full, ask a court officer how you’ll know when it’s your turn.
How to Behave While You Wait
Keep quiet and pay attention. When the judge or justice of the peace walks in or leaves, the clerk will ask everyone to rise. Stand until you’re told to sit.
A few rules apply in almost every courtroom:
- turn your phone off completely, not just on silent
- no hats or sunglasses, unless you wear them for religious or medical reasons
- no eating, drinking or chewing gum
- no talking on the benches while court is in session
What to Wear
Dress as you would for a job interview. Dress pants or a skirt with a collared shirt or a modest top works well. A suit is always appropriate and a good choice for any trial date.
You’ll see people in jeans at a first appearance, and they won’t turn you away for wearing them. Still, the goal is to look like you respect the court. Skip hoodies, ball caps, tank tops, very short or revealing clothes and anything with slogans.
When Your Name Is Called
Walk to the front of the courtroom when you hear your name. Stand facing the bench, usually between the Crown and your lawyer or duty counsel.
Be polite and keep it short. This isn’t the time to explain what happened or argue that you’re innocent. Anything you say in court is on the record.
If you don’t have a lawyer yet, tell the court you’re in the process of getting one and ask to adjourn the case, which means putting it off to a later date. If something confuses you, you can ask the court to “hold down” your matter while you speak to duty counsel. The court will carry on with other cases and call your name again when you’re back.
How to Address the Judge or Justice of the Peace
In the Ontario Court of Justice, the person presiding wears a sash that tells you how to address them.
- Red sash. This is a judge. Address them as “Your Honour.”
- Green sash. This is a justice of the peace. Address them as “Your Worship.”
What Happens at a First Appearance
Here’s what you can expect once your case is called.
You may receive disclosure. Disclosure is the evidence and information the Crown has against you. If it’s ready, it goes to your lawyer, or to you if you don’t have one. If it isn’t ready yet, the court will note that and set another date.
You may receive a First Appearance Package. Some courthouses hand out a package outside the courtroom. It can include a charge sheet listing your charges, a synopsis summarising the police version of events, and a Crown screening form showing the Crown’s initial position, including whether it plans to proceed summarily or by indictment.
Your case is adjourned. The court sets a new date. That gives your lawyer time to review the disclosure and meet with the Crown for a pre-trial discussion about how the case might be resolved.
Nothing is decided on the merits. You don’t argue your guilt or innocence at first appearance. Before you leave, make sure you know your next court date.
Who Is the Crown?
“The Crown” is the prosecutor. For most Criminal Code charges in Ontario, that’s an assistant Crown attorney, a government lawyer working for the provincial Ministry of the Attorney General. For drug charges and certain other federal offences, the prosecutor is a federal Crown from the Public Prosecution Service of Canada.
Should You Plead Guilty at Your First Appearance?
Ending things quickly can be tempting. In most cases, pleading guilty this early is a bad idea.
You haven’t seen the evidence. Without reviewing disclosure, you can’t know whether the Crown’s case has weaknesses or whether you have a defence. Pleading guilty before you’ve seen it can mean giving up a defence you didn’t know you had.
A conviction leaves a criminal record. That record can affect your job, professional licences, immigration status and travel to the United States. It stays on file until you’re eligible for and granted a record suspension. Read more about what shows up in a criminal record search.
Even a small sentence has costs. A charge that ends in a fine still results in a criminal conviction, and the court can add a victim-fine surcharge on top of the fine.
Get legal advice, review the disclosure and understand the consequences before you decide anything. Learn more about what a guilty plea involves.
Getting Legal Help Before Your Court Date
A criminal defence lawyer can explain what to expect at your first appearance, attend on your behalf, review the disclosure, identify possible defences, and negotiate with the Crown. The earlier you get advice, the more options you’re likely to have.
Pyzer Criminal Lawyers has defended clients facing criminal charges in Toronto and across Ontario since 2002. The Law Society of Ontario licenses every lawyer at the firm. We’ll give you an honest assessment of your case and work toward the best possible outcome.
Frequently Asked Questions
Do I have to go to my first court appearance if I have a lawyer?
Not always. If you’ve signed a designation of counsel, your lawyer can attend your first appearance and most routine dates. Check with your lawyer before the date. Unless they confirm they’re appearing for you, go.
What happens if I miss my first court date?
The court can issue a warrant for your arrest, and you can be charged with failing to attend court. If you’ve missed a date, contact a lawyer right away. Acting quickly can make it easier to sort out.
Can my case be resolved at the first appearance?
Rarely. The first appearance is about getting disclosure and setting the next date. Pleading guilty that early, before you’ve seen the evidence or had legal advice, can mean giving up a defence and accepting a criminal record you might have avoided.
What is duty counsel?
Duty counsel are lawyers paid by Legal Aid Ontario who provide free legal advice at the courthouse to people without their own lawyer. They can explain your charge and help you request an adjournment. They don’t usually take on your whole case.
This article provides general legal information only and should not be construed as legal advice. Laws and their interpretation may change, and the application of law to specific circumstances requires professional legal assessment. If you have questions about a legal matter, please contact us for a free consultation.
