The bail hearing is the first critical step in the criminal process after being charged with a criminal offence. An experienced Criminal bail lawyer is essential at this stage to ensure that you are not only released, but that you are released with the least restrictive bail conditions possible.

Our bail lawyers have secured the release of hundreds of clients in Toronto and the Greater Toronto Area and have the knowledge, experience and expertise to help you with your criminal charge.

The Bail Hearing Process

Arrest and Detention:

• • After an arrest, the police may either release the accused with conditions or detain them until a bail hearing. If detained, the accused must be brought before a judge or justice of the peace within 24 hours.

2. Preparation for the Hearing:

• The defence lawyer gathers relevant information to present at the bail hearing. This may include the accused’s criminal record, employment history, family support, and proposed bail plan (e.g., sureties, bail amount, conditions).

3. The Hearing:

• During the bail hearing, both the Crown prosecutor and the defence present their arguments. The Crown may argue for continued detention based on the primary, secondary, and tertiary grounds, while the defence seeks to convince the court that the accused can be safely released.

4. Sureties:

• Sureties are individuals who agree to supervise the accused and ensure they comply with bail conditions. Sureties must demonstrate their ability to supervise the accused and may be required to pledge a sum of money.

5. Decision:

• The judge or justice of the peace makes a decision based on the evidence and arguments presented, which can include one of the following:
• Granting bail with conditions (e.g., curfew, no-contact orders, travel restrictions).
• Releasing the accused on their own recognizance (without requiring money or sureties).
• Denying bail and ordering continued detention.

We have secured the release of clients charged with very serious criminal offences such as:

• Robbery with a firearm
• Firearm related offences
• Aggravated Assault
• Sexual Assault
• Importing drugs
• Drug Trafficking

For more information about the bail process, please visit our FAQ page