Getting released quickly after an arrest in Toronto comes down to what you do in the first 24 hours: understand how bail works, prepare a solid release plan, which may include finding a reliable surety, a person to supervise you once you are released. Use this guide and checklist to move fast and avoid mistakes.
Note: At The Criminal Law Team, our first approach is, upon arrest, to negotiate with the police a release from the police station on an undertaking with condition. If the charges are more serious and/or the police have concerns on any of the three grounds (see below), then you will be taken before a judge for a bail hearing. This guide will tell you what we, at The Criminal Law Team, will do to secure your release at a bail hearing before a Justice.
How bail works in Ontario (the three grounds)
At a bail hearing, the court looks at whether you’ll attend court; whether the public can be kept safe if you’re released; and whether release would undermine confidence in the justice system. For a plain-English federal explainer, see the bail process in Canada.
For what happens after you’re out, review The Criminal Process and Know Your Legal Rights.
“Reverse onus” bail: when you must show why you should be released
Usually the Crown must justify detention, but some situations flip that burden (for example, certain firearms allegations or being charged while already on release). If your case involves domestic or weapons charges, see Domestic Assault and Weapons Charges.
Firearms allegations usually reverse the onus to the accused to show cause why he should be released, and may require a plan that includes wearing an electronic monitoring ankle device. We can make arrangements for such a device to be installed and monitored with no initial or monthly fee (unless the accused will be residing outside of Ontario).
The “ladder principle”: start with the least restrictive option
Courts should choose the least restrictive form of release that addresses risk—only moving up the “ladder” (more conditions, surety, deposit) when necessary. The statutory framework is in Criminal Code s. 515.
If strict conditions are proposed, we can argue for a lower rung with concrete safeguards (stable address, work/school routine, counselling, supervision).
Common Toronto bail conditions—and what they mean day-to-day
If the charges are assault or domestic-related, expect tailored terms such as no-contact or “no-go” zones, residence requirements, and a no weapons condition. Stricter terms, such as curfew or house arrest, and firearms restrictions, are reserved for more serious charges where tighter supervision is required. If a no-contact term is imposed, this may carry over once the case is completed (with possible exceptions). If you are weighing post-charge options—see Peace Bonds and Restraining Orders to understand overlaps and differences.
Do you need a surety? What the court expects
A surety is a responsible adult who supervises you on release and promises to enforce the rules. In more serious cases, or where stricter supervision is warranted, the accused may have to reside with the surety. A strong surety will present themself as dependable, and be in a position to supervise you while on release. The surety will also be required to credibly pledge the amount the court sets. A promise to pay is all that is required. A cash deposit is usually reserved for an accused who will be residing out of the province or country.
If you or a loved one has been or is about to be arrested, contact The Criminal Law Team. Once retained, we will discuss and finalize a plan of release, which will involve interviewing and preparing your surety, presenting the plan to the crown attorney and the court. If you or your loved one has mental health or addiction issues, the plan will be more credible if we present treatment and/or counselling options. This will help to satisfy the crown and the court that the accused is less likely to commit further and other offences while on bail.
We will always advocate for the least-restrictive conditions.
24-Hour Surety Prep: A practical checklist
If you retain us, we will prepare a plan of release. We will discuss with the proposed surety the following:
- Providing government ID and proof of address
- Providing employment letter, proof of income or assets (usually only if a very large bail amount)
- A supervision schedule (curfew, monitoring, transport to court, if necessary)
- Residence details (who lives there; where you’ll stay)
- Transportation plan for court dates. Once retained, we will attend most, if not all, court appearances
- A no-contact compliance plan (e.g., third-party exchanges for parenting)
- Treatment/support confirmations if relevant (counselling, addictions)
- A backup surety if available
Pair this with The Criminal Process so your plan matches what will actually happen in court.
What to expect at a Toronto bail hearing
- Timing: Often addressed within 24 hours where possible; contested matters may be adjourned briefly for a day or more depending on the complexity of the case. For example, if the allegation involves possession of a firearm, the crown attorney usually opposes release, and a Special Bail Hearing has to be arranged.
- Evidence: Crown synopsis and record; defence presents your release plan and surety evidence.
- Outcomes: Release (with/without conditions), adjournment to prepare, or detention with reasons (usually only if the Plan is insufficient to satisfy the three grounds; and/or the charges are so serious; and/or the crown has a strong case.
If you are considering a consent variation later, once retained, you can discuss this with us.
Fast tips that help win release
Once retained, we will focus on the following to win your release and keep you out of jail until your case is resolved:
- Prove stability: Bring documents for housing, work/school, and any treatment.
- Choose the right surety: Reliable, available, and influential.
- Address risks head-on: Propose specific safeguards for alcohol, social media, or address issues.
- Argue the right rung: Keep conditions no stricter than necessary, consistent with your risks and supports.
- Follow the order: Until varied, comply fully—use Know Your Legal Rights as a quick reference.
Need help now?
If you need help now, call a criminal defence lawyer in Toronto at The Criminal Law Team—we’ll ensure your release plan is airtight, your surety is prepared, and the least-restrictive bail conditions are pursued.
