Securing release after an arrest is crucial. For residents of Markham, bail hearings are held at the Newmarket Courthouse. Criminal defence lawyers typically charge a block fee ranging from $1,500 to $5,000 CAD to prepare a strong release plan and conduct a contested bail hearing.
When a family member or friend is arrested by the York Regional Police and held in custody, panic naturally sets in. Time is of the essence. The Canadian Charter of Rights and Freedoms guarantees the right not to be denied reasonable bail without just cause. However, winning a bail hearing (formally known as judicial interim release) requires swift, strategic action by an experienced criminal defence lawyer.
A bail hearing is arguably the most important step in the entire criminal process. If bail is denied, the accused may spend months or even years in a provincial detention centre waiting for their trial. Understanding the legal process and the associated costs will help you act quickly and efficiently to bring your loved one home to Markham.
Step-by-Step Process for a Bail Hearing
Adult arrests made in Markham are processed through the York Regional Police districts and brought to the Ontario Court of Justice in Newmarket for bail hearings. Here is how a defence lawyer navigates this urgent process.
Step 1: Immediate Legal Consultation
As soon as an arrest occurs, you must contact a criminal defence law firm. The accused is allowed a phone call to a lawyer from the police station. The lawyer will gather preliminary details about the charges and advise the accused to remain silent. Never discuss the facts of the case over the police station phone, as those calls may be recorded.
Step 2: Identifying and Preparing a Surety
A “surety” is a person (usually a family member or close friend) who promises the court they will supervise the accused in the community and pledges a specific amount of money. Your lawyer will interview potential sureties to ensure they have no criminal record, have a stable income, and understand their legal obligations. Preparing the surety to testify is a major part of the lawyer’s job.
Step 3: Negotiating with the Crown (Consent Bail)
Before a formal hearing, the defence lawyer will speak with the Crown Attorney. If the lawyer presents a robust supervision plan and a strong surety, the Crown may agree to a “consent release.” This means the accused is released with strict conditions without having to fight it out in front of a Justice of the Peace.
Step 4: The Contested Bail Hearing
If the Crown opposes the release, a contested bail hearing (show cause hearing) takes place. The lawyer will present evidence, question the surety on the stand, and argue that the accused is not a flight risk and will not endanger the public. A Justice of the Peace will then rule on whether to grant bail.
How Much Does a Bail Hearing Cost in Ontario?
Because bail hearings require immediate, drop-everything attention from a lawyer, they are usually billed as a separate flat fee (block fee) independent of the rest of the criminal trial.
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Lawyer’s Bail Block Fee | Legal fees to interview sureties, negotiate with the Crown, and conduct the court hearing. | $1,500 to $5,000+ |
| Surety Pledge (Bail Money) | The amount pledged to the court. You usually do not pay this upfront; it is only owed if the accused breaches bail. | $1,000 to $100,000+ |
| Bail Review (Appeals) | If bail is denied, appealing the decision to the Superior Court of Justice requires a new fee. | $3,000 to $8,000 |
It is critical to distinguish between the lawyer’s fee (which you pay for their legal services) and the surety pledge (which is a promise made to the government). 💰
How Long Does the Bail Process Take?
Under Canadian law, an accused person must be brought before a Justice of the Peace within 24 hours of their arrest. However, the actual contested bail hearing might not happen immediately. It is common for the defence lawyer to ask for an adjournment of one to three days to properly interview sureties and craft an airtight release plan. A rushed bail hearing often results in a denial, which is why taking an extra day or two to prepare is heavily advised.
Frequently Asked Questions (FAQ)
Do I have to bring cash to the courthouse for bail?
Usually, no. In Ontario, courts typically use “no deposit” bails. The surety signs a document pledging the money but does not have to deposit actual cash unless the accused lives out of province or breaches their conditions.
What happens if the bail is denied?
If the Justice of the Peace denies bail, the accused will be remanded into custody until their trial. Your lawyer can file a “Bail Review” in the Superior Court of Justice to appeal the decision, but this takes time and additional legal fees.
Can I use Duty Counsel for a bail hearing?
Yes, free Duty Counsel is available at the Newmarket Courthouse. However, they are often overwhelmed with dozens of cases a day. Hiring a private defence lawyer guarantees dedicated time to prepare a customized release strategy.
What happens if the accused breaks a bail condition?
Breaching bail (such as missing curfew or contacting the victim) is a new criminal offence. The accused will likely be re-arrested, their bail will be revoked, and the Crown can sue the surety for the pledged money.
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