Toronto Criminal Lawyers Specializing in Bail Hearings
A bail hearing is a very critical juncture in the criminal trial process. If you or someone you know is charged with a criminal offence, you should retain private counsel to act at the bail hearing. At the law firm of Kostman & Pyzer we have extensive experience conducting bail hearings and bail reviews.
We can get you out of custody fast and with the least restrictive bail!
Experienced Bail Hearing Lawyer
Why retain a lawyer from Kostman & Pyzer as your Toronto Bail Hearing Lawyer?
- High Quality of Attention: We provide a high quality of attention to our clients. This includes coming up with proposed sureties and other witnesses that is hard for a competent duty counsel to provide due to the volume of individuals that duty counsel must represent.
- Least Restrictive Bail: It is not only the issue of bail versus detention which is at stake. It is the nature of the restrictive conditions that the court orders upon release. The quality of life on bail can be dramatically different from one bail regime to the next. The relief of being out of jail and on house arrest eventually turns to frustration when months later the individual is still unable to leave their home except for court appearances, medical emergencies and visits to their lawyer’s office.
- Strongest Bail Application Is Put Before the Court: It is essential that a person charged with a criminal offence puts his strongest bail application before the Court even if it means waiting a number of days for potential sureties to make themselves available. Once a person has been detained in custody after a bail hearing, it is often an uphill battle to obtain a release. On appeal, an applicant must show a significant change in circumstances or that the judge who heard the original bail application made an error in law. Once you’re free on bail, we can challenge and defend the case against you without the added strain of pretrial custody.
- Consequences of Being Denied Bail: If denied bail an individual may feel pressured to resolve the proceedings rather than wait months or even years for their trial. In many cases, individuals who are incarcerated without bail, plead guilty to offences rather than wait months for trial. Facing similar allegations, their co-accused, who are out of custody, may be acquitted after trial. A person charged with a “domestic assault” who does not get bail because of the alleged threat they pose to a complainant, often finds themselves with the difficult choice to contest the allegations and wait in custody for trial for months or plead guilty and win their freedom immediately.
Factors the Court Takes into Account for a Bail Hearing:
1. Attendance at trial: Will some form of bail (monetary guarantee and conditions) ensure that the defendant will attend at his trial and not leave the jurisdiction or “lay low” to avoid justice?
2. Is detention necessary to prevent a repetition of the offence or to protect the Public or a specific complainant?
3. Is detention necessary in the public interest, or will the release of the applicant undermine public confidence in the administration of justice?