Bail Hearings

Bail Hearing Lawyer

Nicholas Charitsis is a Toronto bail hearing lawyer for the Toronto and area courts. He has represented thousands of arrested persons at bail hearings with a success rate of over 95%.

Consultations are conducted at no charge by calling 416-878-2275 or contacting our office.

What is a Bail Hearing?

After the accused has been arrested and taken to the police station the police may ask that a bail hearing be held.

Bail hearings are “Court Hearings” before a Judge or Justice of the Peace to see if the accused should be released from police custody after being arrested while awaiting the trial date.

At the bail hearing the police may suggest that if the court decides to release the accused that the court bail conditions upon them. e.g. curfews, no alcohol etc.

The judge reviews the case and then makes a decision to either release the person with or without conditions.

Why do the Police Want a Bail Hearing?

Bail Hearings are considered necessary when one or more of the following grounds exists in a criminal prosecution;

To ensure that the accused attends court;

  • e.g. if the accused has a history of failing to attend court or abide by court orders,
  • or if there is a risk that the accused would flee the jurisdiction,
  • the prosecution could ask that the accused be kept in jail to ensure that they appear for the trial,

To protect the public;

  • the accused should be kept in jail because they have a criminal record for similar offenses,
  • a history of violence, or
  • where there is a fear that the accused will return and hurt the victim or another person, or that the accused will commit other crimes.
  • to ensure that no other crimes are committed while not in jail.

To maintain confidence in the administration of justice;

  • the court will consider the apparent strength of the prosecution’s case,
  • the gravity of the offense,
  • the circumstances surrounding its commission and,
  • the potential for a lengthy jail term.

To obtain or gather evidence for the court case;

  • the police may have requested the accused be held in custody because the case is ongoing,
  • the police may be still gathering evidence for the case,
  • the police do not want the accused to be able to contact others involved in the matter.

Since many Toronto area courts are overburdened with trials and have limited resources, when a person is arrested they can remain in jail for many months, unless they are released at their bail hearing.

If you or a family member has been arrested and are facing a bail hearing in the Toronto area contact me to discuss the bail hearing process.

The Judge will Consider Four (4) Points in a Bail Hearing

During a bail hearing may also be called a show cause hearing. The judge under the Bail Reform Act of Canada must consider four (4) things;

  • If released from custody will they commit the criminal act again?
  • Is the identity known to the police and justice system?
  • Will the accused return to the court at a later time to appear for their trial?
  • Has any evidence required for the trial been obtained?

During a show cause hearing the onus is on the police and crown attorney to explain to the judge why arrested party should be held in custody and not be released.

Reverse Onus Show Cause Hearings

For some bail hearings, a criminal charge may be considered a “reverse onus”.

A reverse onus, means that the arrested party, will be held in custody unless they or their lawyer can prove to the court why they should be released. The accused has to explain to the court why they should be released, not that the police have to prove to the judge that they should be kept in custody.

Reverse onus show cause hearings are usually for more serious offences.

At the end of the bail hearing the Justice can either;

  • release the accused pending their trial date,
  • hold them in jail until the trial date, or
  • release the accused with conditions placed upon them.

The Justice may require that a bond or cash deposit as bail be placed by someone acting as a surety for the accused.

A surety is someone who puts up the bond (a promise to pay a set amount of money on behalf of the accused) at a bail hearing.

As many trials can take months and or years to come to court, contact me to be properly represented at the bail hearing to avoid being held in jail for an extended period of time.

Why a Lawyer for a Bail hearing?

As a well known Toronto bail hearing lawyer, many times I can speak to the police to avoid going through the bail .

Or if the arrested person is held in custody and a bail hearing is going to be held, as a lawyer I can;

  • Arrange that the bail hearing be held as soon as possible, and
  • Ensure that the accused is released from jail as soon as possible.

At the bail hearing a lawyer can;

  • Ensure that the court does not put erroneous or strict bail conditions on the accused,
  • Ensure there are no restrictions on movements and ability to work, and deal with issues like;
  • house arrest, curfews and reporting conditions.

A bail hearing a lawyer assist your family by;

  • Explaining the court hearing to your family, and guiding them though the process
  • Information about becoming a surety and providing bail.
  • Explain and help with any bail conditions that may be imposed.
  • Answer any questions you may have at the hearing,
  • Give advice on what documents may be needed to present to the court.
  • Give assistance on what to say and how to act in court.

For the accused a lawyer helps by;

  • Explaining the bail hearing process to the accused.
  • Having witnesses and having people appear at the hearing to testify on your behalf.
  • Explain to the accused how they need to act and present themselves.
  • Guide the accused on what not to do or say in court.

Many times the crown attorney will want to know about issues such as treatment for alcohol and drugs use, or counselling that I can provide the answers to.

Call now to speak with a bail hearing lawyer with years of experience in the Toronto and area courts at 416-878-2275.

Why Not Duty Counsel?

While the accused does not have to retain a lawyer, and “duty counsel” (the free lawyer appointed by the government) is available, there maybe reasons why hiring your own lawyer for a bail hearing maybe more in your interests.

  • The duty counsel lawyer has numerous case given to them that day and doesn’t have much time to give individual attention.
  • The duty counsel lawyer does not have the time to go and speak to the police prior or during the bail hearing.
  • The duty counsel lawyer has no vested interest in best interests of the accused at the hearing.
  • The duty counsel lawyer won’t explain to the accused how they need to present themselves.

Having your lawyer representing the accused will ensure that the court hearing and process is conducted in the best interests of the accused.

Bail Hearing Reviews

Where the accused was not properly represented at the bail hearing initially and the accused is held in custody, we can apply to a higher court for a review of the bail hearing and any detention order.

A bail hearing review requires that a separate application be made to the court.

At this hearing we will;

  • properly represent the accused,
  • brings forth any witnesses for the hearing and
  • presents the accused in the best possible light
  • to either have the accused released from custody or request changes in the bail conditions.

The Bail Hearing is Part of Your Defense

It is much harder to prepare for a trial where the accused is being held in custody.

Many times accused persons are pressured to plea guilty to secure a quick release from being held in jail, incarnated and due to family or work issues.

Being held in custody frustrates the communication with your family and legal counsel.

When the accused is out of jail they can;

  • obtain counselling or
  • receive treatment
  • that may assist counsel in obtaining reduced charges,
  • a favourable disposition to the case, or having the criminal charge dropped completely.

The Bail Hearing is Part of Your Defense

At a bail hearing, the hearing will be held in a court room at the court house in front of a Justice of the Peace.

A Crown Attorney will represent the police at the hearing and explain to the Justice or Justice why the accused should be kept in custody prior the trial being held.

The Crown Attorney may suggest that the accused could be released from custody but would ask the court to impose bail conditions upon them while on release.

As many of the courts have a backlog of trials, not being released at the bail hearing could mean that the accused remains in jail for many months.

As a Toronto bail hearing lawyer who has appeared in court hundreds of times I know the procedures for Bail Hearings to ensure that your family member has the best opportunity to be released from custody with or without bail conditions.

If the court decides that the accused may be released, the court may request that the accused have “Conditions” applied on them that they must follow.

Bail Conditions May Include;

At the bail hearing the court may insist that the accused if released from custody have conditions, (bail conditions) placed upon them, such as;

  • Not to leave the country, and to surrender any passport.
  • To reside a certain address, including curfews.
  • To be of good behaviour, not to commit any further criminal acts.
  • Not to attend certain places, or to stay away from addresses, e.g. places known for criminal activities, or a matrimonial home in the case of a domestic assault.
  • Not to communicate with persons, e.g. spouses or witness.
  • To report to the police daily, weekly, or monthly.
  • To abstain from the consumption of alcohol or drugs

The court may want someone to assume the role of a surety. The term surety is the term used in court to describe someone who bailed out an accused person out of jail at a bail hearing.

The court may also ask that the surety provide a bail bond.

To qualify to be a surety for a bail hearing you must meet the following criteria;

  • You must be a Canadian citizen or a landed immigrant,
  • You should not have a criminal record, and
  • You cannot be a surety for more than one person at the same time

The court will want the accused to live with the person who is the surety from the date released from jail to their court date.

The surety should come to the bail hearing prepared with proof of identification and documents showing they sufficient assets to sign the bail bond. Assets which qualify for the bail bond are:

  • Canadian savings
  • A deposit account with a chartered bank
  • GICs other investments or;
  • Real property (ownership of a home, apartment, condominium, cottage).
  • A line of credit or credit card or other assets such as a car do not qualify as proof of assets for the bail bond.

Once the bail hearing is heard, and the accused has been through the bail hearing process the Justice will grant bail to the accused person and they will be released from custody pending the trial.

Upon being released the accused may have certain conditions attached to the bail. Should the accused violate any of the conditions of the bail or commit a further crime the bail would be revoked and the accused would be returned to custody (jail).

As an bail hearing lawyer I ensure that you receive the best possible legal defense to successfully represent you in court.

After years of experience in the Criminal Courts representing clients in criminal law I am the expert that can help you and best defend you.

I offer a free initial consultation to discuss your case in detail without charge.

Contact me to discuss your case free of charge I have years of experience appearing at bail hearings and I can help you.

Toronto Bail Hearing Lawyer

About Bail Hearings

Criminal Law Practice

Reviews of Nicholas Charitsis

The crown wanted to keep me in custody on the Bail Hearing.  Nick was through, professional and explained my situation to the judge.  The judge listened to Nick and granted me bail without conditions.  Thanks to Nick everything worked out fine!
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martin urraburu
21:37 27 Jul 17
Studying to become a paralegal and with my acceptance to law school, it has never been more thorough and understanding with the advice and pointers of Nicholas Charitsis. Being one of Toronto's top Criminal Defence Lawyer's he knows his clients and the Law. His high quality negotiating traits have earned his client's great success in and outside the courtroom. An all around gentleman gives his client's the comfort they need while undergoing such stress a criminal charge can bring into someone's life. You need experience and dedication to take on such challenging situations, and Nicholas Charitsis will demonstrate that in his practice of criminal law. I recommend that if anyone out there has any case involving the justice system to give his office a call, he will work around the clock to help you move on. From resolving your matter to destroying your finger prints after your issue has been dealt with. Call the Law office of Nicholas Charitsis.
Robina Cheema
15:45 27 Jul 17
Nick is the BEST criminal defense lawyer in Toronto. He's very knowledgeable and get's things done. The judges all know him and respect him. The Best decision I made was to hire him as my lawyer. His fees were worth every penny to clear my name from the police records. I would highly recommend Nick if you're in Need if the BEST criminal lawyer.
Konstantinos Papatolikas
19:17 28 Jun 17
You will never meet a more honest individual who actually cares about people and puts his clients first. I went to see Nicholas about a criminal charge that I was stressing over for months. He came up with a solution right away. He didn't even charge me for his time. I should have gone to see him sooner than I did because I left his office feeling calm and confident about my situation. I eventually hired him and he was able to get all of my charges dropped. I would recommend him to anybody in need of the best criminal lawyer.
Survivor 101
04:02 28 Jun 17
From the start Nicholas had his word . He promised me everything will be okay and we will get those charges gone . He stuck with his word and he fought for me . I had false accusations against me for something I didn't even do . I endured the pain and suffering for months, at times I felt hopeless. Some nights I couldn't even sleep. Nicholas was reassuring , clear , and confident . He knew what he had to get done and he did . If you have any case leave it to him ...you will not be disappointed. The most rewarding part for him is helping people out of his own good heart like he helped me . I would also like to thank his law clerk Montana for being so patient and understanding . Thank you Nicholas Charistis to you for giving me my life back .
nick petrou
16:55 23 Jun 17
This is how good Nicholas Charitsis is: Today he got my case thrown out at the old city hall court. He literally explained the law to the judge and the prosecutor and took complete control of the process. I was sitting in the courtroom thinking this guy is THE MAN and he's MY LAWYER . I couldn't have been happier. By hiring him I got piece of mind and excellent results. Had to switch lawyers from another firm until I found him. Thank goodness I did!
Susan Khalili
12:59 02 Jun 17
I was arrested for DUI and foolishly thought that I could deal with the case on my own. After several useless court appearances and getting ridiculed by a judge it was time for me to hire the services of a professional. I searched and searched until I found the best rated DUI lawyer in Toronto. I called the law offices of Nicholas Charitsis and was greeted by his friendly assistant Montana Brown. She was able to set up a meeting with Nicholas within 24hours. When I arrived at his office there was a bit of a wait since Nicholas was running late with his other meetings. His assistant was very pleasant and made me feel extremely comfortable while I was in the waiting room. Nicholas then came out to greet me and brought me into the meeting room. He was polite and very professional. He meticulously walked me through the process of my criminal case by mapping everything out on a large whiteboard. He explained each and every step of what he would do and how long it would take to do it. It was amazing! I felt completely informed and finally knew what to expect for the case. After everything was said and done my charges were dropped and I saved my driver's licence. Nicholas is truly the best DUI lawyer out there. All of the positive reviews are completely true.
Helen Wu
22:14 02 May 17
I have to say that I am very happy that I hired Nicholas for my domestic assault case. This is my honest review. I found Nicholas very approachable and likeable. After interviewing several lawyers before him, I decided to hire Nicholas the same day I met him. He had a lineup of clients waiting for him, which I liked because it gave me confidence that he was a good lawyer. He wasn't on call for me all the time but I found him to communicate fairly effectively. He would sometimes respond to my e-mails at late hours, which is something I found to be very good because it showed him to be a hard worker. Sometimes I needed to contact him a couple times because he was busy but it ended up being ok. It was definitely a small sacrifice. He did communicate very well in general. He has an amazing memory and somehow remembers my case when I speak to him on the phone without him even having his notes. His work is top notch. He really takes the time to make sure everything is in order. I am very satisfied.
Karen Singh
23:23 25 Apr 17
Nicholas has helped me and family out a few times in the past. He's always easy to get a hold of and ready to help out when we need him. His fees are reasonable and he is completely honest about what the outcome will likely be. Each time I've used him, Nicholas has exceeded my expectations with the results. My family and I trust him 100% and would recommend his office without hesitation. He's the best lawyer in the 905 and 416 for sure.
Bryson Hood
14:57 13 Apr 17
This guy is awesome. I had 9 prior convictions for driving under suspension and a new charge of dangerous driving. I don't know how he did it but Charitsis kept me out of jail. He is an incredible lawyer. When we finished my case at the Newmarket court his colleagues were giving him high fives for getting the result that he did in my case. I should also mention that his assistant Montana is extremely helpful and pleasant. She talked me through the whole ordeal and made me feel safe and confident that Nicholas would come through for me. I give him all the credit for solving this terrible situation I was in. He is worth the extra costs
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