What Bail Hearings & More Charges Mean in Ontario
Being held in custody pending trial is stressful and disruptive. The bail system determines whether you'll be released and under what conditions:
- Show Cause Hearing (Bail Hearing) - Court hearing to determine release
- Release on Undertaking - Released on your promise to attend court
- Release with Surety - Released with someone guaranteeing your attendance
- Detention Order - Held in custody pending trial
- Bail Review - Appeal of bail decision to Superior Court
- Bail Variation - Changing the terms of release
Under the "ladder principle," courts should impose the least restrictive form of release necessary.
Potential Penalties & Consequences
Bail decisions consider:
- Primary Ground: Will you attend court?
- Secondary Ground: Are you a danger to the public?
- Tertiary Ground: Would release undermine confidence in the justice system? (serious offences)
If detained:
- You remain in custody until trial or resolution
- Trials can take months or years to reach
- You can apply for bail review to Superior Court
- 90-day detention reviews are available for certain charges
If released: Violating conditions leads to additional charges and likely detention.
How We Defend Bail Hearings & More Cases
What Happens After an Arrest
The bail process in Ontario:
- Arrest: Police decide whether to release or hold for bail hearing
- Bail Hearing: Usually within 24 hours if held
- Surety: A responsible person who promises to supervise you and forfeits money if you breach
- Conditions: May include curfew, no contact, geographic restrictions, house arrest
- Compliance: You must follow all conditions exactly
24/7 Service: We handle emergency bail hearings any day, including weekends and holidays.
Frequently Asked Questions
How quickly can I get a bail hearing?
If you're held in custody, you have the right to a bail hearing within 24 hours (or as soon as possible). We can appear for bail hearings on short notice, including weekends and holidays at bail courts.
What does a surety do?
A surety is someone who agrees to supervise you and ensure you follow your bail conditions. They pledge money that can be forfeited if you breach. Sureties should be employed, have stable housing, and be willing to actively supervise.
Can bail conditions be changed?
Yes. If your circumstances change or conditions are too restrictive, we can apply to vary your bail conditions. Common variations include changing curfew times, modifying geographic restrictions, or changing your surety.
What if I'm denied bail?
You have the right to a bail review in Superior Court, where a judge will reconsider the decision. Bail reviews can succeed based on new evidence, errors in the original hearing, or changed circumstances.
Areas Served
Serving clients across the GTA including Toronto, Markham, Newmarket, Richmond Hill, Vaughan, Brampton, Mississauga, Hamilton, Niagara, Kitchener, Oshawa, and all surrounding areas.