Bail hearings are an integral part of the Canadian justice system and can significantly impact your immediate future. A bail hearing will decide whether you will have to remain in custody until your court date or if you are granted a temporary release, so its importance cannot be understated.
In this blog, we will take a close look at the most common mistakes when seeking bail in Toronto and how to avoid them.
The Concept of Bail Hearings
Preparation is one of the cornerstones of a successful bail hearing. By law, anybody accused of a crime must appear before a judge or justice of the peace for a bail hearing within 24 hours of their arrest or, if that is not possible, as soon as reasonably possible thereafter.
Section 11(e) of the Canadian Charter of Rights and Freedom states that “any person charged with an offence has the right not to be denied reasonable bail without just cause.”
The accused may be released on a “promise to appear,” often with certain bail conditions imposed.
The determination of whether an accused should be released depends on a series of factors, such as the type and severity of the crime, a potential criminal record, the flight risk, the risk to re-offend and maintaining confidence in the administration of justice.
The Crown attorney must show cause why the accused should not be released on bail, and the judge or justice of the peace will determine whether the accused should be released and if and which conditions should be imposed on them if they are released.
It is critical to abide by every one of these conditions 100%, as breaking your bail conditions could mean a revocation of the bail and potentially additional charges being laid.
Poor Preparation
Preparation for a bail hearing is critical. You must have a full understanding of all charges, your legal rights, the bail process and the potential consequences of being denied bail. This is one reason why seeking legal counsel as soon as possible is crucial.
An experienced criminal lawyer can help you fully understand your legal rights and the nature of the charges. He or she can also ensure that all required documentation, such as character references or evidence of ties to your community, is collected and put together an organized defence strategy.
What is critical to note is that this bail hearing is your one chance at avoiding detention until your court date.
Insufficient Knowledge
Lacking knowledge of the legal system and bail hearing process can severely impact your chances of making bail. For example, misrepresenting the facts of your case can affect the judge’s decision.
While it is the Crown attorney’s responsibility to show cause why you should be denied bail, it is critical to understand the law and process to counter any claims made by the Crown.
Misunderstanding Bail Conditions
Not correctly understanding and misinterpreting bail conditions can lead to disastrous consequences. Violating any bail conditions, such as travel restrictions, no-contact orders, or check-in requirements, may lead to a revocation of your bail and you being detained until your court date.
Misinterpretation of Legal Provisions
Laws can be very complex, and often, a thorough understanding is required to properly interpret legal provisions to argue a case. Misinterpreting these provisions may lead to unrealistic expectations, which may cause you to make wrong decisions.
Lack of Legal Counsel
Having an experienced criminal defence lawyer by your side can significantly increase your chances of making bail. A bail hearing is your best opportunity at being released from custody until your court date, and a lawyer can thoroughly evaluate the charges brought against you and prepare a robust defence strategy.
Arguing your case and negotiating more favourable bail terms effectively is critical.
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!