Your Guide to Getting Released
Bail Hearing and Bail Review Lawyer in Brampton
Being arrested is stressful. One minute, you’re at work or home. The next, you’re in a holding cell. You feel overwhelmed, confused, maybe even scared. The good news? You have the right to a bail hearing—and if needed, a bail review—to ask for your release until your trial. The outcome of your hearing can change the course of your entire case. Knowing what to expect—and what’s at stake—can make all the difference.
What Is a Bail Hearing?
A bail hearing is your first opportunity to ask a judge for release after being charged. It’s not about whether you’re guilty or not. The focus is on whether you can be safely released into the community until your trial begins. Most bail hearings happen within 24 hours of your arrest.
At the hearing, the Crown prosecutor will argue for detention, often citing public safety or risk of flight. Your bail hearing lawyer will present your background, living situation, and release plan to show why you should be trusted on bail. They may also suggest a surety who can supervise you.
What Factors Does the Judge Consider?
Before deciding, the judge looks at several factors:
- The seriousness of your charges – Was there violence, weapons, or drugs involved?
- Your criminal history – Do you have past convictions or open cases?
- Risk of fleeing – Are you likely to attend court as required?
- Your community ties – Do you have a stable address, family responsibilities, or a job?
- Public safety concerns – Would releasing you put others at risk?
If these questions are answered positively, it can lead to judicial interim release under Section 515 of the Criminal Code.
Common Bail Conditions
The court can approve your release under strict conditions, such as:
- Residing at a specific address, often with a surety
- Following a curfew or house arrest
- No contact with co-accused or alleged victims
- No possession of weapons or certain items
- Avoiding specific locations (like a crime scene)
- Staying within Ontario or Canada
It’s important to fully understand and obey these rules. A single breach could lead to your re-arrest and weaken your case.
What Is a Bail Review?
If you were denied bail at your first hearing, you don’t have to accept it as final. A bail review, available under Section 520, lets you challenge the decision in Superior Court. This second step can offer hope—especially if there’s been a meaningful change.
You can apply for a bail review if:
- There’s been a material change in your circumstances (e.g., new surety, stable job, housing)
- There was an error in law or fact during your original hearing
These reviews require a well-drafted application, transcripts from the first hearing, and supporting affidavits.
How a Bail Review Lawyer Helps
Unlike the initial hearing, bail reviews are more complex and evidence-heavy. As an experienced bail review lawyer, I help by:
- Preparing affidavits from new sureties or employers
- Identifying mistakes in how your first hearing was handled
- Gathering fresh evidence that wasn’t available before
- Suggesting fair conditions that address concerns raised by the court
Together, we build a case strong enough to earn back your freedom.
What You Should Prepare for Your Lawyer
To make your case as strong as possible, provide:
- All documents from your first hearing (court decisions, disclosures, conditions)
- Details on any changes since your last appearance
- Contact details for proposed sureties, with employment or character references
- Medical records, if health is a concern
Being open and detailed helps us craft a release plan the judge can trust.
Why It’s So Important to Get Bail Right
Every day spent in custody affects your mental health, your ability to work, your family, and your case preparation. Without bail, you’re dealing with the justice system from a jail cell—and that puts you at a disadvantage.
That’s why it’s crucial to get expert help the first time, and act quickly if bail was denied. Bail isn’t guaranteed, but a strong legal strategy gives you the best shot.
Why Work With Me
In my 30+ years as a criminal lawyer, I’ve handled hundreds of bail hearings and bail reviews in Brampton, Toronto, Mississauga, and the GTA. I’ve worked with clients facing everything from minor shoplifting to serious drug or firearm charges. No matter your background, I take your situation seriously.
- Straightforward communication – I speak your language, not legal jargon
- Dedicated representation – You work directly with me, not a junior associate
- Community trust – I’ve built a reputation for getting real results for real people
FAQ: Bail Hearing & Bail Review
What if I was denied bail—can I appeal?
Yes. You can apply for a bail review in Superior Court, but you must show new evidence or an error in the original hearing.
How long does a bail review take?
It usually takes a few weeks to prepare and schedule. The sooner you start, the better.
Can I get bail if I have prior charges?
Yes, but it depends on the details. Your lawyer must show why you’re still a good candidate for release.
Can I switch sureties during a bail review?
Yes. A new or stronger surety is one of the most common reasons for a successful review.
Will the same conditions apply if I win my review?
Not always. The judge can change or adjust the conditions based on your updated plan.
What is a surety and what do they do?
A surety is someone who agrees to supervise you while you’re out on bail. They must ensure you follow all bail conditions and may lose money if you don’t.
What if my surety can no longer supervise me?
Contact your lawyer right away. A new surety must be approved by the court, or you may need a bail review to modify your conditions.
Can I apply for a bail review more than once?
In most cases, yes—but each time you apply, you must show something new or different from the last application.
Is a bail review always held in person?
Not necessarily. Depending on the court and situation, it may be done virtually or in person.
What’s the difference between a bail hearing and a bail review?
A bail hearing is your first request for release. A bail review happens only if your request was denied, and you’re asking a higher court to reconsider.
Don’t Wait—Your Freedom Matters
Whether you’re heading into your first bail hearing or challenging a denial through a bail review, time is of the essence. Let’s work together to build a smart, strategic plan for your release.
