Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
What happens after an arrest?
Police may release an accused with a promise to appear or an undertaking, or hold the person for a judicial hearing. An arrested person who is detained generally must be brought before a justice within 24 hours where one is available, or as soon as possible otherwise.
How is bail decided?
Courts assess whether detention is justified to ensure attendance in court, protect public safety, or maintain confidence in the administration of justice. Release is generally considered using the least onerous appropriate conditions; statutory reverse-onus situations can apply.
Sureties and bail plans
A surety may pledge to supervise an accused and support compliance with a court order. Sureties should understand their duties and the potential financial consequences before agreeing.
Changing conditions
A bail order cannot simply be ignored. Changing a condition may require Crown consent and an appropriate court process, or a bail review depending on the circumstances.
Preparing a Release Plan
A strong plan answers the Crown’s concerns before they are raised: where you will live, who will supervise you as a surety, how you will keep working or attending school, and which conditions are realistic. Unworkable conditions set people up for breach charges, so getting them right at the start matters.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Contesting the Crown’s position at a show cause hearing
- Preparing sureties to testify
- Negotiating a consent release
- Bail reviews where release was denied or conditions are unworkable
- Variations to conditions as circumstances change
Common Questions
How fast can a bail hearing happen?
An accused person must be brought before a justice without unreasonable delay, generally within 24 hours where a justice is available. Contested hearings can sometimes be adjourned, which is why preparation matters.
Does the surety have to put up money?
Not always. Many release orders involve a promise to pay only if you breach, with no money deposited.
Can conditions be changed later?
Yes, with the Crown’s consent or through a bail review. Changes such as a new address or work hours are common.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.