When you’re arrested and charged with a criminal offence in Toronto, one of the first legal steps you’ll face is a bail hearing. The bail hearing process is crucial, as it determines whether you can be released from custody while awaiting your trial. Understanding bail hearings is essential for anyone navigating the criminal justice system because their outcome can significantly impact your case and life.
At Stastny Law, our experienced Toronto criminal defence lawyers can guide you through the bail process. Whether you or a loved one has been arrested, we can provide skilled legal advice and representation to protect your rights. To schedule a consultation with our legal team today, you can call our Toronto office at 416-303-5164, or email us at info@stastnylaw.com.
What is a Bail Hearing?
A bail hearing is a court proceeding where a judge decides if you should be released from custody while awaiting trial. Some primary concerns during a bail hearing are whether:
- You will pose a risk to public safety if you are released
- You will attend future court dates
- Your release could undermine public confidence in the justice system
- And more
At bail hearings, release conditions are also determined in accordance with the Canadian Charter of Rights and the Criminal Code. For example, a judge can decide if a person being released will have a specific curfew, whether they must deposit money to ensure they return for future court dates, or if they require a surety.
What is a Surety?
In many bail hearings, a surety plays a critical role. A surety is a person who agrees to supervise you after you’re released to make sure you’re following bail conditions. This might include ensuring you attend court dates or avoid certain individuals or locations. The surety may also be required to pledge a financial amount as a guarantee.
The court will assess the suitability of your surety based on a variety of factors. These might include:
- Their relationship to you
- Their financial stability
- Their ability to enforce your bail conditions
- And more
The Bail Hearing Process
Step 1: Arrest and Custody
When you’re arrested, you will typically be taken into custody. Depending on the kind of charges you’re facing, you may be released with conditions or held in custody pending a bail hearing. For example, you may be released from custody without the need for a bail hearing after committing a minor crime, such as a traffic violation. In more serious cases, like those that involve assault or homicide charges, you may be more likely to remain in custody until a bail hearing can be scheduled. In both cases, bail conditions will be attached to your release.
Step 2: The Right to a Bail Hearing
Under the Criminal Code, you have the right to a bail hearing within 24 hours of your arrest if a judge is available, or as soon as possible if a judge is not. It is important to remember that delays can occur depending on court availability and the complexity of the charges you’re facing. In this short time frame, it is important that you contact a criminal lawyer to begin building a case or plan for your hearing.
Step 3: Presentation of Evidence
Once you attend your bail hearing, the Crown prosecutor will present evidence to argue why you should remain in police custody. This may include the nature of the charges, your criminal history, or other relevant risk factors.
Your criminal defence lawyer will then present arguments and evidence supporting your release. This will typically include a detailed release plan, testimony from a surety (if required), or evidence to show that you pose no significant risk to the public.
By working with a criminal defence lawyer from the moment you are arrested, you will have more time to prepare your argument for release. For assistance crafting an argument for your bail hearing, you can call Stastny Law’s criminal lawyers at 416-303-5164 now.
Step 4: Decision by the Judge or Justice of the Peace
After hearing arguments from both sides, the judge or justice of the peace decides whether the accused will be released and under what conditions. If your bail is denied, you will remain in custody until your trial takes place. This means you will be in jail until a court date can be scheduled. It’s important to note that trials may take anywhere from 4-12 months to be set and scheduled.
If your bail is denied at your initial hearing, you have the right to appeal the decision. An appeal of a bail denial is known as a bail review and will be heard by a higher court. A skilled criminal defence lawyer will help you prepare an appeal with a revised release plan or a different surety to help increase your chances of discharge.
Common Bail Conditions
If your bail hearing is successful and you are released from custody while awaiting trial, you most likely will need to comply with specific conditions set by a judge. These might include:
- Reporting to a bail supervisor regularly
- Living or residing at a specific address
- Staying at home during specific hours–usually overnight
- Following the rules of a house arrest, if applicable
- Avoiding contact with certain individuals or locations
- Abstaining from drugs or alcohol
- Surrendering your passport or other important documents
- And more
It is important that you follow your bail conditions exactly while awaiting trial. If you fail to follow your bail conditions, the police can re-arrest you and hold you in custody until another bail hearing can be scheduled. During your new bail hearing, you will be held with all your outstanding charges, including the failure to comply with your conditions, which may be considered an administration of justice offence.
How Can a Lawyer Help at Your Bail Hearing?
The bail hearing is often the first opportunity that a criminal defence lawyer has to advocate for you. A skilled lawyer will help you:
- Prepare a Strong Release Plan: This includes proposing conditions that address the court’s concerns. They can also help you select or present a reliable surety if required.
- Challenge the Crown’s Case: A lawyer can question the strength of the Crown’s evidence and argue that detention until trial is unnecessary or frivolous.
- Negotiate With Prosecutors: A lawyer can professionally negotiate with the Crown to agree on a set of bail conditions. This can be useful in securing your release from custody while awaiting trial.
- Represent You in Court: Whether you are attending your bail hearing in court or another proceeding, a lawyer ensures your rights are protected and will present persuasive arguments for release. They understand former case precedents, defences that are likely to work, and how a judge may respond to them.
In addition to securing bail, lawyers are skilled negotiators who will strive for just and fair terms. This might include minimal release conditions or lower financial commitments from your surety. At Stastny Law, we understand the importance of securing bail and the impact it can have on the outcome of your case. Our lawyers are dedicated to building compelling arguments to help you or your loved one secure release from custody.
Contact Stastny Law for Bail Hearing Assistance Now
Bail hearings are a critical stage in the criminal justice process. Having an experienced lawyer by your side can make all the difference in your confidence. At Stastny Law, our Toronto criminal lawyers have extensive experience advocating for clients in bail hearings, whether it’s the initial hearing or an appeal. We understand the stakes and are committed to helping you pursue the best possible outcome.
If you or a loved one is facing a bail hearing, contact our legal team immediately and schedule a consultation. You can call our Toronto office at 416-303-5164, or email us at info@stastnylaw.com and we will get back to you as soon as possible. We are here to provide skilled, compassionate, and effective legal representation.
*Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, consult with a qualified Toronto criminal lawyer.*
