Bail hearing and Bail order reviews


When it comes to criminal justice, securing a bail is often the first step. There are many reasons why this is vital, not the least of which is the desire of the accused’s family to release him from jail. However, bail has some less obvious benefits as well. When an accused is detained, his negotiating position is negatively affected, and he may be tempted to admit guilt for something he didn’t do in order to avoid jail time. When the alleged crime is more serious and the accused is in custody until trial, the preparation for the trial will likely suffer since it will be more difficult to meet and speak with a criminal lawyer. Thus, a properly run bail hearing is very important and the accused should be given reasonable bail with fair conditions so that he can continue with his life and prepare for his defence.


In short, one can adjourn a bail hearing many times, however, if it starts and ends unsuccessfully, that is the only opportunity available at a certain court level (typically the Ontario Court of Justice). If a detention is ordered, an appeal (also known as a bail review) is filed in what is often called High Court (the Superior Court of Justice, which is located in Toronto, Newmarket or Brampton). A bail appeal may take several weeks as a transcript of the hearing needs to be prepared, and these appeals are heard only during certain days of the week. Thus, it may be better to make your appeal with the help of a bail hearing lawyer right from the start.

What are the duties of a surety?

To begin with, there is nothing you can learn about surety by watching television. In fact, the bail system in the United States is quite different from that in Canada. Sureties protect the accused while they are on bail. Historically, it has been said that the surety is like a jailer in the community for the accused. This responsibility, however, is limited by the amount of bail ordered by the Judge (unless the surety actively participates in the breach, which could lead to criminal charges). A hearing in Superior Court will be scheduled if the accused breaches bail and the Crown goes after the bail money (or if the judge “marks bail for estreat”). The surety and the accused will be given an opportunity to argue that they should not lose the money. Even though this hearing can be conducted without a lawyer, it is strongly recommended to do so if the bail amount is at least somewhat substantial.


In general, the lawyer will prepare the surety at first so that he or she feels confident taking the stand and answering questions in court. By examining the surety in open court, the lawyer will be able to extract crucial information from him. Next, the Crown will cross-examine the surety and try to persuade the presiding judge not to release the accused.

It is important that the bail lawyer focus on ensuring the judge that:

The accused will come to court whenever a summons is issued, (b) he/she won’t commit another crime while out on bail, and that; (c) society wouldn’t be incensed if the accused is released. Are you looking for a bail hearing and review lawyer Toronto? Get in touch with SC Criminal Defence today!

Why hire a bail hearing lawyer from SC Criminal Defence?

At SC Criminal Defence, our experienced team of lawyers have successfully handled numerous bail hearings and reviews in the Greater Toronto Area. Our knowledgeable attorneys will work hard for you or your loved one to ensure that their rights are respected during a bail hearing and review. Apart from bail hearings, our top criminal defence lawyers can also help with:

  • Sexual assault charges
  • Drug charges
  • Domestic assault charges
  • Robbery/Theft /Mischief
  • Youth Charges

A bail lawyer dedicated to protecting YOUR interests

With years of experience in criminal defence law, we can provide sound advice and effective representation on your behalf. We are dedicated to protecting our clients’ best interests and will make sure that they receive fair treatment throughout the process. Contact us today to learn more about how one of our bail hearing lawyers can help with your case!

We understand that when an individual is charged with a crime, it can be an incredibly stressful time for them as well as their family members. Our team of bail lawyers make sure to provide comprehensive advice, strategic representation and ethical advocacy throughout the entire process. We also make sure to keep you informed of your rights and options every step of the way. We are here for you if you need any assistance with a bail hearing or review in Toronto or anywhere else in Ontario. Contact us today to learn more about how we can help!