If your friend or family member has been arrested and detained in Ontario, you can help them get released on bail as soon as possible by contacting criminal defence lawyer Kaley Hepburn.

What is Bail? 

Bail is the release of a person charged with a criminal offence on the condition that they will attend their trial. If the police do not release the accused after arrest, they must apply for bail. Our experienced criminal lawyers represent individuals charged with a crime who require a bail hearing in various areas throughout Ontario, such as Milton, Hamilton, Brampton, Guelph, and Niagara Region.

An accused person is put before a bail court the morning after arrest. A competent criminal lawyer can negotiate with the Crown to increase the probability of obtaining a "consent release" and favorable bail conditions. When the prosecution doesn't allow a consent release, a court must decide whether to detain the accused pending trial, resulting in a "bail hearing" or "show cause hearing."

It is essential to get expert advice early when preparing a solid bail plan. Rushing into a bail hearing without a robust bail plan can lead to a detention order and excessive time and expense spent in custody while the ruling is appealed. At a bail hearing, a judge determines if the individual should be released or held in custody. These hearings are known as “show cause” or ‘judicial interim release’ hearings.

What is a Surety?

A surety is a person who agrees to take responsibility for an accused person released on bail. Acting as surety is a serious obligation. This job includes ensuring that the accused appears in court at the appointed time and abides by the release conditions, reporting any bail order breaches to the police and ensuring compliance. If you are a close relative or friend with no record of any criminal activity, you can serve as a surety for the accused. Accepting a fee or being paid back in return for acting as a surety is a criminal offence.  

Can a Judge Refuse Bail in Canada?

Section 11(e) of the Canadian Charter of Rights and Freedoms grants the accused person the reasonable right not to be denied bail without justification. However, if the accused faces a severe charge such as murder, they must prove they should be released. The judge could deny bail if the accused has failed to appear in court in the past or has violated bail conditions. In other cases, the judge must grant bail unless Crown Attorney satisfies the court in proving the following:

• There is a likelihood of the accused failing to attend court.
• Public's safety, including the victim and witnesses.
• Confidence in the judicial system unless detention is necessary.

Do You Need a Lawyer for Bail Hearing in Canada?

It is essential to have a qualified lawyer to represent you as they are familiar with bail conditions and rules and can provide assistance if facts or evidence raises concerns. At a bail hearing, a judge should release the accused on the least restrictive conditions possible, such as a mere promise to attend court. The court imposes other conditions only if the Crown Attorney proves the accused is unfit for unconditional release.

The other conditions a judge could impose on bail include presenting a surety or paying pledges to ensure attendance in court, no alcohol or drugs, no possession of firearms, or reporting to the police regularly. If the accused breaches these conditions, a warrant could be issued, and they could be detained for committing an indictable offence.

Can the Court Adjourn Bail Hearing in Canada?

With the agreement of both parties, the court could adjourn the hearing to another date. However, if the Crown Attorney is the only one requesting the adjournment, the hearing can only be postponed for three days.

Can You Appeal a Bail Order in Canada?

Yes, both Crown Attorney and defence have the right to appeal to the Ontario Court to review the bail order. It may take some time to obtain transcripts of the initial hearing. Thus, submitting a comprehensive release plan at the initial hearing is crucial.

In summary, secure a qualified criminal defence lawyer to represent you during a bail hearing to ensure a sound outcome. The lawyer can help prepare a strong release plan and keep you informed about crucial decisions and processes in the proceedings.

 

Facing Criminal Charges?

If you are facing criminal charges, Kaley Hepburn, an experienced criminal lawyer, will vigorously defend you. With a proven track record of representing individuals charged with criminal offenses across southern Ontario, including Hamilton, Burlington, Brantford, Oakville, Ancaster, and Stoney Creek, Kaley Hepburn is well-equipped to handle your case.

The consequences of a criminal record can be significant and long-lasting. Contact us today to discuss your situation.