The first 24 hours after an arrest in Ontario
The first day decides a lot.
Hour 0 — the 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. [verify: Brydges line] Nothing they say to police helps them; anything they say can be used. They do not have to answer questions.
Hours 1–6 — the 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. [verify current forms since 2019 changes] If held, the person is moved to a police division or a detention centre and the clock starts.
Hours 6–24 — before the 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.
- A criminal defence lawyer's office on the phone, so someone is at the hearing who knows the plan.
Hour 24 — 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.
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 not to do
- Don't call the complainant or anyone involved. Ever.
- Don't post about it.
- Don't "explain" to the police to clear it up.
- Don't wait until morning to find a lawyer's office if the hearing is at 9.
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.
Get a call back from a criminal defence lawyer's officeRemandly is not a law firm and this page is information, not legal advice. Private retainer only. Legal Aid Ontario: 1-800-668-8258.