Bail Hearing Lawyer in Toronto

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 instead of having to wait for your court date in prison.

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.

Get A Free Consultation

Contact our seasoned team today to arrange a confidential consultation.

Call Now:
249-266-4222

    Associations & Memberships

    seprator-white

    Our Recent Successful Bail Hearing Cases

    seprator-white

    R. V. A.K

    Case Details: (Newmarket) Guns and Gangs prosecution “Project Platinum.” The client was charged with firearm trafficking and conspiracy to commit an indictable offence.

    Result: Bail Granted.

    R. V. K.A.

    Case Details: (Toronto) Client charged with Criminal Organization offences and Trafficking in Cocaine as part of “Project Sunder”.

    Result: Bail Granted.

    R. N.S.

    Case Details: (Toronto) Police locate a large quantity of cocaine at the residence after the execution of a search warrant. Charges include possession of cocaine for the purpose of trafficking.

    Result: Bail Granted.

    R. v. V.E.

    Case Details: (Toronto) Charged as part of “Project Sunder” with serious offences of possession of a firearm, discharge of a firearm, firearm trafficking, and conspiracy to commit an indictable offence.

    Result: Bail Granted.

    R. v. M.L.

    Case Details: (Sudbury) Client facing charges related to the seizure of fentanyl, cocaine and a large amount of cash after execution of a search warrant.

    Result: Bail Granted.

    R. v. D.D.

    Case Details: (Brampton) Police locate a firearm after a traffic stop. The client is facing various offences, including possession of a restricted firearm, possession prohibited device and carrying a concealed weapon.

    Result: Bail Granted.

    bail hearing lawyer

    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.

    Schedule A Legal Consultation With Fedorowicz Law

    Contact us today to schedule a confidential legal consultation and discover how Mr. Fedorowicz can provide you with expert legal representation.

    bail hearing defence

    The Importance Of A Bail Hearing In A Successful Defence

    Being released on bail can have many advantages for your case, such as:

    • Maintaining employment, education, family, and social ties while awaiting trial.
    • Avoiding the harsh and overcrowded conditions of jail.
    • Easier communication with your lawyer.
    • Avoiding being pressured into pleading guilty or accepting an unfavourable plea deal.
    • Preserving your presumption of innocence and avoid being stigmatized by society.

    Being denied bail or having unreasonable bail conditions can have many disadvantages for your case, such as:

    • Loss of job, income, housing, education, family support, etc.
    • Increased stress, anxiety, depression, isolation, violence, or illness in jail.
    • Limited access to your lawyer and difficulties in obtaining and reviewing evidence, contacting witnesses, or conducting investigations.
    • Reduced credibility and sympathy with the court and the jury.
    • Potentially longer sentence if convicted, as time spent in pre-trial custody may not be fully credited.
    how to get bail

    How To Get Bail For Criminal Cases In Toronto

    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
    bail conditions

    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
    fedorowicz law bail hearing lawyer

    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.

    Client Testimonials

    seprator-white

    Recent Blogs

    seprator-black

    December 19, 2024

    Securing bail during weekends or emergency situations presents unique challenges that differ significantly from standard court proceedings. With time sensitivity and heightened legal complexity, these scenarios require swift and strategic action to protect your rights without undue delays. Facing criminal charges can put tremendous stress on the accused and their families, making the need for… Continue reading Role of a Bail Lawyer During Weekend or Emergency Bail Hearings

    Read More

    November 27, 2024

    Bail hearings for repeat offenders present unique legal challenges. In Canada, the court system weighs the presumption of innocence against public safety concerns, and the stakes are often higher for repeat offenders. In this blog, we will guide you through the legal complexities of bail hearings for individuals with prior convictions, covering which factors courts… Continue reading Bail Hearings for Repeat Offenders: What to Expect?

    Read More

    November 13, 2024

    Bail is a fundamental aspect of Ontario’s legal system. It ensures that individuals accused of a crime can await trial without being detained. Bail conditions vary significantly based on the severity of the offence, which is classified into summary and indictable offences. This blog will provide an overview of the Ontario bail system, examining how… Continue reading Understanding Bail Conditions for Summary and Indictable Offences in Ontario

    Read More

    Need A Strong Criminal Defence Lawyer? Get In Touch With Fedorowicz Criminal Law Today

    Richard Fedorowicz is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.

    Contact Us

    Get A Free Consultation

    Contact our seasoned team today to arrange a confidential consultation.

    Call Now:
    249-266-4222