The Firearm Bail Hearing

May 3, 2021

While the right to be released on bail applies to all criminal charges (meaning no offence, no matter how serious, is excluded), the practical reality is that being released on bail is much more difficult when you are facing firearm related charges.

The reason is that governments have placed a particular focus on the policing and prosecutions of persons charged these offences. Millions of dollars has been spent. Specialized units of police officers and Crown attorneys have been created to investigate and prosecutes gun related crime. In Toronto, for example, the Integrated Gun and Gang Task Force is responsible for investigating gun and gang related activity. The Guns and Gangs Unit, an expert unit of Crown attorneys, will often times be responsible for the prosecution.

When it comes to bail, in Toronto, Brampton or York Region, a group of prosecutors called the “Intensive Bail Support Team” (commonly referred to as the “Firearms Bail Team”) was formed in 2018, whose sole purpose is to keep those accused of gun offences from being released on bail.

 

top of police car with lights flashing

 

At the hearing itself, the Crown attorney will be armed with statistics as to the prevalence of gun related crime, and, (I promise you) prepared with questions to undermine both your surety and the plan of release. As a result, versus the brief nature of the typical bail hearing, gun bail hearing having become min-trials, requiring the scheduling of “special bail hearing”.

How do you combat this reality? The answer is simple: Be Prepared!

See my article: 5 Keys to a Successful Bail Hearing

In order to give yourself the best chance at being release on bail when facing firearm related offence, we must be as prepared, if not more, than the Crown attorney.

An experienced firearm bail lawyer should:

  • Take time preparing the sureties to testify and answer the questions from court and prosecutor.
  • Collect any information that will be presented for your benefit. For example, letters confirming employment or schooling.
  • Spend time thinking about the proposed conditions of release. For example, your gun bail lawyer should assist you in deciding whether electronic monitoring should be proposed?
  • Make sure the plan of release addresses the concerns of the court and can withstand any attack by the Crown attorney. Put more plainly, make sure the plan is airtight.

While the task of obtaining bail when facing firearm charges is more challenging, that challenge can be met by having a strong, experienced advocate on your side, who will fight for your right to be released on bail as soon as possible.

HERE TO HELP

If you would like to meet with me to discuss your case or any legal problems that you are facing, please contact me to set up a free consultation.
Call 249-266-4222 for an immediate free consultation.


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A surety is someone approved by the court to supervise an accused in the community pending the resolution of their criminal charges.

5 Keys to a Successful Bail Hearing

Be prepared, plan and know the plan of release, ask questions before the hearing, tips surety while testifying testimony, and don't rush!

The Firearm Bail Hearing

While the right to be released on bail applies to all criminal charges (meaning no offence, no matter how serious, is excluded), the practical reality is that being released on bail is much more difficult when you are facing firearm related charges.

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Richard Fedorowicz is a Criminal Lawyer Serving Toronto, Brampton, Newmarket, Hamilton, and Oshawa