How does the court decide whether bail will be granted?

The court will consider factors such as: The nature and seriousness of the allegations The strength of the case against the accused The accused’s criminal record, if any, including prior breaches of court orders Whether release would pose a risk to public safety The strength of the proposed supervision plan

A surety is someone who promises to supervise a person released on bail and ensures they comply with their release conditions. A surety is often a family member or close friend who is responsible, trustworthy, financially stable, and capable of supervising the accused person while they are on bail.

What conditions might be imposed on an accused person?

The court should impose only those conditions that are necessary and appropriate in the circumstances. Common bail conditions include: Not contacting the witnesses involved in the case Avoiding certain locations Not possessing weapons Following a curfew More serious cases may impose house arrest and GPS monitoring

What is considered a criminal record in Ontario?

A criminal record includes any conviction for a criminal offense under the Criminal Code of Canada, including DUIs, assaults, or drug offenses.

Can I avoid a conviction for DUI in Ontario?

Yes. With a strong defense, charges can be withdrawn, reduced, or result in acquittal depending on the circumstances and legal strategy.

What happens if I’m charged with drug possession?

You may face fines, a criminal record, and jail time. Our team builds a strong defense and may challenge unlawful search and seizure.

Can the victim drop domestic assault charges?

Only the Crown prosecutor can withdraw charges. However, the victim’s input can influence the outcome of the case.

Will a criminal charge show up on background checks?

Yes. Even if you're not convicted, charges may appear on certain types of background checks. It's important to seek legal advice immediately.

Montes Gendron Lawyers | Criminal and Family Lawyers in Barrie | 33 Clapperton Street, Barrie, ON L4M 3E6, Canada

Criminal and Family Lawyers in Barrie, Ontario

TRUSTED TRIAL ADVOCACY

When your future, family, or freedom is at stake, experience matters. With more than 25 years of combined legal experience, Montes Gendron Lawyers provides strategic advocacy and trusted guidance through life's most challenging legal matters.

CRIMINAL LAW

We defend our clients against the full spectrum of criminal charges, including impaired driving, assault, drug offences, weapons offences and sexual assault allegations, providing strategic advice, strong courtroom advocacy, and experienced representation at every stage of the process.

FAMILY LAW

Family disputes can be emotionally and financially challenging. We help our clients navigate divorce, parenting arrangements, support claims, property division, and other family law matters with strategic guidance and dedicated representation.

ABOUT US

At Montes Gendron Lawyers, we provide skilled representation in criminal defence and family law backed by more than 25 years of combined legal experience. Our practice is built on strategic advocacy, meticulous preparation, and a commitment to achieving the best possible outcome for every client.

We regularly represent clients facing complex and high-stakes legal matters, including serious criminal charges, contentious family disputes, parenting and support litigation, and cases destined for trial. Whether negotiating a resolution or advocating in the courtroom, we are dedicated to protecting our clients' rights and advancing their interests at every stage of the process.

Conveniently located in downtown Barrie, our firm serves clients throughout Simcoe County, York Region, and the Greater Toronto Area. We are known for our thorough approach, strong courtroom advocacy, and ability to navigate challenging legal issues with confidence, precision, and determination.

When the stakes are high and the outcome matters, Montes Gendron Lawyers provides the experienced counsel and relentless advocacy clients can rely on.

meet our team

Martin Montes

Criminal Law

Danielle Gendron

Family Law

Criminal Law

Driving

Driving-related criminal charges can carry significant consequences. We provide skilled defence for impaired driving, refuse breath sample, dangerous operation, failure to stop after an accident, and driving while prohibited, backed by extensive courtroom experience and a commitment to protecting your rights.

drugs

From simple possession allegations to complex trafficking, importing and production cases, we deliver skilled defence strategies and strong representation at every stage of the criminal process.

Assault

Whether you are facing assault, domestic assault, sexual assault, or other violent crime allegations, we offer skilled legal representation focused on protecting your rights and achieving the best possible outcome.

Family Law

PROPERTY

Property disputes can significantly impact your financial future. We assist clients with equalization claims, asset valuation, business interests, pension division, and disputes involving the matrimonial home, delivering strategic advice and effective advocacy.

SEPARATION AND DIVORCE

Our family law team guides clients through separation and divorce, ensuring fair outcomes with compassionate counsel and strong trial support.

CHILDREN

We advocate for your children’s best interests in custody and support disputes, combining family law expertise with dedicated courtroom representation.

OUR CASES

Our reputation is built in the courtroom. Experience matters when a case cannot be resolved and proceeds to trial. Our lawyers have extensive trial experience handling complex criminal prosecutions and family law disputes. From serious criminal prosecutions to high-conflict family law disputes, we have successfully advocated for clients at all levels of court in Ontario.

Explore our reported decisions to see firsthand the quality of our advocacy and our commitment to achieving the best possible outcome for our clients.

SEE OUR CASES

MGL IN THE MEDIA

Explore media coverage and published articles featuring Montes Gendron Lawyers, our cases, and our advocacy.

D. J. A. testifies at his second-degree murder trial; charged in death of wife

Judges toss sex assault, firearms cases, warning against delay

Worried her son had been drinking, Sudbury mother calls police

Criminal Law FAQs

Bail

Court Process

Resolution and Trial

Impaired Driving DUI

Domestic Assault

Sexual Assault

A bail hearing is a court proceeding where a Judge or Justice of the Peace decides whether a recently arrested person should be released or remain in custody while their case is before the courts. In making their decision, the Judge will review police reports, criminal records (if any), and if required will hear evidence from potential sureties about how the accused will be supervised in the community should release be granted.

Not necessarily. If your loved one does not have a lawyer and requires a quick bail hearing, Duty Counsel is available at the courthouse and will provide free legal assistance and representation at the bail hearing. That said, retaining a criminal defence lawyer may be beneficial, particularly in more complex or serious cases. A lawyer can meet with and prepare proposed sureties to testify in court in order to develop a strong release plan. Obtaining legal advice as early as possible can help maximize the chances of a successful bail hearing.

Family Law FAQs

Separation & Divorce

Parenting

Child Support

Spousal Support

Property Division

Prenuptial Agreements

Spouses do not need to live in separate homes to be considered legally separated. Spouses may be considered separated if they live separate lives under the same roof, with no intention of reconciling. This commonly happens when financial circumstances, the children’s needs, or housing availability make it impractical for one person to move out immediately. Factors that may prove separation include: Sleeping in separate bedrooms No longer having a spousal relationship Maintaining separate finances or bank accounts Informing family and friends the relationship has ended

You generally do not need to be separated for any minimum period before filing for divorce. However, if you are relying on one year of separation as the ground for divorce, the court cannot grant the divorce until you and your spouse have been separated for at least one year. Many spouses begin the divorce process before the one-year period has expired as issues such as property division, parenting, child and spousal support can often be addressed while the parties are separated and before a divorce order is granted. Where adultery or cruelty is accepted as grounds, a divorce may be granted immediately.

The most common way to settle is through a separation agreement. A separation agreement is a legally binding contract that outlines the terms of your separation, including property division, support, parenting, divorce and any issues involving the matrimonial home. It is very important to have legal advice when entering into a separation agreement. Failure to do so may leave you with a contract that is not legally binding.

If you and your spouse cannot agree on terms of your separation, you may want to try mediation. Mediation can be much quicker and less costly than the court process and the courts encourage parties to mediate before proceeding to court. You can attend mediation with or without a lawyer. If mediation does not work, you can try arbitration or proceed to with a family court application. It is highly recommended that you have a lawyer to help you with the court process.

33 Clapperton Street

705-553-0111

TRUSTED TRIAL ADVOCACY

CRIMINAL LAW

FAMILY LAW

ABOUT US

Martin Montes

Danielle Gendron

Criminal Law

Driving

drugs

Assault

Family Law

PROPERTY

SEPARATION AND DIVORCE

CHILDREN

OUR CASES

MGL IN THE MEDIA

Criminal Law FAQs

What happens at a bail hearing?

How does the court decide whether bail will be granted?

What is a surety?

What conditions might be imposed on an accused person?

Do I need to hire a lawyer for my Loved One’s bail hearing?

Family Law FAQs

Do spouses need to be living apart to be considered legally separated?

How long do spouses need to be separated before they can file for a divorce?

What is the difference between a joint divorce and an uncontested divorce?

Can spouses settle their separation and divorce without having to go to court?

What if my spouse and I can’t agree to terms of our separation?

Ready to Discuss Your Case?