What happens in the next 24 hours
After an arrest, police either release the person with a court date and conditions, or hold them for a bail hearing. If they're held, the Criminal Code requires that they be brought before a justice within 24 hours, or as soon as possible after that.
In Peel Region, bail hearings are held through the Brampton courthouse. Bail court also sits on weekends and statutory holidays, and many bail appearances happen by video from the police station or jail. The hearing may go ahead that day, or be put over a day or two so the defence can line up a surety and a plan.
How bail works, in plain terms
The starting point in Canadian law is release. The Crown can agree to release on conditions, or it can oppose release, in which case there's a contested hearing before a justice of the peace. For some charges and some people with prior records, the law puts the burden on the accused to show why they should be released.
The court can only keep someone in custody to make sure they come to court, to protect the public, or to maintain confidence in the justice system. A good release plan answers each of those concerns. Bail law was tightened in July 2026, so the plan matters more than it used to.
Our bail hearing page has more detail on contested hearings, bail reviews and changing conditions.
What a surety does, and what to bring
A surety promises the court that they'll supervise the accused and make sure they follow their conditions. They pledge an amount of money, which can be lost if the accused breaks the conditions and the surety didn't do their job. A surety must also be willing to call police if the conditions are broken. Ontario passed a law in 2026 that would require the pledged amount to be paid in cash within days of the person's release. On August 31, 2026 a judge granted an injunction that keeps the existing bail procedures in place until the constitutional challenge is decided, so for now a surety usually pledges the amount without depositing it. That could change, so we confirm the current position before every hearing.
Canada has no bail bond companies, because accepting payment for acting as a surety is illegal (Criminal Code, section 139). Don't pay anyone to act as your surety.
- Government photo ID
- Proof of address, such as a utility bill or lease
- Information about your job and income, such as a recent pay stub
- Information about any savings or property you could pledge
- Your work schedule, so the court can see how you'll supervise
Things that can make it worse
- Talking about the facts on the phone, by text or on social media.
- Contacting the complainant, even to apologize or to ask them to drop the charges. Only the Crown can withdraw a charge, and contact can lead to new charges.
- Offering to be a surety without understanding the role. The court will question you, and an unprepared surety can be rejected.
- Assuming duty counsel will handle everything. Duty counsel lawyers are available free at bail court through Legal Aid Ontario, but they're often very busy.
If they're not a Canadian citizen, or are under 18
If the person arrested is a permanent resident, an international student or a foreign worker, tell us right away. A conviction can affect their status, and decisions made early in the case can matter. Our firm practises both criminal and immigration law.
If the person is under 18, police must notify a parent, and the Youth Criminal Justice Act applies. Young people have extra protection when police question them, and their bail is decided under youth rules.
After they're released
Read the release order together, line by line. Breaking any condition, even a curfew by a few minutes, is a new criminal offence and can put them back in custody. If a condition doesn't work, for example because it stops them going to work, it can often be changed. Ask us before anyone acts on their own.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
How long will they be held?
Police must bring them before a justice within 24 hours, or as soon as possible. The bail hearing may happen that day or be adjourned briefly so a surety and plan can be prepared.
Can I visit or speak to them?
Usually not while they're at the police station. Once they're at a jail, visits and calls are possible under the jail's rules. Remember that calls can be recorded, so don't discuss the case.
Do I have to pay money to get them out?
At the moment, usually not up front: a surety normally pledges an amount without depositing it. Ontario passed a law in 2026 that would require the pledged amount to be paid in cash within days of release, but on August 31, 2026 a judge granted an injunction that keeps the existing bail procedures in place until its validity is decided, so this could change. Canada has no bail bond companies, and accepting payment for acting as a surety is illegal.
Can I be a surety if I'm not a citizen?
Often, yes. Permanent residents can act as sureties. The court cares more about your stability, your relationship with the accused and your ability to supervise.
Do you take Legal Aid?
We consider Legal Aid Ontario certificates on a case-by-case basis. Duty counsel is also available free at bail court.
Can we talk in Urdu, Hindi or Punjabi?
Yes. We speak with families in English, Urdu, Hindi and Punjabi, and we answer calls after hours.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.