September 13, 2024
When charged with a criminal offence in Ontario, the police decide whether to release the person on a “promise to appear” or hold them for a bail hearing, also known as “judicial interim release.”
Whether someone is released or held for bail depends on several factors, including the gravity of the offence(s), previous criminal record (if any), and whether the individual has any outstanding charges.
Bail is a process within the Canadian legal system that determines whether an individual charged with a criminal offence will remain detained in custody or be temporarily released while awaiting trial. An accused person goes into custody and must remain there until appearing in Court for their bail hearing. If released on bail, the accused must comply with specific conditions until the end of the trial. The nature of the conditions and requirements will vary, depending on the background of the accused and the nature and seriousness of the allegations.
The Criminal Code states you are entitled to a bail hearing within 24 hours of arrest or “as soon as possible” if justice is not immediately available. According to the Canadian Charter of Rights and Freedom, any person charged with an offence has the right not to be denied bail without just cause.
At the bail hearing, the Crown prosecutor presents the Court with the allegations, sometimes calling a witness to provide testimony. A defence lawyer then makes submissions as to why his client’s detention is unjustified. In other words, this states why the accused should be released on bail on the least restrictive conditions.
Depending on the nature of the offence and the accused’s previous criminal history, the Court will decide if the defendant should be granted bail. The judge has the decision-making authority. A denial of bail means the accused must remain in custody until the date of trial.
In most cases, someone charged with a criminal offence has one opportunity at a bail hearing, making it crucial to have an experienced bail hearing lawyer by your side. Depending on the case, the difference between being released and remaining in custody can be in the details of a case.
A bail hearing lawyer will carefully review all details of your case to get a comprehensive picture of the charges. He will then prepare a defence strategy based on evidence and supporting documentation, explaining why the accused should be released on bail on the least restrictive bail conditions.
Supporting documentation is critical for the success of a bail hearing. The defence lawyer will gather any documents that can be used to showcase your character positively to sway the judge in their favour.
These documents include character references to prove you are an upstanding citizen who should not be unnecessarily detained. Other documents are proof of employment, such as a letter from your employer and pay stubs, as well as housing information, such as proof of residence, rent, or mortgage, to show you have a stable income and housing.
Community ties, such as involvement in the community or being part of support networks, are further factors taken into consideration when determining the outcome of the bail hearing.
The bail hearing lawyer collects and organizes all relevant documents and presents them to the Court during the bail hearing as part of the defence strategy.
Like the documentation, preparing a surety (the person who comes to court and promises to supervise an accused person while they are out on bail) to testify is crucial to ensure it aligns with legal advice. The Crown prosecutor will submit their reasoning for why you should be held in custody until the trial, so your surety, through their testimony, must be able to counter this. The surety is your best opportunity to provide insight into your personal circumstances, character, and ties to the community, as well as the plan of release.
The judge will consider a few key factors when determining the outcome of your bail hearing. Your personal history is vital to this, which can either support or weaken your chances of being granted bail. Elements like a clean criminal record, steady employment and housing, or active involvement in a family or community can be critical factors in persuading the judge that there is no substantial likelihood that that you will reoffend or breach a term of bail if released from custody.
During the bail hearing, the judge will weigh various factors to assess the risk associated with your release. They include the nature and severity of the charges against you, whether you pose a danger to the public, and how likely you will appear for future court dates. This is where the connections mentioned above to the community, stable employment and housing come into play, which can prove you are anchored locally and are unlikely to flee.
The severity and nature of your charges are one of the most significant factors in the judge’s decision. If you are charged with a serious offence, especially involving violence or considerable harm to others, the judge may be reluctant to grant bail. However, bail is a constitutional right, no matter the seriousness of the allegation. And there is nothing more important than a well-prepared surety in terms of successfully securing your release from custody, which is especially true when the charges are serious.
Your bail hearing lawyer will ensure that your surety is well prepared and testifies with confidence. Anticipating questions that will be posed by the Crown and addressing areas of concerns by the court. In this way, a person facing criminal allegations will be in the best position to secure bail at the earliest opportunity, on the least restrictive conditions.
A bail hearing can be a stressful experience, but knowing what to expect will help you feel more prepared and confident.
The courtroom is formal, with the judge overseeing the proceedings and the Crown prosecutor and your bail hearing lawyer representing both sides. The Crown prosecutor will present reasons why you should not be granted bail, which may include arguments about the seriousness of the charges, concerns about public safety or the likelihood you may not appear for future court dates. He or she will likely question your character, history, and the circumstances of your case and use evidence and legal arguments to convince the judge to deny bail or impose strict bail conditions.
Your criminal defence lawyer will advocate for you in the courtroom and present your case in the best possible light in front of the judge. He or she will argue why you are a good candidate for bail and highlight factors like your personal history, community ties, and commitment to follow any bail conditions the judge may impose.
During the bail hearing, your lawyer may call witnesses to testify. Your lawyer will coordinate the witnesses’ participation and ensure they are prepared for questioning by the Crown prosecutor.
The bail hearing will begin with opening statements by the Crown prosecutor and defence lawyer, outlining the reasons for denying bail and favouring release, respectively. This is followed by the presentation of evidence and potential witnesses from both sides to support their arguments.
If either side calls witnesses, the other side can cross-examine them, questioning their credibility or pointing out inconsistencies. This is why preparing witnesses for the bail hearing is critical.
After both sides have presented their arguments, the judge will deliberate and decide whether to grant bail. If bail is granted, the judge will outline any conditions you must strictly follow until the next court date.
A bail hearing can result in either being granted or denied bail. If bail is denied, you will return to custody and remain there until the next court date.
If the judge grants bail, it could be a conditional release, meaning he or she will impose bail conditions you must follow until the next court date or no conditions may be set.
The judge will likely set conditions attached to your release to ensure you comply with the legal process and do not pose a risk to the public. Common bail conditions include:
If your bail hearing lawyer determines that the outcome of the bail hearing was unjust, he or she might be able to request a bail review, which is similar to an appeal, to either get the decision overturned or adjustments to your bail conditions.
If you or someone you know is expecting a bail hearing while awaiting a trial, speaking with an experienced bail hearing lawyer at Fedorowicz Law is vital to address any concerns you may have.
With over 20 years of experience in bail hearings, client preparation and legal consultation, Richard Fedorowicz has a proven track record of successful bail hearings. He will be able to answer any of your bail hearing critical questions and concerns. Call 249-266-4222 today to find out how we can help you with your bail hearing.
What is a bail hearing?
A bail hearing is held in criminal court to determine whether or not to release a defendant on bail. The hearing usually happens after the defendant has been charged with a crime and has made an initial appearance in court.
How long can a bail hearing take?
In Canada, bail hearings must occur within 24 hours after arrest. The duration of a hearing depends on the gravity of each case.
How much does a bail hearing cost?
A bail hearing is free of charge in the province of Ontario.
What conditions will be imposed by the court?
The type of bail conditions will primarily depend on the nature and seriousness of the allegations, and whether the accused has a criminal record or has any other outstanding charges. For example, if the allegation involves alcohol consumption, the court may impose a condition that the accused not consume alcohol. In the end, an experienced bail hearing lawyer should ensure that the accused is not only released as soon as possible, but also on the least restrictive terms possible.
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. This experience and his extensive knowledge of the law and legislation will ensure the right strategy is employed for your specific case.