Bail Lawyer Toronto
Representation and advice on bail hearlngs and procedures with criminal
defence lawyer Daniel Brown representing clients in Toronto Brampton,
Mississauga and southern Ontario.
This article contains information about the
bail hearing process and obtaining bail for criminal charges in Toronto,
Ontario. Those looking for advice on bail hearings and bail procedure should
consult a criminal lawyer.
Does everyone charged with a
criminal offence require a bail hearing?
For most criminal offences, the police
have the choice to release a person charged with a criminal offence without
requiring a bail hearing. Police will generally hold a person for a bail
hearing where they have concerns on one of the following grounds:
1) they need to establish the accused
person’s identity
2) they fear the accused will destroy
evidence relating to their investigation
3) they fear the accused will continue
or repeat the offence or commit other criminal offences
4) they have reasonable grounds to
believe the accused will not show up for court.
If the police hold any of these
concerns, they will likely hold the accused person for a bail hearing
instead of releasing them from the police station.
What happens at a bail hearing?
At a bail hearing, the court will decide
whether or not the accused person should be released from jail while they
await their trial.
How does
the Court decide who to release on bail?
In determining whether or not an
individual facing criminal charges should be released from jail, the Court
must be satisfied that the accused person will attend their court dates,
that there is not a substantial likelihood that the accused would commit
further criminal offences while released on bail and that the community
would not be offended by the person's release given the serious nature of
the offences alleged and the strength of the Crown’s case against the
accused.
The onus is generally on the Crown to show
why the accused should not be released on bail. In some situations, the onus
is switched and it is the accused who must show why he should not be
detained in jail while he awaits trial.
Most commonly, the reverse onus provisions
are triggered when an accused person is already released on bail for other
charges or is charged with a specific offence that imposes the reverse onus
procedure, such as drug trafficking. A reverse onus situation may also be
triggered when the person charged does not ordinarily reside in Canada.
For a person in custody, a bail hearing is
often a critical juncture that will affect their decision on how to proceed
with their case. This is a very important part of the criminal process and
cannot be underestimated.
What does an accused person need
to do to in order to get bail?
At the bail hearing stage, the person
charged will likely need the assistance of his or her friends or family
members to come to court and act as sureties.
A surety is somebody willing to supervise
the accused person while released on bail and is responsible for ensuring
that all of the conditions of the bail are being followed. In some
instances, the accused person may be required to live with the surety and
the surety will likely be required to pledge a monetary amount towards the
bail. This monetary pledge ensures that the surety will properly supervise
the accused person - or risk losing their money should they fail to do so.
In most instances, the surety need only
establish that they have access to the amount of money being pledged and
need not deposit the money with the courts. Bankbook statements or property
deeds are examples of ways the surety can prove their assets to the Court.
How many
sureties does somebody need to get bail and how much money will the
sureties need to pledge?
The amount of sureties and money to be
pledged can vary depending on a number of factors such as the number of
criminal charges the accused is facing, the type of charges, the financial
situation of the surety, the surety’s ability to supervise the accused,
whether the accused has a prior criminal record and the extent of the record
among other considerations. Every case is fact specific and the decision of
how many sureties are required and how much money they must pledge is
ultimately a decision for Judge or Justice presiding over the bail hearing.
A surety may be asked to testify in Court
about their plan to supervise the accused and perhaps give some background
information about the accused person as well as their personal relationship
with the accused in order to determine their suitability as a candidate to
supervise the accused while on bail. One of the most important roles a
defence lawyer has at the bail hearing stage is to ensure that potential
sureties at the bail hearing are adequately prepared for the process of
testifying in court.
The sureties should know ahead of time
what questions will be asked of them by the defence lawyer and even what
questions they may be asked by the Crown Attorney. One wrong answer to any
of the questions asked in Court could result in the denial of bail for the
accused. Experienced criminal lawyers know what questions will likely be
asked at a bail hearing and can prepare sureties ahead of time for the
“tough” questions. A well prepared surety is often the difference between
securing a release on bail and a detention order.
What can be mentioned at a bail
hearing?
The Crown may present a wide range of
information about the accused person and about the offense with which they
are charged, including the prior criminal history and specific facts
relating to the charges. As everyone in Canada is innocent until proven
guilty, the public disclosure of the allegations against an accused person
could significantly impact their right to a fair trial. In certain
circumstances, the lawyer can request a ban on the publication of any of
this information. The justice can order that any information, including the
reasons for releasing an accused person from jail or detaining them in
custody, not be made public.
What are some possible conditions
of release?
Some accused are released from custody
after a bail hearing with relatively minor conditions while others are
subjected to strict conditions if released from jail. These bail conditions
dictate what an accused person can or cannot do while awaiting the outcome
of their criminal case. These conditions of release may include a
requirement to report to a police station on a regular basis, to remain away
from a specific area or location, to maintain a curfew, to notify the peace
officer of any change in address or employment or occupation, to abstain
from communicating, directly or indirectly, with any victim, witness or
other person identified in the order, or any other conditions that a judge
imposes.
What happens if
the accused is not granted bail?
In the event of a detention order (denial
of bail), the accused will have to bring a special application to the
Superior Court of Justice to have his detention order reviewed by a higher
level of Judge. For more information on the detention review process, please
read:
How Can I Change My Bail Conditions?.
What if the surety can’t attend
court for the bail hearing?
If sureties are absent, one option may be
to postpone the bail hearing to a later date when the sureties are available
to attend. There is no limit to the number of times a bail hearing can be
postponed; however, a lawyer is usually only retained to appear for one bail
hearing appearance. Postponing the hearing may result in additional costs
incurred with the lawyer to have them appear on another date.
What happens if I am caught
violating my bail conditions?
If an accused person is caught violating
any condition of their bail, they may be arrested and brought back to court
for another bail hearing. In some cases, the court may revoke the previous
bail order or impose more stringent conditions if the Judge grants a
subsequent release on a new bail. For more information about violating bail
condtions - read:
Failing to comply with bail.
What happens
after I am released?
Following your release, you will meet with
your criminal defense lawyer to prepare your case for trial. please read:
Criminal Court Procedure for more information on the criminal court
process.
There is no substitute for strong,
experienced legal representation when going through the criminal justice
system. I can help assist with your bail hearing at a cost you can afford.
Appointments are available after hours and your first consultation is always
free. I can be reached at 416.297.7200 to arrange a consultation to discuss
your specific situation so that I can provide sound legal advice that suits
your needs and objectives.
BACK TO FAQ
BACK TO HOME
Representation and advice on bail hearlngs and procedures with
criminal defence lawyer Daniel Brown representing clients in Toronto
Brampton, Mississauga and southern Ontario.
