Bail hearing lawyer in Toronto
If someone is in custody right now, this is the page that matters. A bail hearing is the most time-sensitive thing that happens in a criminal case, and it is often the part with the largest effect on everything that follows.
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If a family member has just been arrested, call now rather than reading on. Bail work is measured in hours. The phone is answered 24 hours a day at 416-855-7799.
What a bail hearing decides
A bail hearing decides whether a person waits for their trial at home or in custody. In Canada a person charged with an offence is presumed innocent and has a constitutional right not to be denied reasonable bail without just cause. In practice, whether release actually happens depends heavily on how well prepared the hearing is.
Someone arrested and not released by the police must be brought before a justice within a short statutory window. That is a very small amount of time in which to find a lawyer, locate a surety, and build a release plan. It is the reason bail is the one area where calling at two in the morning is the right thing to do.
The three grounds
The Crown may seek detention on any of three grounds, and a plan has to answer all of them:
- The primary ground. Whether detention is necessary to ensure the person attends court.
- The secondary ground. Whether detention is necessary for the protection or safety of the public, including any substantial likelihood of reoffending or interfering with the administration of justice.
- The tertiary ground. Whether detention is necessary to maintain confidence in the administration of justice, having regard to matters such as the apparent strength of the case and the seriousness of the offence.
Ordinarily it is the Crown that must show why a person should be detained. For certain offences and in certain circumstances, however, that burden reverses and the accused must show why they should be released. Knowing which situation you are in shapes the entire hearing.
Sureties
A surety is a person who comes to court, takes responsibility for supervising the accused in the community, and pledges an amount of money that can be forfeited if the conditions are broken. A strong surety is very often the single most important element of a release plan.
A surety will generally be asked about their relationship to the accused, their employment and finances, whether they have a criminal record, whether they understand the allegations, where the accused would live, and how they would actually supervise day to day. They should expect to be questioned, and should be prepared rather than surprised.
If you are considering acting as a surety, speak to the lawyer before the hearing. A surety who comes to court unprepared can sink an otherwise viable plan.
What a prepared release plan looks like
- A confirmed, suitable address, with a named person accountable for what happens there
- One or more sureties who have been properly briefed
- Realistic conditions proposed proactively rather than conceded reactively
- Employment, schooling, treatment or counselling arrangements documented where relevant
- A clear answer to whatever the Crown's actual concern is, rather than a generic offer
If bail has already been denied
A detention order is not necessarily the end of it. There are avenues to have a bail decision reviewed, and changes in circumstances — a new surety, a new plan, a material change in the case — can support a fresh application. If someone has been detained, it is still worth getting advice about what can be done.
If you are already on release
Follow every condition precisely. Breaching a condition is a separate criminal offence, it gives the Crown a powerful argument at any future hearing, and it damages the underlying case. If a condition has become impossible to live with, the answer is to apply to vary it, not to ignore it.
What we need from you when you call
- The full name and date of birth of the person in custody
- Where they are being held, if you know
- What they have been charged with, as precisely as you can
- When they were arrested
- Who might be able to act as a surety, and their relationship to the accused
If you do not have all of it, call anyway. We can work with less.
Common questions
How quickly does a bail hearing happen?
A person who is arrested and not released by police must be brought before a justice within a short statutory window. That leaves very little time to retain counsel, arrange a surety and prepare a release plan, which is why bail is genuinely urgent and why our phone is answered overnight.
What does a surety actually do?
A surety supervises the accused in the community and pledges an amount of money that can be forfeited if conditions are breached. They are usually questioned in court about their relationship to the accused, their finances, their understanding of the allegations and how they would supervise day to day. A well-prepared surety is often the most important part of a release plan.
Does a surety have to hand over money up front?
Generally no. The amount is normally pledged rather than deposited, meaning it becomes payable only if the accused breaches. The surety does need to be able to demonstrate they genuinely have what they are pledging.
Can bail be granted on a serious charge?
Yes, release is possible on serious charges, though for certain offences the burden shifts to the accused to show why they should be released rather than requiring the Crown to show why they should be detained. The seriousness of the charge raises the standard of preparation required; it does not make release impossible.
What happens if bail is denied?
A detention order can be reviewed, and a materially changed circumstance such as a new surety or a stronger plan can support a further application. Detention at the first hearing is not necessarily the final answer, and it is worth getting advice about the options.
What if a bail condition is impossible to follow?
Apply to vary it. Do not simply breach it. A breach is a fresh criminal offence, it hands the Crown an argument at every later stage, and it does far more damage than the inconvenient condition ever would.
Talk to us about your case
Every Defence LLP has defended criminal charges across Ontario since 2006. Our office is at 920 Yonge Street, Suite 602, Toronto. The first consultation is free and the phone is answered around the clock.