May 12
Understanding the Bail Process in Ontario: A Step-by-Step Guide
If you or a loved one has been arrested and charged with a criminal offence in Ontario, understanding the bail process is critical. The decisions made in the hours and days following an arrest can impact whether the accused will remain in custody or be released while awaiting trial.
At LZZ Defence, we specialize in defending clients at bail hearings across Toronto, Peel, York, Durham, and surrounding areas. This guide will walk you through what to expect during the bail process and why having a skilled criminal lawyer by your side can significantly improve your chances of success.
What Is Bail?
Bail refers to the temporary release of an accused person from custody while they await trial. This release is usually conditional and may require the accused to follow specific rules (called “conditions of release”).
The purpose of bail is to balance the presumption of innocence with the need to ensure the accused appears in court and does not pose a threat to the public.
Step-by-Step Overview of the Bail Process in Ontario
Step 1: Arrest and Detention
When a person is arrested, police may either release them at the scene or hold them in custody for a bail hearing. If the charge is serious or the accused has a criminal history, they are more likely to be held.
Step 2: Bail Hearing
If the accused is not released by the police, they must be brought before a justice of the peace within 24 hours for a bail hearing. This hearing determines whether the accused will be released or kept in custody until trial.
Step 3: Crown Consent or Bail Plan
The Crown prosecutor may:
- Consent to bail, if the defence presents an acceptable bail plan, or
- Oppose bail, requiring a contested hearing
A strong bail plan often includes a surety—someone who agrees to supervise the accused and ensure they follow their bail conditions.
Step 4: Conditions of Release
If bail is granted, the court will impose conditions such as:
- Residing at a specific address
- Reporting to police regularly
- No contact with alleged victims or co-accused
- Abstaining from alcohol or drugs
- Travel restrictions
Violating these conditions can lead to arrest and further charges.
Step 5: If Bail Is Denied
If bail is denied, the accused remains in custody until trial. However, they may apply for a bail review at the Superior Court, which is a more complex legal procedure requiring detailed arguments and supporting documentation.
Why You Need a Bail Lawyer
Navigating the bail process without legal help is risky. A strong defence lawyer will:
- Prepare a solid bail plan
- Negotiate with the Crown for consent
- Represent you at the hearing
- Advocate for fair and reasonable conditions
At LZZ Defence, we’ve helped countless clients secure bail, often under favourable terms that allow them to return home and prepare for their defence.
Quick Facts About Bail in Ontario
- You are presumed innocent until proven guilty
- The Crown must justify why you should be denied bail
- You have the right to a hearing within 24 hours of arrest
- Breaching bail conditions can result in serious penalties
LZZ Defence: Experienced Bail Lawyers in Ontario
Whether it’s a domestic assault, DUI, drug offence, or other criminal charge, our legal team has the experience and strategic insight to handle your bail hearing with care and urgency.
We serve clients across:
- Toronto
- Brampton and Mississauga (Peel Region)
- Newmarket, Vaughan, and Markham (York Region)
- Oshawa, Pickering, and Whitby (Durham Region)
- Hamilton
- Burlington, Milton, and Oakville (Halton Region)
Contact Us Today for Immediate Bail Assistance
If someone you care about has been arrested, don’t wait. The earlier you involve a defence lawyer, the better the chances of a positive bail outcome.
Call LZZ Defence now for a free bail consultation
Visit us at www.lzzdefence.ca
