What Happens at a Bail Hearing

A bail hearing is one of the most critical stages in the criminal justice process. In Ontario, a person who is arrested must be brought before a justice of the peace or judge within 24 hours. At this hearing, the court decides whether the accused can be released pending trial or must remain in custody. The Crown must justify detention in most cases, but in more serious charges, such as those involving violence or firearms, the onus shifts to the defence to show why release is appropriate.

The judge or justice will consider factors such as the seriousness of the offence, prior criminal history, likelihood of attending court, and whether release would endanger the public or undermine confidence in the justice system. The availability of a responsible surety (someone who supervises the accused) can greatly influence the outcome.

At Esco Law, we act swiftly and effectively to prepare your bail hearing. We present strong release plans, secure sureties when needed, and advocate for fair and reasonable bail conditions. In many cases, we’ve helped clients secure release on the same day they were taken into custody. If your loved one has been arrested, call us immediately for urgent assistance.