If you are under investigation or have a friend or family member who has been arrested, it is essential that you speak to a bail hearing lawyer as soon as possible. The outcome of a bail hearing can mean the difference between enjoying your freedom or remaining in custody pending the hearing of your case.
Fedorowicz Law is a defence lawyer firm based in Toronto, ready and available to represent clients at bail hearings of various criminal charges.
Schedule a free consultation today to learn more about how we can help you.
What is a Bail? Understanding the Bail Process with Fedorowicz Law
Put simply, bail is the release of a convicted person from jail and their custody after an arrest before their case can go to trial. The Canadian legislation states that someone under arrest must be taken for bail as soon as possible – therefore, many people who are charged with a crime and arrested expect to have a bail hearing to fight for their chance of being released. Obtaining bail is one of the most important steps in successfully defending a criminal charge.
There are many cases where people in jail have their claim for a bail hearing denied, which forces them to stay in a cell waiting for the day they can go to court – due to the backlog of cases in the court system, those who are denied bail face the prospect of spending months in custody between arrest and trial. Therefore, it is vital that an accused person contacts a bail hearing Toronto lawyer to assist them with their bail process.
In Ontario, it can take up to a year or longer to go to trial. As a result, those who are refused bail and remain in custody are faced with an agonising decision: do I plead guilty to obtain my freedom or remain in custody and fight the charge? And the consequences of pleading guilty can be significant, including a criminal record, which will undermine your ability to find employment job and travel outside the country.
It is, therefore, essential to have an experienced criminal lawyer on your side who will fight for your immediate release from custody. At Fedorowicz Law, our experienced lawyers can cautiously and efficiently prepare a compelling case for you. Schedule your free consultation with us today!
What Does the Court Consider at a Bail Hearing?
The Court considers certain factors at a bail hearing if a convicted person should be released according to the Criminal Code. Such influential factors refer to the primary, secondary and tertiary grounds of a hearing.
The primary ground refers to the concern of the accused person running away to another country upon being released on bail. To avoid this scenario, the Court looks into the accuser’s profile and checks to see if they have any important connections that could influence their decision to flee and disappear.
The secondary ground refers to public safety. Being the most important ground of a bail hearing, the secondary ground is about the accused’s criminal record – if they have a history of physical assault, violence or firearm possession and offence. To ensure an accuser’s release, a bail hearing lawyer must present to Court a strong and effective plan of release with surety that the accuser presents no safety risks.
The tertiary ground refers to public confidence in the administration of justice – to ensure the legitimacy of the Canadian justice system. Oftentimes, even when there is no risk to public safety, the Court may find that public confidence will be undermined – for instance, in a murder charge, the court can decide that releasing an accuser would undermine public confidence in the administration of justice. This ground is not always invoked in Court.
The Conditions the Court Applies on People Released on Bail
When the Court grants bail to an accuser, they can still face some restrictions that the Justice of the Peace may label as reasonable and necessary. Some restrictions include curfews, house arrest, travel restrictions (where accusers must deposit their passports and remain within the province of Ontario), and no communication with complainants or accusers having to live at a specific location.
Some of these restrictions can make the bail time difficult and stressful for accusers who have important errands to run or suffer from certain health conditions like depression or anxiety – which would make it very hard for them to stay isolated and locked up in a house arrest.
How Fedoronwicz Law Assists People on How to Get Bail for Their Criminal Charges in Toronto
At Fedorowicz Law, we assist people who are accused of criminal offences, and a bail hearing is available for any criminal offence. However, it is more difficult to obtain bail for certain offences that are treated more seriously by the courts and Crown attorney, such as those involving criminal organizations and firearms.
An experienced criminal defence lawyer can increase your chances of securing your release or that of a family member or friend. You can trust that our Fedorowicz Law bail hearing Toronto lawyers are here to help you with all of your questions and concerns about your bail hearing process.
If you have any doubts, don’t delay. Call 249-266-4222 for an immediate free consultation today!
What is a Bail Hearing?
A bail hearing is a hearing held in criminal court to determine whether or not to release a defendant on bail. The hearing is usually held after the defendant has been charged with a crime and has made an initial appearance in court.
Why is a bail hearing so important?
A bail hearing is an important part of the criminal justice process because it allows a defendant to be released from custody while awaiting trial. The purpose of a bail hearing is to determine whether or not the defendant is a flight risk and whether or not they pose a danger to the community.
How much experience does Richard Fedorowicz have in conducting bail hearings?
Richard has successfully defended individuals in court for 20 years. He worked in all levels of criminal cases, including bail hearings. As a result, Richard has the experience to navigate the court system and get the best outcome for his clients.
What determines my chances of success at a criminal bail hearing?
The chances for success at a criminal bail hearing largely depend on the severity of the charges and the defendant’s criminal history. In general, prosecutors will argue that defendants charged with more serious offences should remain in custody until their trial, while defence attorneys will try to argue that their clients should be released on bail pending their trial.
Can the conditions of a bail hearing change?
Bail conditions can change in a variety of ways. One efficient method is for the accuser’s bail hearing lawyer to negotiate the conditions with the Crown – or ease such conditions over time. An experienced bail hearing lawyer can seek consent from the Crown and present the Court with a paper application that the Justice of the Peace will sign off.