Released from the hospital with pending criminal charges in Ontario, Canada

If you received an Appearance Notice (Form 9) or Undertaking (Form 10) you have been criminally charged.

Whether the accused is physically injured, impaired, has pre-existing health conditions, or is just mentally overwhelmed with the arrest process, the police/EMS will not hesitate to take them to the hospital to be cleared medically before releasing them with the charging paperwork. Many accused offenders will be released from the hospital on an Appearance Notice (Form 9) or Undertaking (Form 10) with a fingerprinting and court date. Anyone who receives either of these papers has been criminally charged by the police.

Being arrested is stressful and sometimes people react in ways that may be temporarily dangerous to their health. Whether it is a domestic violence allegation, shoplifting or something else the person likely did not expect to get arrested that day. It is a life changing, shocking experience particularly for first time accused offenders.

When will the police provide the charging papers?

Most people will have paperwork with a fingerprint and court date provided to them by the police at the hospital via a Criminal Code Form 9 or 10. The accused may also be given this paperwork before seeing the doctor or even arriving at the hospital. It may have been provided at the scene (perhaps at home in domestic cases) or in the ambulance while being seen by EMS.

Sometimes the paperwork is provided after leaving the hospital.

In some cases the accused will be released from the hospital while the police complete their investigation. They may receive a phone call from the police (usually no caller ID) to arrange for the paperwork (Form 9 or 10) to be served if they later decide to lay charges. Such a "courtesy call" is not guaranteed however as the police may just show up at your door to serve it. It is also not guaranteed that the accused will be released at all as some will be taken to the police station and held for bail.

Will having to go to the hospital make my case worse?

The behaviour of the accused upon arrest is a case factor considered by both the Crown Attorney’s office and the courts. It can be mitigating or aggravating. If an accused is extremely uncooperative or unnecessarily difficult it can hurt their case or lead to a harsher sentence if found guilty. This includes, but is not limited to, faking an injury or medical condition. Generally speaking however, being taken to and released from the hospital is not considered an aggravating factor.

It is somewhat common to be taken to the hospital as part of the charging process and released on a Form 9 or 10 in Ontario because the police will seek medical attention even if the suspect is not obviously injured. If any injury is reported to 911, EMS will be called. If the accused makes statements indicating medical issues (pain, suicidal thoughts etc.) the police may take them to the hospital as they never want to take any chances. The Crowns and courts know this already and therefore being taken to and released from the hospital is usually a non-issue assuming there was not too much unnecessary drama involved.

The accused’s defence lawyer will want to convince the Crown that their client’s behaviour upon arrest does not make their case worse. If anything it demonstrates the pain they were in which itself can be punitive and therefore mitigating.

Can going to the hospital help get the charges dropped?

In cases where the accused accepts some responsibility for what happened, we want to convince the Crown that they have already learned their lesson/been punished and that it would be in the public interest to drop the charges (assault, theft, mischief, etc.). Even if the accused committed the crime, it is not always in the public interest to jail them or ruin their life with a criminal record.

Going to the hospital signifies the pain they experienced which can sometimes work in their favour. This is especially true if their injuries were caused by improper or unreasonable actions of other involved third parties (alleged victims, the police, security, etc.).

If you or someone you want to help has been charged with a criminal offence, call us today at 647-228-5969 for a free case evaluation.

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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.

Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2024 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2024. Past results are not necessarily an indication of future results.

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