Securing your release is the most critical first step in defending your case.
When you or a loved one is arrested and held for a bail hearing (also known as a "show cause" hearing), time is of the essence. A bail hearing is arguably the most important stage of the criminal justice process. If bail is denied, you could remain in a detention centre for months, or even years, awaiting your trial.
Being detained severely impacts your ability to keep your job, support your family, and actively assist in the preparation of your own legal defence. Having an experienced bail lawyer by your side immediately ensures that a comprehensive, airtight release plan is presented to the court.
In Canadian law, there is a presumption of innocence and a constitutional right not to be denied reasonable bail without just cause. The Crown must legally justify why you should be kept in custody. They typically argue detention based on three primary grounds:
A skilled defence lawyer anticipates these arguments and prepares a proactive strategy. This often involves interviewing potential sureties (people willing to supervise you), proposing strict but livable conditions, and organizing a release plan that mitigates any of the Crown's concerns.
If you have already had a bail hearing and were ordered detained, or if you were released but given overly restrictive conditions (such as an unmanageable curfew or house arrest), the fight is not over. You have the right to apply for a Bail Review in the Superior Court of Justice.
A Bail Review is not a second chance to run the exact same hearing; you must demonstrate that the original judge made an error in law, or that there has been a "material change in circumstances" since your initial hearing (such as finding a new, stronger surety or entering a residential treatment program).
Trevor Lau has extensive experience conducting highly contested bail hearings and complex bail reviews in both the Ontario Court of Justice and the Superior Court of Justice. He understands the urgency of these situations and works relentlessly to build robust release plans, ensuring clients can return home to their families while fighting their charges.
If you or a family member has been arrested, do not wait. Early intervention is the key to a successful release.
A bail hearing is your primary appearance before a Justice of the Peace to secure release immediately after an arrest. A Bail Review is a formal, complex appeal brought before a Superior Court Judge if you were wrongly detained or if your conditions are unconstitutionally strict and require a material change in circumstances.
If you are denied bail at your initial show-cause hearing, you will be remanded into custody at a provincial detention centre. Your only legal remedy to secure release prior to trial is to have a lawyer file a formal application for a Bail Review in the Superior Court of Justice.
A surety pledges a specific amount of money to the court as a guarantee that the accused will follow their release conditions. You do not pay this money upfront, but if the accused breaches their conditions or flees, the Crown can seize your pledged assets through estreatment proceedings.
Under Section 503 of the Criminal Code, police must bring an arrested person before a justice without unreasonable delay, and strictly within a 24-hour window if a justice is available. Holding a suspect past 24 hours purely for investigative convenience can constitute a serious constitutional violation.
Yes. If the Crown prosecutor consents to the modifications, your defence lawyer can execute an administrative process called a Bail Variation. This allows you to alter highly restrictive terms—such as changing a residence, adjusting a curfew, or swapping a surety—without running a contested Bail Review in front of a judge.
Being charged with a criminal offence is a life-changing event. You deserve honest communication and a rigorous defence throughout the criminal justice process.
Contact TL Criminal Defence for experienced representation against any and all kinds of criminal charges.
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