When you're facing a bail hearing in Ontario, questions come fast — and the stakes are high. At Cordaie Paralegal Services, we believe in honest, clear answers that help you stay informed and in control. Below, we’ve answered the 25 most common questions we receive from clients.
1. What is a bail hearing?
A legal proceeding where the court decides whether to release an accused person from custody while they await trial.
2. Can a paralegal represent me at a bail hearing in Ontario?
Yes. Licensed paralegals in Ontario are authorized by the Law Society of Ontario to represent clients in bail hearings.
3. What is a surety?
A surety is someone who agrees to supervise the accused in the community if released on bail.
4. Who can act as a surety?
A responsible adult, usually without a criminal record, who has a stable residence and ideally financial stability.
5. Do I always need a surety?
Not always. Some people may be released on their own recognizance or with other conditions.
6. What happens if I breach my bail conditions?
You can be re-arrested, face new charges, and have a harder time getting bail again.
7. What is a reverse onus bail hearing?
A type of hearing where the accused must prove why they should be released, rather than the Crown proving why they shouldn't.
8. Can I act as my own surety?
Generally no. The surety must be someone other than the accused.
9. What if my surety changes their mind?
They can go to court to be removed. You may be re-arrested unless a replacement surety is found.
10. How long does a bail hearing take?
Typically 30 minutes to a few hours. Complex hearings can take longer.
11. Can I get bail on weekends or holidays?
Yes. Bail courts operate 7 days a week in Ontario.
12. What if I don’t speak English?
The court will provide an interpreter for your hearing.
13. Will my employer be notified?
Not unless you or the court choose to disclose it. Bail proceedings are public, but employers are not automatically notified.
14. What’s the difference between a bail hearing and a bail review?
A bail hearing is your first chance at release. A bail review is an appeal to a higher court if bail is denied or conditions are unreasonable.
15. How soon will I be released if granted bail?
Often the same day, depending on paperwork and court schedules.
16. Can I still get bail if I have a criminal record?
Yes, although it may be more difficult. A strong plan and experienced representation help.
17. What if the complainant wants to drop the charges?
Police and Crown make the decision to proceed — not the complainant. A bail hearing may still be required.
18. Can I be denied bail for a first-time offence?
Yes. Factors include the seriousness of the offence, your background, and public safety concerns.
19. Do I need a lawyer instead of a paralegal?
For most bail hearings in Ontario, a licensed paralegal is fully qualified to represent you.
20. Can my bail conditions be changed after release?
Yes. You can apply for a bail variation or review if your circumstances change.
21. What is cash bail?
An amount of money posted with the court as a condition of release, used when no surety is available.
22. Can I live outside Ontario and still get bail here?
Yes, but your release plan must address how you’ll return for court and comply with conditions.
23. What should I tell my surety to prepare them?
Make sure they understand their responsibilities, the charges, and the importance of attending court.
24. Can I be released without going to court?
Sometimes. For minor charges, police can release you directly. Otherwise, you’ll go before a judge or justice of the peace.
25. How can I improve my chances of getting bail?
Hire experienced legal help, have a solid surety or release plan, and prepare for court with a strategy tailored to your case.
Need Help With a Bail Hearing?
Cordaie Paralegal Services offers fast, flat-fee bail hearing representation across Ontario. Call
844-4-WIN-4-ME or
book a free strategy session online today.
