Toronto Bail Hearing and Bail Review Lawyer

Toronto Criminal Defence Lawyers Representing Clients In Bail Hearings and Bail Reviews

Bail Hearings

If you have been arrested and are not released from custody, you have a legal right to a bail hearing before a Justice. This hearing will determine if you can be released and the appropriate conditions of your release, or if you must stay in custody while awaiting trial.

In determining whether to release an accused, the Justice is to impose the least restrictive form of release possible.

When making their decision, the Justice is to consider three grounds for detention, which are outlined in the Criminal Code of Canada. The first or primary ground is whether the detention of the accused is necessary to ensure he or she attends court. The secondary ground is whether the detention of the accused is necessary for the protection or safety of the public. The third or tertiary ground is whether the detention of the accused is necessary to maintain confidence in the administration of justice. This final ground typically arises with very serious charges and where the Crown has a strong case.

The Justice will consider various factors when assessing the above three grounds and determining whether or not you should be released on bail, including:

  • The severity of the charges
  • Your criminal history
  • Ties to your family, job or business, and community

If you are released, you may be released with or without a surety. A surety is a person, often a friend or family member, who will have to promise to the court that they will supervise you to ensure you will comply with the bail conditions. The promise to supervise often comes with a no deposit pledge of money that could be lost should the surety fail to properly supervise the accused.

Engaging the services of a bail hearing lawyer is beneficial, as they play a crucial role in showing the Court why you should not be held in custody pending trial. They can also assist in creating a bail plan for you and negotiating a possible consent release with the Crown Attorney. Their expertise ensures that your bail conditions and the assigned amount are fair and justifiable.

Bail Review

In some cases, the bail decision of the original Justice may contain some form of legal error or otherwise be incorrect. In other cases, circumstances may change after the initial bail hearing. A bail review allows for a re-evaluation of the decision to detain an accused person. If bail was initially denied, your lawyer may be able to pursue a bail review to challenge the decision. Legal representation in these situations is crucial in ensuring your freedom.

The Importance of Seeking Legal Counsel

Our team of Toronto criminal defence lawyers are able to represent you and assist your family members at a bail hearing. They are able to provide guidance on the best course of action, including crafting and preparing an appropriate bail plan and preparing any sureties. They will advocate for you and ensure your rights are protected throughout the legal process.

We offer multiple convenient locations in Toronto, Whitby, Barrie and more to serve our clients better. To begin your initial consultation and find the right criminal lawyer, please contact us at (416) 449-1400.

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