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What Is The Bail Hearing & Review Process at the Brampton Courthouse?

Being arrested is stressful. One minute, you’re at work or home. The next, you’re in a holding cell. You feel overwhelmed, confused, maybe even scared. The good news? You have the right to a bail hearing—and if needed, a bail review—to ask for your release until your trial. The outcome of your hearing can change the course of your entire case. Knowing what to expect—and what’s at stake—can make all the difference.

Gary Batasar, Criminal Lawyer Brampton

What Is a Bail Hearing?

A bail hearing is your first opportunity to ask a judge for release after being charged. It’s not about whether you’re guilty or not. The focus is on whether you can be safely released into the community until your trial begins. Most bail hearings happen within 24 hours of your arrest.

At the hearing, the Crown prosecutor will argue for detention, often citing public safety or risk of flight. Your bail hearing lawyer will present your background, living situation, and release plan to show why you should be trusted on bail. They may also suggest a surety who can supervise you.

What Factors Does the Judge Consider?

Before deciding, the judge looks at several factors:

  • The seriousness of your charges – Was there violence, weapons, or drugs involved?
  • Your criminal history – Do you have past convictions or open cases?
  • Risk of fleeing – Are you likely to attend court as required?
  • Your community ties – Do you have a stable address, family responsibilities, or a job?
  • Public safety concerns – Would releasing you put others at risk?
If these questions are answered positively, it can lead to judicial interim release under Section 515 of the Criminal Code.

Common Bail Conditions

The court can approve your release under strict conditions, such as:
  • Residing at a specific address, often with a surety
  • Following a curfew or house arrest
  • No contact with co-accused or alleged victims
  • No possession of weapons or certain items
  • Avoiding specific locations (like a crime scene)
  • Staying within Ontario or Canada
It’s important to fully understand and obey these rules. A single breach could lead to your re-arrest and weaken your case.

What Is a Bail Review?

If you were denied bail at your first hearing, you don’t have to accept it as final. A bail review, available under Section 520, lets you challenge the decision in Superior Court. This second step can offer hope—especially if there’s been a meaningful change. You can apply for a bail review if:
  • There’s been a material change in your circumstances (e.g., new surety, stable job, housing)
  • There was an error in law or fact during your original hearing
These reviews require a well-drafted application, transcripts from the first hearing, and supporting affidavits.

How a Bail Review Lawyer Helps

Unlike the initial hearing, bail reviews are more complex and evidence-heavy. As an experienced bail review lawyer, I help by:
  • Preparing affidavits from new sureties or employers
  • Identifying mistakes in how your first hearing was handled
  • Gathering fresh evidence that wasn’t available before
  • Suggesting fair conditions that address concerns raised by the court
Together, we build a case strong enough to earn back your freedom.

What You Should Prepare for Your Lawyer

To make your case as strong as possible, provide:
  • All documents from your first hearing (court decisions, disclosures, conditions)
  • Details on any changes since your last appearance
  • Contact details for proposed sureties, with employment or character references
  • Medical records, if health is a concern
Being open and detailed helps us craft a release plan the judge can trust.

Why It’s So Important to Get Bail Right

Every day spent in custody affects your mental health, your ability to work, your family, and your case preparation. Without bail, you’re dealing with the justice system from a jail cell—and that puts you at a disadvantage.

That’s why it’s crucial to get expert help the first time, and act quickly if bail was denied. Bail isn’t guaranteed, but a strong legal strategy gives you the best shot.

Why Work With Me

In my 30+ years as a criminal lawyer, I’ve handled hundreds of bail hearings and bail reviews in Brampton, Toronto, Mississauga, and the GTA. I’ve worked with clients facing everything from minor shoplifting to serious drug or firearm charges. No matter your background, I take your situation seriously.
  • Straightforward communication – I speak your language, not legal jargon
  • Dedicated representation – You work directly with me, not a junior associate
  • Community trust – I’ve built a reputation for getting real results for real people

FAQ: Bail Hearing & Bail Review

What if I was denied bail—can I appeal?

Yes. You can apply for a bail review in Superior Court, but you must show new evidence or an error in the original hearing.

It usually takes a few weeks to prepare and schedule. The sooner you start, the better.
Yes, but it depends on the details. Your lawyer must show why you’re still a good candidate for release.
Yes. A new or stronger surety is one of the most common reasons for a successful review.
Not always. The judge can change or adjust the conditions based on your updated plan.
A surety is someone who agrees to supervise you while you’re out on bail. They must ensure you follow all bail conditions and may lose money if you don’t.

Contact your lawyer right away. A new surety must be approved by the court, or you may need a bail review to modify your conditions.

In most cases, yes—but each time you apply, you must show something new or different from the last application.
Not necessarily. Depending on the court and situation, it may be done virtually or in person.
A bail hearing is your first request for release. A bail review happens only if your request was denied, and you’re asking a higher court to reconsider.

Speak Directly with an Experienced Criminal Lawyer

Trust is everything in a criminal case. Let me earn your trust today with a complimentary consultation. 100% confidential.

Call or text now to get started.

Gary Batasar, Criminal Lawyer in Brampton
Gary Batasar, Criminal Lawyer

Bail Hearing - Case Results

Warrants Cleared & Charges Resolved with Fine – Guelph/Kitchener (R.B.)

Client had matters in Guelph and Kitchener Waterloo that were outstanding for sometime. Client resides in Vancouver and I was able to speak to the Crown get the matters brought forward because there was an outstanding warrant for some time for him and we were able to have the majority of the charges withdrawn and he pled and received a small fine.

Client Released on Bail After Drug Charges and Province-Wide Warrant – Owen Sound (T.J.)

Client charged in Owen Sound with a number of drug related charges, including possession of cocaine, possession of ecstasy and there was a province wide warrant for his arrest. I managed to have him surrender to the police after which I was successful in getting his release through a bail hearing.

Client Released on Bail in Major Conspiracy and Drug Case – Toronto (L.S.)

My Client was arrested for conspiracy to commit murder plus numerous drug and firearm charges including the possession of more than 15 kg of cocaine. This is part of a large group project that the police were investigating. I was able to argue for his release in the Superior Court in Toronto and I was successful in gaining his release on a bail without any electronic monitoring or without any major restrictive conditions. The case is ongoing.

Client Released on Bail Amid Extradition Proceedings – Toronto (M.T.)

The client was arrested on a warrant issued at the request of the United States government seeking to have him extradited. After the client was arrested, we were successful in preparing documentation and providing submissions to the Superior Court on the issue of bail he was released on bail.

Charges Withdrawn Against Teacher After Arrest Incident – Toronto (D.R.)

Client was a teacher involved in a dispute at the Air Canada centre as a result of the charges client was significantly injured during the arrest. Under the circumstances and after discussions with the prosecutor all of the charges against him were withdrawn.

Bail Granted Despite Firearms Record – Brampton (R.T.)

Client who had a record for previous offences involving firearms came before the courts for bail involving the above charges as a result of setting a special bail which required hearing evidence and an officer testifying and despite the Crown not wanting to have my client released he was ordered released by the judge being able to continue to support his family while he awaited trial on these charges.