What happens in the first hours after an arrest in Ontario?
Last reviewed 22 Sep 2026 · Updated 28 Sep 2026
After an arrest in Ontario, the person is either released from the station with a court date, or held for a bail hearing, usually within 24 hours. Police may question them; the right to remain silent applies throughout. Which path applies depends on the charge, the record, and what the officer in charge decides that night.
What happens at the moment of arrest?
The person is told the charge and their rights, including the right to a lawyer. They can call duty counsel for free from the station. Nothing they say to police helps them; anything they say can be used.
They do not have to answer questions.
What happens at the station in the first hours?
Police decide: release with paperwork, or hold for bail. Release paperwork is usually an appearance notice or an undertaking — with a court date on it and often conditions. If held, the person is moved to a police division or a detention centre and the clock starts.
What happens between the station and the hearing?
The bail hearing is the family's window. The person cannot build their own plan from a cell, so what helps is what the family brings:
- A surety identified and reachable.
- An address where they will live.
- Any papers the police handed over, photographed so the wording is available.
- A criminal defence lawyer's office on the phone, so someone is at the hearing who knows the plan.
What happens at the bail hearing?
See: What happens at a bail hearing. Possible outcomes: released with conditions, released with a surety, detained, or adjourned for a plan.
What happens after the hearing?
If released: read every condition. Breaking one is a new charge. If detained: there is a right to a review — ask the office.
What commonly goes wrong?
- A no-contact condition covers every form of contact — calls, texts, messages sent through someone else. A single message can be a breach.
- Posts about an arrest are public, and a post can end up in the Crown's file.
- Anything said to police after an arrest can be used as evidence. The right to remain silent applies from the moment of arrest, and a lawyer can be reached before any statement is made.
- Bail hearings are commonly held the morning after an arrest, which is why families reach a lawyer's office the same night rather than waiting.
What do we see in the first hour?
The first hour is confusion: where the person is, what they've been told, whether a lawyer has been reached. Someone answers when you call Remandly — not voicemail — and the call itself sorts the confusion: which station, what charge, whether a bail hearing is coming. Bail hearings anywhere in Ontario.
The file stays open by text.
What do people ask after an arrest?
What happens at the moment of arrest?
The person is told the charge and their rights, including the right to a lawyer. They can call duty counsel for free from the station. Nothing they say to police helps them; anything they say can be used.
They do not have to answer questions.
What happens at the police station?
Police decide: release with paperwork, or hold for bail. Release paperwork is usually an appearance notice or an undertaking — with a court date on it and often conditions. If held, the person is moved to a police division or a detention centre and the clock starts.
What happens before the bail hearing?
This is the family's window. The person cannot build their own plan from a cell. What helps: A surety identified and reachable.
An address where they will live. Any papers the police handed over, photographed so the wording is available. A criminal defence lawyer's office on the phone, so someone is at the hearing who knows the plan.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that's in person, at a station, or over the phone. You can confirm identifying information if asked, but you're not required to explain, discuss the events, or answer follow-up questions.
What does a surety do?
A surety is an adult who tells the court they will supervise a person released on bail and who pledges an amount of money as a promise that the rules will be followed. Two things are involved: making sure the person sticks to every condition of release, and risking loss of the pledged amount if they don't.
Charged in Ontario or Alberta? Seven questions, about four minutes. Just asking?
Use the box above — free 24/7 criminal law information · not legal advice · not a law firm.
Open a file — a criminal defence lawyer's office gets on itSources
- Justice Laws Website, accessed 2026-09-25
- Ontario Court of Justice, accessed 2026-09-25
- Legal Aid Ontario, accessed 2026-09-25
Remandly is not a law firm and this page is information, not legal advice. Payment arrangements available. Private retainer only. Legal Aid Ontario: 1-800-668-8258.