Your Family Member Has Been Arrested. Here's What to Do Tonight.

The call usually comes late: a son, a husband or a brother has been arrested, and nobody will tell you much. You don't know where he is, when he'll be released, or whether you should be doing something right now. Most families we speak to haven't slept.

This page explains what happens in the next day or two in Peel Region, what you can do to help, and the few things that can make the situation worse. We answer calls after hours, and we can speak with you in English, Urdu, Hindi or Punjabi.

Arrested at night or on a weekend? We answer calls after hours. Free 15-minute phone consultation for criminal matters. How it works

We speak English, Urdu, Hindi and Punjabiاردوहिन्दीਪੰਜਾਬੀ

یہ صفحہ اردو میں پڑھیں · Read this page in Urdu

Charged? Get a call back

Tell us the basics and a member of our team will call you. Please don't describe what happened here.

Submitting this form does not create a lawyer–client relationship. Please don't include confidential details until we confirm we can act for you. Disclaimer

Do these things now

  1. Find out, if you can, which police station is holding them and what they've been charged with. Write down the officer's name and the occurrence number if police give it to you.
  2. Call a criminal lawyer. The person arrested has the right to speak to a lawyer, and the earlier a lawyer is involved, the better the chance of release.
  3. Think about who could be a surety: an adult with a stable home, no criminal record, and the time to supervise. It doesn't have to be you.
  4. Don't discuss what happened with the person in custody over the phone. Calls from police stations and jails can be recorded and used in court.
  5. Don't contact the complainant or any witness, and don't post anything about the arrest online.

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

Areas we serve

Main office in Mississauga, serving clients across the GTA, including Brampton, Oakville, Milton, Toronto, Vaughan.

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.