Saggi Law Firm — Criminal Defence
Being arrested and held in police custody can be overwhelming, particularly when you do not know when you will be released or what will happen next. A bail hearing, also known as a judicial interim release hearing, determines whether an accused person will be released from custody while their criminal case continues or remain detained.
Saggi Law Firm provides criminal defence representation for bail hearings in Toronto and throughout Ontario. A bail lawyer can help prepare a release plan, address the Crown prosecutor's concerns, present information about proposed sureties and release conditions, and advocate for an appropriate form of release.
If you are being held in custody, obtaining legal representation early can make a significant difference in how your bail application is prepared and presented.
Understanding the Offence
Under section 515 of the Criminal Code of Canada, an accused person charged with an offence generally has a right to release unless the prosecutor establishes why detention is justified or why another form of release should be ordered. The law recognizes different grounds on which detention may be considered, including ensuring attendance in court, protecting public safety, and maintaining confidence in the administration of justice.
A bail hearing is therefore not a trial and does not determine whether an accused person is guilty or innocent. The issue is whether the person should be released pending the resolution of the criminal case and, if released, what conditions are appropriate. Depending on the circumstances, the court may consider an undertaking, release order, surety, supervision, reporting requirements, no-contact conditions, geographic restrictions, curfews, or other conditions.
Bail Hearings Toronto | Allegations
The circumstances surrounding a bail hearing depend heavily on the underlying criminal charge. Bail applications can arise following allegations involving assault, domestic assault, sexual assault, criminal harassment, drug offences, firearms and weapons charges, robbery, theft, impaired driving, fraud, proceeds of crime, and other criminal offences.
The Crown may rely on the allegations, the accused's criminal record if applicable, previous release orders, alleged breaches, outstanding charges, and other relevant information. The defence may respond by presenting a practical bail plan, information about employment and residence, proposed sureties, supervision arrangements, treatment or counselling plans where relevant, and conditions designed to address identified concerns. Ontario's current bail practice direction provides for focused materials and submissions, with the Crown's bail package generally provided to defence counsel in advance.
A bail hearing requires more than simply asking the court to release an accused person. The defence should understand the Crown's position, identify the applicable legal onus, and develop a release proposal that directly addresses the issues raised by the prosecution.
Defence Approach
Where the Crown seeks detention, the defence can address the specific ground or grounds relied upon. Section 515 recognizes primary, secondary, and tertiary grounds, concerning attendance in court, public safety, and confidence in the administration of justice. The appropriate response depends on the allegations, criminal history, circumstances, and proposed release plan.
A release plan can explain where the accused will live, who will supervise them, how they will attend court, and what conditions they are prepared to follow. Depending on the circumstances, the plan may involve a surety, reporting requirements, curfew, geographic restrictions, no-contact provisions, or other appropriate safeguards.
A surety may be proposed where appropriate. The surety's role is to help ensure compliance with release conditions and court attendance. Ontario's current practice direction states that a surety should only be required where the court is satisfied that surety release is the least onerous form of release possible in the circumstances.
A Crown prosecutor may raise concerns about flight risk, public safety, alleged breaches, the seriousness of the allegations, or confidence in the administration of justice. Defence counsel can respond to those concerns with evidence, legal submissions, and tailored conditions rather than relying on general assurances.
“A direct 24/7 line, personal attention, and a strategy built around your case — not a template.”
— Mandeep SaggiBuilding the Defence
Every bail application should be prepared around the circumstances of the accused person and the concerns identified by the Crown. A focused strategy can help the court understand why a proposed release plan is workable and how any legitimate concerns can be addressed through appropriate conditions.
Meet the Lawyer
Your legal matter deserves personal attention from a qualified legal professional. Mandeep Saggi represents clients through Saggi Law Firm in serious criminal matters and provides focused criminal defence representation.
Barrister & Solicitor
Criminal Defence Lawyer
Strategy. Advocacy. Experience.
“Since 2013, Mandeep Saggi has built a reputation as a criminal defence lawyer in Brampton who vigorously fights for his clients' rights.”
He has successfully defended clients against criminal cases in the Ontario Court of Justice and the Superior Court of Justice, and makes daily appearances at the Brampton Courthouse.
Mandeep has been involved in high-profile criminal cases and represents clients in matters ranging from smaller-scale to complex criminal charges. Known for speedy responses, he keeps a direct line available 24/7.
Law Society of Ontario — 2013
University of Leicester, UK — 2009
York University — 2007
Toronto criminal law firm
English, Portuguese, Spanish, Punjabi, Hindi, Urdu
Protect Your Rights
If you have been arrested and are being held in police custody, decisions made before and during the bail hearing can have immediate consequences. The Ontario Court of Justice states that an accused person has a constitutional right to reasonable bail and a timely bail hearing. Where police do not release an accused person, they normally must be brought before a court for a bail hearing within 24 hours if a judge or justice of the peace is available.
Our criminal defence lawyer can assist with matters such as:
After You Are Charged
If police do not release an accused person following an arrest, the person remains in custody until appearing before a judge or justice of the peace for a bail hearing. The Ontario Court of Justice explains that a bail hearing determines whether the accused should be released pending trial or continue to be detained. The accused may be represented by their own lawyer or by duty counsel.
At the hearing, the Crown will indicate whether it consents to release or seeks detention. The defence presents its position concerning the appropriate form of release and proposed conditions. If the court orders release, the accused must comply with every condition in the release order and attend future court appearances. If detention is ordered, the accused remains in custody unless the detention is later changed through an applicable review process.
Bail hearings can move quickly, particularly when someone is being held in custody. Speaking with a bail lawyer before the hearing can allow time to understand the allegations, obtain relevant information, contact potential sureties, develop a release plan, and respond to the Crown's position.
Early legal representation can also help avoid unnecessary or unrealistic bail conditions. The objective is not simply to propose as many conditions as possible, but to present a release plan that is practical, enforceable, and responsive to the issues before the court.
Why Early Legal Representation Matters
Bail conditions can affect everyday life while a criminal case is pending. Conditions may restrict contact with certain people, travel, residence, communication, employment activities, possession of weapons, or other conduct depending on the circumstances.
Failure to comply with a release order can lead to serious consequences, including arrest and additional criminal allegations. The Ontario Court of Justice specifically warns that failing to obey conditions can result in being taken back into custody and potentially facing another criminal offence.
A bail defence should be based on the actual circumstances of the accused. Someone facing a first offence may have different considerations from someone with previous convictions, outstanding charges, previous release orders, or alleged breaches.
A Toronto bail lawyer can examine the Crown's position and develop a release proposal addressing the applicable legal grounds. The plan may include a proposed surety, stable residence, employment information, reporting arrangements, treatment supports, or other appropriate conditions.
Criminal Justice Process
The bail process generally begins after an arrest when the police either release the accused person or keep them in custody. If the accused remains detained, the person proceeds to a bail hearing, formally known as a judicial interim release hearing. In Ontario, bail hearings are heard by judges or justices of the peace with the appropriate jurisdiction.
At the hearing, the parties address the applicable onus and the Crown's position concerning detention or release. The Ontario Court of Justice's current practice direction requires parties at the beginning of a bail hearing to identify the onus, Crown position, detention grounds at issue, proposed form of release, defence position, and proposed release plan.
Bail hearings can be contested or proceed by consent. For contested hearings, the court may consider focused documentary materials and oral submissions. Ontario's current practice direction states that routine contested bail hearings are expected to be completed within 30 minutes in many cases, subject to the judicial officer's discretion, while consent releases are expected to be completed within 15 minutes. Complex matters can receive additional court time.
Frequently Asked Questions
Understanding what happens during a bail hearing can make the process easier to navigate. Here are answers to common questions about bail applications, release conditions, sureties, detention, and bail reviews.
A bail hearing is a court proceeding that determines whether an accused person held in custody should be released while the criminal case continues. In Canada, it is also called a judicial interim release hearing. The court considers the applicable legal grounds, the Crown's position, the defence proposal, and any appropriate release conditions.
In Ontario, if police continue to hold an accused person after arrest, the person must normally be brought before a judge or justice of the peace for a bail hearing within 24 hours when one is available. If one is unavailable, the hearing must occur as soon as possible. Weekend and holiday bail courts also operate.
An accused person may be represented by their own criminal lawyer or by duty counsel. Having a lawyer can be important because bail proceedings involve legal rules concerning release, detention, onus, evidence, and conditions. Defence counsel can also help prepare a release plan and address the Crown's specific concerns.
A surety is a person who agrees to supervise an accused person and help ensure compliance with release conditions and court attendance. The court considers whether surety release is necessary in the circumstances. Ontario's current practice direction states that surety release should only be required where it is the least onerous appropriate form of release.
Yes. Under section 515 of the Criminal Code, detention can be ordered where the applicable legal requirements for detention are established. The recognized grounds include ensuring attendance in court, protecting public safety, and maintaining confidence in the administration of justice. Certain circumstances also create a reverse onus requiring the accused to show why detention is not justified.
If release is ordered, the accused must comply with every condition in the release order and attend required court appearances. Conditions can include reporting, curfews, no-contact provisions, geographic restrictions, supervision, or other requirements. Breaching conditions can result in arrest, detention, and potentially additional criminal charges.
Bail or release conditions can sometimes be changed through the appropriate legal procedure. Ontario's Court of Justice provides procedures for certain consent variations of release orders and police undertakings. Whether a condition can be changed depends on the nature of the condition, the parties' positions, and the applicable procedure.
If the court orders detention, the accused remains in custody while the criminal matter continues unless the detention order is subsequently changed. Depending on the circumstances, a bail review or other available legal procedure may be pursued. A lawyer can explain whether a review is appropriate and what evidence or legal basis may support it.
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If you or someone close to you has been arrested and is being held in custody, obtaining legal advice promptly can help you understand the next steps. Saggi Law Firm provides criminal defence representation for bail hearings in Toronto and the Greater Toronto Area, including contested bail applications, surety hearings, release plans, and bail-related applications.
The focus of a bail defence is to present the court with relevant information and a practical release proposal while addressing the Crown's concerns. Whether the underlying allegation involves assault, domestic violence, drug offences, firearms, robbery, fraud, impaired driving, criminal harassment, or another criminal charge, the circumstances of the proposed release matter.
Speak with Saggi Law Firm today about your bail hearing and discuss your available legal options.
