May 12

Top Reasons Why Bail May Be Denied in Ontario and How a Lawyer Can Help

Being denied bail in Ontario can be a stressful and life-altering event. If you or a loved one is facing criminal charges, understanding why bail may be refused—and how a skilled criminal defence lawyer can help—could make all the difference in regaining freedom while awaiting trial.

At LZZ Defence, we specialize in securing bail for clients across Toronto, Halton, Peel, York, Durham, and surrounding regions. In this guide, we outline the most common reasons for bail denial and what can be done to fight it.

What Is Bail and Why Is It Important?

Bail allows a person charged with a criminal offence to remain free while their case proceeds through the court system. In Ontario, the Criminal Code of Canada states that a person should not be denied reasonable bail without just cause.

Despite this, bail can still be denied for several reasons. Understanding these grounds is crucial for preparing a strong defence.

Common Reasons Bail May Be Denied in Ontario

  1. Flight Risk

The court may believe that the accused will not return for future court dates. Factors that can influence this decision include:

  • Lack of stable housing or ties to the community
  • History of failing to appear in court
  • Access to resources that could help them flee
  1. Risk to Public Safety

If the court believes that releasing the accused poses a threat to public safety, bail may be denied. This is common in cases involving:

  • Violent offences (e.g., assault, weapons charges)
  • Domestic violence
  • Gang-related activity
  1. Risk of Reoffending

A judge may refuse bail if there is a concern the accused will commit further crimes if released. This is especially likely in cases involving:

  • Repeat offenders
  • Breaches of prior conditions
  • Substance abuse-related charges
  1. Maintaining Public Confidence in the Justice System

Even if an accused person is not considered a flight risk or public threat, bail may still be denied to maintain confidence in the justice system. This is more common in high-profile or particularly serious cases such as:

  • Sexual assault
  • Homicide
  • Large-scale fraud or corruption

How a Lawyer Can Help You Secure Bail

Hiring an experienced bail lawyer in Ontario is one of the best ways to increase your chances of being released. Here’s how LZZ Defence can help:

Develop a Strong Bail Plan

We work with families and sureties to present a detailed release plan that addresses the court’s concerns—such as supervision, curfews, and treatment programs.

Challenge the Crown’s Evidence

Our team cross-examines the Crown’s arguments and exposes weak points in their case for detention.

Advocate for Fair Conditions

We negotiate for reasonable conditions that do not set clients up for failure or re-arrest.

File a Bail Review if Denied

If bail has already been denied, we can file a bail review application in the Superior Court to challenge the decision with new evidence or legal arguments.

Don’t Face Bail Alone—Let LZZ Defence Help

Bail hearings are one of the most critical stages of the criminal justice process. The outcome can determine whether you spend months in custody or return home to support your family and prepare your defence.

At LZZ Defence, our lawyers have extensive experience handling bail hearings across:

  • Toronto
  • Brampton and Mississauga (Peel Region)
  • Newmarket, Vaughan, and Markham (York Region)
  • Oshawa, Whitby, and Ajax (Durham Region)
  • Hamilton
  • Burlington, Milton, and Oakville (Halton Region)

Call Us Now for Bail Help

If you or a loved one has been denied bail—or is about to attend a bail hearing—don’t wait. Call LZZ Defence today.

Free Consultation Available
Visit www.lzzdefence.ca

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