Bail Hearing Lawyer

Ensuring Your Fair Representation And Release

If you or someone you love has been arrested and charged with a criminal offence in Toronto, you need to act fast to secure your release from custody.

A bail hearing is a crucial step in the criminal justice process that can significantly impact your defence strategy, personal and professional life, and mental and physical well-being. That’s why you need an experienced and reliable bail hearing lawyer to represent you and fight for your freedom.

What Is A Bail Hearing?

A bail hearing is a court proceeding where a judge or a justice of the peace decides whether you should be released from custody or detained until your trial. The purpose of a bail hearing is to determine if you pose a risk of:

• not attending court when required
• committing another offence while on release
• interfering with the administration of justice

The Crown prosecutor has the burden of proving that there are reasonable grounds to believe that detaining you is necessary for the public interest. The judge or justice of the peace will consider various factors, such as:

• the nature and seriousness of the offence
• the strength of the evidence against you
• your criminal record and history of compliance with court orders
• Your personal circumstances, such as employment, family, health, etc.
• The availability and suitability of a surety (a person who agrees to supervise you and ensure that you follow the bail conditions)
• any other relevant factors

Types Of Bail Hearings

There are three main types of bail hearings in Canada:

Reverse Onus Bail Hearing

This is where you must prove why you should be released. This applies to certain offences, such as murder, terrorism, firearm offences, drug trafficking, etc., or if you are already on bail for another offence. A reverse onus bail hearing is more difficult to win than a regular bail hearing.

Consent Bail Hearing

This is where the Crown agrees to release you on certain conditions without a contested hearing. This may happen if the Crown does not have strong grounds to oppose your release or if you have a good lawyer who can negotiate with the Crown on your behalf. A consent bail hearing is usually faster and easier than a contested bail hearing.

Contested Bail Hearing

This is where the Crown opposes your release and argues that you should be detained. You or your lawyer will have to present evidence and arguments to counter the Crown’s position and persuade the judge or justice of the peace that you should be released. A contested bail hearing is usually longer and more complex than a consent bail hearing.

The Importance Of A Bail Hearing In A Successful Defence

A bail hearing is not only important for your immediate freedom but also for your long-term defence strategy. Being released on bail can have many advantages for your case, such as:

• You can maintain your employment, education, family, and social ties while awaiting trial.
• You can avoid the harsh and overcrowded conditions of jail, which can affect your physical and mental health.
• You can communicate more easily with your lawyer and prepare your defence more effectively.
• You can avoid being pressured into pleading guilty or accepting an unfavourable plea deal just to get out of jail.
• You can preserve your presumption of innocence and avoid being stigmatized by society.

On the other hand, being denied bail or having unreasonable bail conditions can have many disadvantages for your case, such as:

• You can lose your job, income, housing, education, family support, etc., while in custody.
• You can suffer from stress, anxiety, depression, isolation, violence, or illness in jail.
• You can have limited access to your lawyer and face difficulties in obtaining and reviewing evidence, contacting witnesses, or conducting investigations.
• You can appear less credible and sympathetic to the court and the jury by being in custody.
• You can face a longer sentence if you are convicted, as the time spent in pre-trial custody may not be fully credited.

Therefore, it is crucial that you have a skilled and experienced bail hearing lawyer who can help you secure your release on the most favourable terms possible.

How To Get Bail For Criminal Cases In Toronto

If you are arrested and charged with a criminal offence in Toronto, you will be taken to a police station where you will be booked, fingerprinted, photographed, and searched. You will also have the right to contact a lawyer and receive legal advice.

Depending on the circumstances of your arrest and the nature of the offence, you may be released by the police with or without conditions, or you may be held for a bail hearing.

To get bail for criminal cases in Toronto, you will need to have a strong case for your release and a reliable surety who can vouch for you and guarantee your appearance in court.

• You will also need to have a competent and knowledgeable bail hearing lawyer who can:
• Review the disclosure (the evidence that the Crown has against you) and identify any weaknesses or errors
• Negotiate with the Crown for your release on consent or on reasonable conditions
• Gather and present evidence and arguments to support your release
• Cross-examine the Crown’s witnesses and challenge their credibility
• Prepare and examine your surety and ensure that they understand their role and responsibilities
• Advise you on the best course of action and protect your rights and interests

With over 20 years of experience practicing criminal law, Richard Fedorowicz possesses the necessary expertise to effectively navigate any type of bail hearing in Toronto.

Common Bail Conditions

If you are released on bail, you will have to abide by certain conditions imposed by the court until your trial or resolution of your case. The conditions may vary depending on the offence, the risk factors, and the circumstances of your case. Some of the common bail conditions are:

• Reporting to a police station or a bail supervisor at regular intervals
• Residing at a specific address and not changing it without permission
• Abstaining from alcohol or drugs
• Not possessing any weapons or firearms
• Not contacting or communicating with the complainant, the witnesses, or any co-accused
• Not attending certain places or areas
• Obeying a curfew or house arrest
• Attending counselling or treatment programs
• Surrendering your passport or travel documents
• Not leaving the province or the country

What Are The Benefits Of Hiring An Experienced Bail Hearing Lawyer?

Hiring an experienced bail hearing lawyer is one of the best decisions you can make for yourself and your case. A bail hearing lawyer can provide you with many benefits, such as:

• Giving you sound legal advice and representation throughout the bail process
• Protecting your rights and interests at every stage of the proceedings
• Preparing a solid case for your release based on the facts and the law
• Negotiating with the Crown for a favourable outcome
• Presenting persuasive arguments and evidence to the court
• Finding and preparing a suitable surety for your release
• Explaining the bail process and conditions to you and your surety
• Helping you comply with the bail conditions and avoid any breaches
• Assisting you with any bail reviews or appeals if necessary

At Fedorowicz Criminal Law, we have over 20 years of experience in handling bail hearings for all types of criminal charges in Toronto. We have successfully obtained bail for hundreds of clients facing serious allegations such as murder, sexual assault, robbery, fraud, drug offences, etc. We have also helped clients who were denied bail by lower courts to obtain their release on appeal.