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If you or someone you know has been arrested, here is an overview of the Ontario bail hearing procedure you can expect.

After a person is arrested, he or she may be released pending the first court date, or may be kept in custody. If kept in custody, the accused must be brought before a justice within 24 hours at which time the accused will have a bail hearing before a justice, or for certain more serious charges a detention order will be made after which the accused can apply for a bail hearing before a judge.

While Duty Counsel can assist an accused at his or her bail hearing, it is advisable to retain private counsel as an accused only gets one chance at a bail hearing. If an accused does not succeed at the bail hearing, he or she will have to remain in custody until the trial unless a successful bail review (appeal) has been launched . Depending on the jurisdiction, the trial date may be months away.

At the bail hearing it will be determined if the accused will be released from custody for the period leading up to the trial. Generally at a bail hearing, it is the Crown who has to “show cause” as to why an accused should not be released. But in certain cases there is a “reverse onus”, whereby it is the accused who must show the court why his or her detention is not justified.

For an accused to “get bail”, the Court has to believe that if that person released, he or she will come to Court when required, will not be a public safety concern, will not re-offend, and that releasing that accused is not going to undermine public confidence in the justice system.

For the Court to be convinced that these conditions will be met if the accused is released, a good surety is usually called for. A surety is someone who will take responsibility for ensuring that the accused meets these conditions and any other terms that the Court imposes. In a bail hearing, the surety is usually put on the stand and examined and cross-examined, in order for the Court to determine whether or not the Court is confident that this surety will be able to effectively supervise the accused if the accused is released.

The surety is usually also liable for a sum of money. Unless the accused lives very far away, the money that the surety pledges is not deposited with the Court. However, if the accused breaches one of the conditions or terms of the release, then the surety stands to lose some or all of the money, or go to jail if the money is not paid. As well, the accused will be charged with another criminal offence.
Sometimes the terms of a bail order include a term that the accused must reside with the surety. Another possible term may be that the accused must remain in the residence (i.e., be under “house arrest”) at all times except while in the direct company of the surety. If there were other people involved in the offence there may be non-communication terms and terms to remain a certain distance away from those people. Several other terms may be included. If the accused does not honour one of the conditions or terms, the surety must call the police.

A surety’s responsibilities continue until either the trial is completed or the accused pleads guilty and is sentenced or all the charges are withdrawn – so it could be a lengthy period of time. A surety may at anytime decide not to continue being a surety. If that is the case, the surety may bring the accused to Court, or come to Court without the accused, and ask to be relieved of the duties. Once that is done, the accused will be arrested.

A good surety should:

1. have no criminal record,
2. knows the accused well enough to be willing to let the accused reside with them, able to monitor the behaviour of the accused,
4. have a good steady job and/or some assests such as a house.

Need Ontario bail hearing procedure help? Call our lawyers at 1-800-668-1657 or visit one of our offices to get free 30-min consultation.

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Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be more
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15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time more
19:28 26 Jun 18
When my daughter's boyfriend had a problem I looked up Jordan Tekenos-Levy. Jordan did an amazing job defending this young man. He showed compassion and care in a very sensitive issue. Jordan is a great lawyer, he fights hard for his clients and ensures their loved ones are kept in the loop during the entire process. He is honest and doesn't sugar coat the situation. I would highly recommend his services. We owe him a huge debt of gratitude and I wish him all the best in the more
Laurene Smith
02:58 16 Nov 18
I was falsely accused of a crime and I sought out representation. I did not know exactly where to go, I was in a panic as I've never seriously run afoul with law enforcement. Mr. Nathan Baker and his staff were assigned to my case, and I am thankful that they were. Knowing I was innocent I still was worried about how everything was going to play out as I wondered 'how could this even be happening'. Mr Baker and his staff helped walk me through the court process that was completely unfamiliar to me, besides what Id seen on television. It was a two year process, and every step of the way all my questions and inquisitions were answered and put at ease. I give this Firm my full endorsement, they believed in me, supported my case and followed through on every detail pertaining to it, and defended me to a correct Not Guilty verdict. For that I will be forever grateful. I've never had the need for an attorney to represent me before the false accusation, and I hope I never need it again. But if I do, I'd want this firm to represent more
Zak Piva
03:06 28 Oct 18
I would like to thank the lawyers at Aitken Robertson especially Philip Stiles and Lavina Inbar for helping me thru this most difficult time.Everyone i was in contact with were very polite and professional.Being a very high stress time of my life i could not have been happier to hear a "Not Guilty " verdict.I will always recommend Aitken Robertson to anyone i hear of needing a good lawyer.Thank you all very muchMauriceread more
Maurice Flight
20:22 31 Oct 18
Justin provided thorough and caring representation for my friend who had a court proceedings. I would recommend Justin and the Aitken Robertson team to anyone in a similar situation. Thanks!
Rexy H
19:26 08 Sep 18
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