Bail Hearings
When someone you love has been arrested, their freedom cannot wait.
Contact our bail line any time for urgent support:
Award-winning bail lawyers
Rudnicki & Company is ranked Tier 1 in criminal defence by Best Law Firms Canada — in Toronto and nationally. That ranking reflects how we approach every case, including the first and most urgent step: the bail hearing. A strong release plan, prepared quickly and argued well, can mean the difference between your loved one coming home and spending months in custody waiting for trial. That’s why we treat every bail hearing for what it is: potentially the most important hearing in the case.
Our lawyers have argued hundreds of bail hearings at every level of court, from rapid response bails in local bail centres to complex reviews in serious cases at the Court of Appeal for Ontario. We have the experience to build the strongest possible case for release.
Our bail lawyers:
Bail FAQs:
How quickly can a bail hearing happen?
The police must bring anyone they place under arrest before a court for a bail hearing within 24 hours. Often, bail can be arranged in that time and the arrested person can be released. Sometimes, that first appearance isn’t the right time for a hearing. A rushed hearing can result in bail being denied if issues are missed or a weak plan is presented. In those cases, it is better to take the time to properly prepare and put forward the strongest plan possible.
To secure the best shot at the quickest hearing, you should contact a bail lawyer at the soonest possible opportunity.
What is a surety? Can I be one?
A surety is someone who promises the court that they will supervise the defendant while the case is before the courts. The surety’s job is to make sure that the defendant attends court and obeys any conditions the court places on them. This job is backed by a financial pledge designed to give both the defendant and the surety an incentive to make sure the bail plan is followed. Except in rare cases, the pledge is just a pledge: no money is due to the court unless the accused breaches their bail.
The amount of the pledge will depend on the surety’s assets, their relationship with the defendant, and the strength of the bail plan. You don’t need to be rich to be a surety in Ontario. If you have taken the time to do your research and are reading this page, there’s a good chance you will make a good surety.
Can a bail hearing happen on weekends?
Yes. Every jurisdiction in Ontario has Weekend and Statutory Holiday (“WASH”) court. The 24-hour rule applies regardless of when the defendant is arrested.
A Friday night arrest does not mean you should wait until Monday to call a lawyer. We take on urgent bail matters on weekends and holidays. If you need a lawyer to help with a WASH court bail, don’t hesitate to reach out.
What happens if bail is denied?
Bail denial is serious, but not the end. The decision can be challenged through a bail review—an appeal of the initial bail decision to the Superior Court. But a bail review isn’t a second kick at the can. An initial detention order can only be set aside if there is a material change in circumstances, a legal error, or if it was clearly unreasonable. It is helpful to retain counsel with experience on appeal for a bail review.
What does a bail lawyer cost?
Some lawyers charge by the hour. Others—like Rudnicki & Company—work on a flat-fee model. This means that after we assess the case, we will quote you one, global figure for all the work required to prepare for and argue the bail hearing. There are never any hidden fees or any charge for our initial conversation or quote.