Bail Lawyer in Mississauga

When someone you love is arrested and held for a bail hearing, every hour matters. The difference between going home and waiting months in custody often comes down to preparation: the right surety, a realistic release plan and a lawyer who knows how bail court in Brampton works. The criminal defence lawyers at Rashidy & Associates represent people held for bail in Mississauga and across Peel Region, and we help families understand what to do next, in English and in Arabic.

Someone in custody right now? Call 905-361-9791.

What happens after an arrest in Mississauga

After an arrest by Peel Regional Police, the officer in charge can release the person with an undertaking and a court date. If they are held instead, the law requires that they be brought before a justice within 24 hours, or as soon as possible (Criminal Code s. 503). In Peel, bail hearings are held at the A. Grenville & William Davis Courthouse in Brampton, often by video from a police division or the Maplehurst Correctional Complex in Milton.

At the first appearance, the Crown will either:

• Consent to release on conditions it agrees to, or
• Oppose release, in which case there is a contested bail hearing (a show cause hearing) before a justice of the peace.

If the defence isn’t ready, the hearing can be adjourned. The Crown can also ask for up to three days to prepare. A prepared lawyer and surety avoid unnecessary days in custody.

Your right to bail

Section 11(e) of the Charter guarantees the right not to be denied reasonable bail without just cause. In most cases the Crown must justify keeping a person in custody. Detention is only allowed on one of three grounds under s. 515(10) of the Criminal Code:

The Supreme Court of Canada has confirmed the ladder principle (R. v. Antic): the least restrictive form of release must be considered first. Conditions must be reasonable, necessary and connected to a real risk (R. v. Zora).

Reverse onus bail hearings

In some cases the accused must show why they should be released. These include:

• Being charged with an indictable offence while already on release.
• Trafficking or importing drugs under the CDSA.
• Certain firearm and weapons offences.
• Failing to comply with a release order.
• Intimate partner violence where the accused has a prior conviction for it. See our domestic assault defence page.
• Some repeat violent offences involving weapons, under the 2024 bail reforms.

A reverse onus hearing is harder, but release is still possible with a strong plan.

What makes a strong bail plan

• A suitable surety. A surety is someone, usually a family member or close friend, who agrees to supervise the accused and pledges an amount of money to the court. They should have a stable job and home, no criminal record, and a clear understanding of their duties.
• A residence away from the complainant and any alleged victim.
• Supervision details, such as who is home and when, and work and school schedules.
• Treatment or counselling where addiction or mental health is part of the picture.
• Proposed conditions that respond directly to the Crown’s concerns.

We meet with proposed sureties before the hearing to prepare them for questioning by the Crown. This preparation is often decisive.

Bail reviews

If bail is denied, or the conditions are unworkable, the decision can be reviewed by a judge of the Superior Court of Justice under s. 520 of the Criminal Code. We also bring applications to vary conditions that have become unnecessary, such as a strict house arrest months into a case.

How Rashidy & Associates helps

• We move fast to review the allegations and speak to the Crown.
• We interview and prepare sureties, in Arabic where needed.
• We draft a written release plan tailored to the Crown’s concerns.
• We represent the accused at the show cause hearing, and at any bail review.
• We advise on how release conditions interact with immigration status and family court matters.
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Frequently asked questions

How long does it take to get a bail hearing in Peel?

The person must be brought before a justice within 24 hours of arrest. The hearing itself may happen that day or be adjourned for a few days if the Crown or defence needs time to prepare. A prepared surety and plan shortens this.

Do we have to pay money to get someone out on bail?

Usually no. In Ontario, sureties normally pledge an amount without depositing cash. They only lose it if the accused breaches conditions and the court orders forfeiture. Cash deposits are rare and generally only required when the accused lives far away.

Can I be a surety?

You may be suitable if you are an adult with no criminal record, are not a witness in the case, and can actively supervise the accused. The court will ask about your job, home, finances and relationship with the accused.

What happens if bail is denied?

The accused stays in custody until trial unless a bail review in the Superior Court succeeds, or circumstances change. Time spent in pre-trial custody is generally credited at 1.5 days for each day served if there is a sentence.

Can bail conditions be changed later?

Yes. Conditions can be varied with Crown consent or by application to the court. We regularly vary conditions such as curfews, residence and no-contact terms as a case progresses.

Related services

• Criminal Defence Lawyers
• Criminal Lawyer Brampton
• Domestic Assault Defence
• Drug Lawyer
• Article: Understanding the bail hearing process

Need a bail lawyer now?

Call 905-361-9791. If a family member has been arrested, have their name, date of birth and the police division ready. Consultations are available in English and Arabic.