You’ve Been Arrested and You’re in Jail. What Happens Next?

You’ve been arrested. The police have decided not to release you. You’re sitting in custody and probably have one question on your mind:

When am I getting out?

This is where bail comes in.

Bail is the process that determines whether you can leave custody while your criminal charge works its way through the court system.

And before anything else, remember this: being arrested does not mean you are guilty. You are presumed innocent unless and until you are proven guilty.

Canada changed its bail laws in 2026. Some of those changes affect who has to prove what at a bail hearing, the circumstances courts must consider and the conditions that may be imposed if you are released.

But you don’t need to become an expert in bail law while you’re sitting in a jail cell.

What you need to know is what happens next.

Step 1: You Remain in Custody and Are Brought Before the Court

Not everyone who is arrested stays in custody.

Depending on the circumstances, police may be able to release you with a requirement to appear in court and conditions you must follow.

If the police decide not to release you, you remain in custody and must be brought before a justice.

Under the Criminal Code, if a justice is available, this must generally happen without unreasonable delay and within 24 hours of your arrest. If a justice isn’t available within that time, you must be brought before one as soon as possible.

This is where you may start hearing the words “bail hearing” or “show cause hearing.”

They are referring to the court process that will determine whether you remain in custody or are released while your case continues.

David Karp is an experienced lawyer that can represent you at a bail hearing. It is important to contact a lawyer as soon as possible so you understand your rights. 

What Does Reverse Onus Mean?

Normally, the Crown has to show why your detention is justified.

With a reverse onus, the burden shifts to you. You have to satisfy the court that your detention is not justified and that you should be released.

Canada’s 2026 bail reforms expanded the circumstances in which reverse onus applies.

That does not mean someone facing a reverse-onus hearing will automatically stay in jail.

It means the rules of the hearing are different — and preparing a strong case for release can become especially important.

Step 5: What Is the Court Actually Considering?

The court generally looks at three main reasons why someone might need to remain in custody.

Lawyers call these the primary, secondary and tertiary grounds.

Those terms sound complicated. The questions behind them are much simpler.

Primary ground: Will you come back to court?

The court considers whether there is a risk you won’t appear for future court dates.

Secondary ground: Is there a substantial risk to public safety or that you will interfere with the administration of justice if released?

The court may consider your circumstances, criminal history, the allegations against you and whether conditions could manage any identified risk.

Tertiary ground: Would releasing you undermine confidence in the administration of justice?

This can involve factors such as the apparent strength of the Crown’s case, the seriousness of the alleged offence, the circumstances surrounding it and the potential sentence if you were ultimately convicted.

The 2026 reforms also changed some of the considerations courts must take into account when making these decisions.

Again, none of this is a finding that you are guilty. This is a decision about whether you can be released while the allegations against you are dealt with by the court.

Step 6: What Happens If the Court Decides to Release You?

If you’re granted bail, you may not simply walk out with no restrictions.

The court can impose bail conditions.

Depending on your situation, you might be required to follow conditions concerning where you live, who you can contact, where you can go, whether you have a curfew or other restrictions.

This is where you may hear lawyers talk about the “ladder principle.”

What Is the Ladder Principle?

Think of bail conditions as the rungs of a ladder.

The lower rungs are less restrictive. As you move higher, the forms of release become more restrictive.

The basic idea is that you shouldn’t automatically be placed on a more restrictive rung when a less restrictive form of release would adequately address the court’s concerns.

The 2026 reforms changed how this principle operates in certain circumstances, particularly when a reverse onus applies.

Your lawyer’s job is to understand which rules apply to your situation and argue for an appropriate form of release.

Step 7: What Happens If You Don’t Get Bail?

If the court orders you detained, you remain in custody while your criminal case continues.

That still does not mean you’ve been found guilty.

There are circumstances in which a detention order can be reviewed by a higher court. Whether a bail review is appropriate will depend on your case and is something you should discuss with your lawyer.

The Most Important Thing to Understand About Bail

If you’ve just been arrested, you probably don’t care what the legal terms are called.

You want to know:

• Can I get out?
• When can I get out?
• What does the court need to hear?
• What can my family do to help?
• What happens if the Crown wants to keep me in jail?

Those are exactly the questions that David Karp can help you answer.