The bail hearing is one of the most crucial steps in the Canadian criminal system, a step that decides whether you will be free until your court date or have to remain in custody. This underlines the importance of choosing the right bail lawyer to increase your chances of being released at the earliest opportunity.
You need a lawyer with experience in bail hearings, someone who can negotiate and fight for your rights and get you released from jail. With over 20 years of experience handling bail hearings for all types of criminal charges, Fedorowicz Law brings both the reputation and expertise in successful bail hearings.
Understanding Bail and Bail Hearings
The principle of bail is anchored in section 11(e) of the Canadian Charter of Rights and Freedoms, which states:
11(e). Any person charged with an offence has the right…not to be denied reasonable bail without just cause
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; or
- 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
An experienced bail lawyer can help you prepare for your bail hearing, review the details of the charges brought against you, argue your case, and explain why you should be released until your trial date. They will guide you through the process with their deep knowledge of the law and the Ontario legal system.
Qualities of a Good Bail Lawyer
When trying to find the right bail lawyer, there are a few qualities and attributes you should be looking for, such as experience, success rate and communication skills.
Look for a lawyer with many years in practice and extensive experience with bail hearings. Another significant factor is his or her success rate, so try to find information on past cases and their outcomes.
The lawyer’s communication skills are among the most critical factors. He or she should communicate clearly and be responsive to any questions or concerns you may have. Every detail can be vital in a bail hearing, and miscommunication or misunderstandings can severely impact the outcome.
Check references, such as client testimonials, for first-hand feedback from previous clients. These testimonials and reviews can give you a better understanding of the lawyer’s professional reputation and client relations.
Questions to Ask Potential Bail Lawyers
When consulting with potential bail lawyers, you should ask a few essential questions to help you gather the necessary information to make an informed decision. Your initial consultation is a critical part of evaluating a potential bail lawyer. During your initial meeting, you can ask questions and get a feel for the lawyer’s communication.
Here is a list of essential questions to ask during your initial consultation:
Lawyer Qualifications
- What are your credentials and certifications?
- How many years of experience do you have in handling bail cases?
- Have you handled cases similar to mine? If so, what were the outcomes?
- Are you familiar with the judges and prosecutors in this jurisdiction?
Case Strategy
- What is your approach to handling bail cases?
- How would you plan to secure my bail?
- What factors could influence the success of my bail application?
- How do you typically negotiate bail conditions and amounts?
- What are the potential risks and challenges in my case?
Consultation
- What should I expect during this initial consultation?
- How often will we communicate about the progress of my case?
- Who will be my main point of contact throughout the process?
- How quickly can you begin working on my case?
Fees
- What is your fee structure?
- Are there any upfront costs I should be aware of?
- Do you offer payment plans or flexible payment options?
- Will there be additional costs if the case becomes more complex?
- Can you provide a written estimate of the total cost?
Importance of Local Expertise
Local expertise is crucial when choosing a bail lawyer in Toronto. Every jurisdiction has its own set of procedures, including for example, Brampton or Newmarket. A lawyer with local expertise will be familiar with the different procedures and protocols, which can help avoid potential errors.
Knowledge of the Toronto courts can also be highly beneficial, as your lawyer will know how cases are usually handled or any unwritten rules that could influence the outcome of a case.
He or she is also likely to have built relationships with judges and prosecutors, knowing how they work, how they may react to specific arguments or how to negotiate more favourable conditions with them.
This also works the other way around, as a local lawyer well-known and respected within the Toronto legal community can also leverage his or her reputation to your advantage. Judges and prosecutors may be more receptive to arguments from a lawyer they know.
Making the Final Decision
The final decision on a bail lawyer is the critical step that can heavily influence the outcome of your bail hearing. Use the information you’ve gathered from researching and speaking to the lawyer.
Review the qualifications, experience, and success rate of each lawyer, including their familiarity with local court procedures and whether they have handled cases similar to yours. Also, consider which strategies the lawyers propose and if they seem proactive and confident in their approach. They should be able to lay out a clear and well-crafted strategy that matches your expectations.
Compare the fee structures that were provided during your consultations. Ensure that the costs are transparent and within your budget. Consider whether the lawyer offers payment plans or other flexible payment options. However, remember that the cheapest option does not always get you the best value for money, but the quality of service should be your primary focus.
Another critical point is your comfort level with the lawyer. You must feel comfortable and confident with the lawyer, so gauge how well you connected during the consultation. Did they listen to your concerns and explain things clearly? Do you feel they fully understand you and your situation? Effective and clear communication and a good personal rapport can make a significant difference throughout the process.
Once you’ve selected a lawyer, carefully review the agreement outlining the terms, ensuring it includes all agreed-upon terms, such as fees, payment schedules, and the scope of work. If anything is unclear, don’t hesitate to ask for clarification. Once this agreement is signed, you must be ready to collaborate fully with your lawyer, providing him or her with all necessary information and being available for consultations and court appearances as required.
Ultimately, while basing your decision on logical criteria is essential, don’t ignore your gut feelings. If you feel confident and comfortable with the lawyer you’ve chosen, that is a good sign that you are making the right decision. If you are able to form a good connection, it will make it easier for the lawyer to support you throughout the case and potentially beyond.
Speak With a Competent Bail Hearing Lawyer
If you have been charged with a criminal offence and are waiting for your bail hearing, contact the experienced bail hearing lawyers of Fedorowicz Law today for legal advice. Richard Fedorowicz has over 20 years of experience in criminal defence and a proven track record of success. He will fully assess any elements of a criminal case that could help the most effective defence for each of his Greater Toronto Area clients.
Call Fedorowicz Law today at 249-266-4222 or fill out our convenient online form to learn how we can help you with your criminal defence in Toronto!