When you’re charged with a criminal offence, the prospect of waiting for your trial in custody can be daunting. This is why making bail can be the first important step in your defence process. When you attend your bail hearing, you will need a thorough plan, a good defence, and a thoughtful strategy.
Stastny Law’s Toronto bail hearing lawyers are dedicated to providing the support and representation clients need during this pivotal stage of their case. To schedule a consultation with our experienced legal team today, call our Toronto office at 416-303-5164 or email us at info@stastnylaw.com.
What is a Bail Hearing?
Bail is the process through which a person is allowed to be released from police custody under certain conditions. This allows them to await their court date or trial at home instead of behind bars if they’ve been charged with a crime.
A bail hearing, also known as a “show cause” hearing in Canada, is a judicial process where a judge or justice of the peace decides if an accused person should be released from custody while awaiting trial. During a bail hearing, the goal is to balance an individual’s presumption of innocence with the need to ensure that they show up in court and the public stays safe.
During a bail hearing, the court will take into consideration factors such as:
- The seriousness of the charges in question
- The accused’s criminal history or prior criminal record
- Risk of the accused fleeing to avoid trial
- Risk to public safety
- Strength of evidence
- And more
Attending a bail hearing is pivotal, as it will determine whether you can await trial at home or remain in custody. If you secure bail, you may be able to continue working, attending school, or caring for your family. In addition, you will have more time and resources to prepare an effective defence against your charge. During a bail hearing, a lawyer can be invaluable. They will present a clear, persuasive argument in court in favour of their client being released.
Types of Bail and Conditions in Ontario
If a court agrees to grant your release from custody during your bail hearing, several types of bail or accompanying conditions may be imposed. The type of bail or conditions ordered will vary depending on the unique circumstances of the case and the judge making the decision. Conditions might include:
- Release on Recognizance: You will need to sign an agreement promising to attend court when directed and follow all release conditions. Conditions outlined in the agreement might include, for example, a requirement to stay home during certain hours. In most cases, you will need to pay the court money if you fail to follow the conditions of your recognizance.
- Surety Bail: In some cases, a surety – often a family member or friend – pledges to monitor you and ensure you meet all of your bail conditions. The surety may also be held financially responsible if you breach the terms of your bail.
- Cash Bail: This option is typically required if you live outside the jurisdiction where you have been charged or you are considered a higher flight risk. A cash deposit is paid to secure your release. Normally, the greater the severity of the charges, the higher the amount that needs to be deposited.
- Bail with Conditions: Courts can set specific conditions for you to follow if you are released from custody while awaiting your trial. These might include:
- Curfews
- Travel restrictions
- Abstaining from drugs or alcohol
- Attending counselling
- Avoiding certain individuals or locations
- And more
The terms and conditions attached to bail will vary widely depending on the specifics of your case. An experienced bail hearing lawyer can help negotiate terms that allow you to maintain as much freedom as possible while still satisfying court requirements.
Why Should You Work with Stastny Law’s Toronto Bail Hearing Lawyers?
Bail hearings are often held quickly after arrest, meaning time is of the essence. Stastny Law understands the urgency of these situations and will act quickly to gather the information needed to present a convincing argument for your release.
Our lawyers can help you with:
- Prompt Service and Responses: We recognize that time is crucial when it comes to criminal charges and bail hearings. That’s why we work quickly to prepare and represent you when you’re in need.
- Preparing a Solid Release Plan: When a judge is deciding whether to grant you bail, they will examine the kind of release plan you have. A comprehensive release plan, which might include a surety, stable housing, and employment or educational commitments, can increase the chances of your bail being approved. We work closely with clients and their families to create a robust plan that addresses all court concerns.
- Reviewing the Details of Your Case: At Stastny Law, we carefully examine the nature of your charges and any criminal history you have to build you the best possible case for release. We aim to demonstrate that you pose little risk to the public and you are strongly committed to meeting your bail terms.
- Representing You at Your Bail Hearing: During the bail hearing in court, our Toronto bail hearing lawyers will present evidence, propose conditions, and address any objections presented by the Crown. We can also advise sureties who are testifying to make sure they understand their responsibilities. With our representation, you won’t need to stress about speaking to the court by yourself.
- Negotiating with the Crown: In some cases, working with the Crown prosecutor to reach a mutual agreement can improve the likelihood of your release. Our lawyers will use their knowledge of bail conditions in Ontario to negotiate terms they think the court may find acceptable.
What Happens if Bail is Denied?
If bail is denied, you will remain in custody until your trial or until a subsequent bail review can be scheduled. A bail review is a request to reconsider the initial bail decision. It’s usually submitted if new evidence or information is introduced into your case.
Stastny Law’s lawyers can assist you in preparing a bail review application. We will work to present a stronger case for your release by addressing concerns previously cited by the court. In some cases, further negotiations with the Crown or adjustments to your release plan might improve your chances of approval at the bail review stage.
Contact Stastny Law Today to Speak to a Toronto Bail Hearing Lawyer
Although bail does not absolve you of the criminal charges you are facing, it can make the legal process leading up to your trial a lot more comfortable. You will be better able to focus on assembling your defence and maintaining your day-to-day responsibilities. Stastny Law’s Toronto bail hearing lawyers understand the importance of freedom during these challenging times and are here to provide reliable, strategic support.
If you or a loved one is facing a bail hearing, don’t hesitate to contact us to discuss your options and begin building a case for your release. Call our Toronto office today at 416-303-5164 or email us at info@stastnylaw.com to schedule a consultation. We’re here to provide the assistance you need when it matters most.
