Bail Hearing Lawyers

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:

• where the accused has a history of failing to attend court or
• accused has a history of failing to abide by court orders,
• is there is a risk that the accused would flee the jurisdiction,
• to ensure the accused appears for the trial,

To protect the public:

• the accused should be kept in jail because
• they have a criminal record for similar offences,
• 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 offence,
• 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 be still gathering evidence for the case,
• the police may have requested the accused be held in custody because the case is ongoing,
• 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.

Some bail hearings for more serious criminal charges, may be considered a “reverse onus”.

Reverse onus, means the onus to show why the accused should be release is reversed from the police to the accused.  The accused will be held in custody unless the accused or their lawyer can prove to the court why they should be released.

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 us to be properly represented at the bail hearing to avoid being held in jail for an extended period of time.

★★★★★  Nicholas was extremely patient in explaining a complicated process to our worried family. Ending in the result of bringing my grandson home. We can’t thank him enough. M.Braithwaite, Toronto  (GoogleReviews)

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 defence of the accused starts with the bail hearing.

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.

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 lawyers we ensure that you receive the best possible legal defence to successfully represent you in court. Contact us to discuss your case free of charge

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.

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 law firm that has appeared on hundreds of hearings we 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. Having a lawyer at the hearing will ensure that strict or un-realistic conditions are not placed upon the accused.

Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.