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Bail Hearing Lawyer Toronto | Pyzer Criminal Law, Toronto, ON

Toronto’s Trusted Bail Hearing Lawyers

What should you expect at a bail hearing? When someone is accused of committing a criminal offence and is arrested by the police, they may be released at the scene of their arrest, from the police station, or held for a bail hearing.

A bail hearing, often called a “show cause hearing”, is a very critical juncture for an accused person in the criminal trial process.

Bail Hearing Lawyers In Toronto

A bail hearing is comparable to a short trial, but instead of establishing the innocence or guilt of the accused, whether an accused should be released from custody or detained is determined.

If you or someone you know is charged with criminal offences, including theft & fraud, robbery, domestic assault, sexual assault, weapons offences, drug offences or murder, it is in the accused’s best interest to have skilled criminal defence counsel act at the bail hearing.

At the law firm of Pyzer Criminal Lawyers we have extensive experience and an excellent record of success conducting bail hearings and bail reviews for our clients.

Read our Bail Hearing Case Summaries to see how we’ve helped our clients to achieve release and on the least restrictive bail conditions possible.

It is in Your Best Interest to Hire an Experienced Bail Hearing Lawyer!
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Why Retain Pyzer Criminal Lawyers as your Toronto Bail Hearing Lawyer?

High Quality of Attention:

We provide a high quality of attention to all of our clients.

This includes coming up with a strong bail plan to best ensure that the accused will be released, preparing sureties and even additional witnesses for the bail hearing, should they be required.

Least Restrictive Bail:

At a bail hearing, it is not only the matter of bail versus detention which is at stake, it is the accused’s bail conditions at stake as well.
Acquiring the least restrictive bail conditions is of the utmost importance to the accused.

The quality of life on bail can be dramatically diminished should the bail regime be unnecessarily onerous.

Strict bail conditions, such as a court-enforced curfew, house arrest, restricted usage of the phone or electronic devices can be extremely challenging for the accused while they are released on bail, awaiting trial, for months or even years.

At Pyzer Criminal Lawyers our experienced bail hearing lawyers can best ensure that the accused is released and on the least restrictive conditions possible, allowing them the most freedom.

Strongest Bail Application Is Put Before the Court:

In order to best ensure that an accused is released from custody after their bail hearing and on the least restrictive conditions possible, it is essential that the defence lawyer put forth their strongest bail application at their bail hearing.

 

Bail Application

 

At Pyzer Criminal Lawyers, Barrister our bail hearing lawyers ensure that the accused is putting forth their strongest possible bail application, by diligently preparing the best possible bail plan and aggressively advocating for the accused’s release from custody.

What Are the Consequences of Being Denied Bail In an Ontario Court?

The consequences of being denied bail are serious for the accused and they family.

The conditions of pre-trial custody are infamously bad for people facing criminal offence charges who are detained in custody after their bail hearing.

Remand centres, where accused are held pending a resolution to their criminal offence charges, are often overcrowded and understaffed, causing exceptionally poor quality of life for the detainee in custody.

Due to the poor quality of life in custody, accused individuals may feel pressured to resolve their criminal offence charges prematurely, rather than wait months or even years for their trial.

Consequences of a Denied Bail

 

In many cases, individuals who are incarcerated without bail, end up making the choice to prematurely plead guilty to criminal offences, rather than wait in custody for months on end for their trial.

Being compelled to plead guilty as a result of being detained in custody rather than released on bail is typically not in the accused’s best interest.

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The decision to plead guilty is a very serious one, with very serious consequences and should be made based upon the strength of the case against the accused.

For example, a person charged with a “domestic assault” and/or other purportedly violent offences, who does not get bail because of the alleged threat they pose to a complainant, can find themselves with the difficult choice to fight the allegations and wait in custody for trial or plead guilty and be released from custody immediately.

Timing: When Will a Bail Hearing Take Place?

In Canada, if an accused is detained in custody by the police, they must be brought before an Ontario Court of Justice provincial court judge or a justice of the peace without unreasonable delay.

Once an accused is detained, the Criminal Code provisions regarding bail are engaged.

Section 503 of the Criminal Code defines what “unreasonable delay” means in the context of bail.

Section 503 (1) (a) of the Criminal Code states: that where a justice is available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period, and;

Section 503(1)(b) states: where a justice is not available within a period of twenty-four hours after the person has been arrested by or delivered to the peace officer, the person shall be taken before a justice as soon as possible, unless, at any time before the expiration of the time prescribed in paragraph (a) or (b) for taking the person before a justice,

Once an accused is taken before the court for the purpose of a bail hearing it may be adjourned by the defence, the Crown attorney, or the Court.

If the defence does not consent to the adjournment, the bail hearing can only be adjourned for a maximum of three days.

If Denied Bail Will an Accused Have a Second Bail Hearing In Ontario?

After being denied bail at their bail hearing, the accused will only be released should their charges resolve by way of a guilty plea, a withdrawal of their charges by the Crown Attorney’s Office, after trial or after a bail review.

An accused is not simply allowed a second bail hearing after being detained at their first bail hearing.

The only way an accused will be allowed a second bail hear is by conducting a bail review.

A bail review is an appeal in Superior Court.

At their bail review the accused’s criminal defence counsel must either:

  1. Show a significant change in circumstances for the accused that conveys a stronger bail plan; or,
  2. That the judge or justice of the peace who heard the original bail application made an error in law.

 

Similar to a bail hearing, a bail review in Superior Court is like a mini trial, where the original bail application is reviewed and the release of the accused is either granted or denied.

Pyzer Criminal Lawyers have a strong record of success conducting bail reviews and will work with the accused in custody and their family and/or friends to come up with a successful bail review strategy.

What is Surety?

 

A surety is someone who agrees to take responsibility for the accused who is released on bail. A surety can be a friend, family member or partner of the accused who is willing to sign bail for the accused so that the accused may be released from custody.

The Surety is asked to pledge or sign an amount of money. The money is required so that the surety takes their responsibility seriously. They are responsible to supervise the accused make sure that they comply with the conditions of their bail.

If the accused does not follow the conditions of their bail it is the surety’s job to contact the police or the office of the Justice of the Peace to have the bail pulled. If the surety fails to report a breach of bail conditions by the accused they could potentially lose the amount of money they signed the bail for.

The surety must not have a criminal record, must be at least 21 years old, must be employed or retired, not be an employee of the accused, must be a Canadian citizen or a landed immigrant, demonstrate that they are good for the amount of money required for the bail.
The judge/justice may use their discretion, these requirements are not absolute.

What are the Responsibilities of a Surety?

 

A surety is responsible for making sure the accused appears in court on time and on the right dates; and making sure that the accused obeys each condition of their bail.

Should an individual be accepted as a surety by the Court, they must sign the bail of the accused.

This means that the surety is agreeing to pay a specified amount of money if the accused person fails to obey the court order.
The amount of money pledged by the surety will vary depending on factors such as the seriousness of the allegations the accused is facing and the accused’s criminal record.

The surety does not typically have to submit this money to the court to secure the release of the accused, however, the surety often must be able to demonstrate that they have assets in the amount that the Court requires the surety to pledge for the bail.

While it is uncommon, it is possible that the court will come after the amount of money that the surety has pledged for the accused’s bail, in the event that the accused breaches the bail.

The qualifications of a surety will vary depending on the allegations the accused is facing.

The court will look at the proposed sureties’ finances, personal character and background. The surety may have to give evidence in court and be cross-examined about their qualifications.

At Pyzer Criminal Lawyers one of our experienced bail hearing lawyers will assist the surety in preparing for cross-examination and what to expect both at the bail hearing and once the accused is released from custody.

What Happens if You Retain Pyzer Criminal Lawyers to Act For a Detained Individual at Their Bail Hearing?

 

Pyzer Criminal Lawyers will aggressively act for our clients in custody at their bail hearing to best ensure that they will be released and on the least restrictive conditions possible.

An experienced Pyzer Criminal Lawyers bail lawyer will assist the accused and their friends and/or family in coming up with the strongest possible bail plan to convince the Court that the accused should be released.

If the charges are more serious and the accused has a criminal record, typically a surety will be required.
The bail lawyer will interview the accused and potential sureties and use the information acquired to construct a strong plan of release for the accused that can be presented to the court.

The experienced bail lawyer, will prepare and explain to the the accused, and sureties what to expect at every stage and how to conduct themselves to ensure the best possible outcome.

Consent Bail Hearings:

 

On the day of the bail hearing, the experienced bail lawyer will arrive at bail court and discuss the accused’s bail with the Crown Attorney present in bail court that day.

It is possible for an experienced bail lawyer to convince the Crown in bail court to consent to the release of their client.

If the Crown is convinced by the proposed bail plan to consent to the release of the accused, both the defence and the Crown submit to the Judge or Justice of the Peace that the accused should be released.

 

 

The Judge or Justice of the Peace presiding over the bail hearing will typically go along with the recommendation and release the accused on the agreed upon terms of release.

The Crown and defence lawyer must negotiate the terms of the accused’s release prior to appearing in court, with the defence seeking the least restrictive bail conditions.

Sometimes, in more serious cases the Crown will not consent to the accused release.

Should the Crown refuse to consent, then a contested bail hearing will take place.

At a contested bail hearing the Crown will argue that the accused should be detained. The Crown will present as evidence the allegations against the accused and the accused’s criminal record.

The Pyzer Criminal Lawyers bail hearing lawyer will make submissions arguing for the accused’s release, presenting the strongest possible bail plan to the Court, and will have sureties testify on the accused’s behalf.

The Pyzer Criminal Lawyers bail hearing lawyer will be an accused’s strongest advocate, vigorously arguing for the accused’s release.

Factors the Court Takes into Account for a Bail Hearing In Ontario:

 

Onus at Bail Hearings:

At a contested bail hearings the onus rests on the Crown to show through their submissions that the accused should be detained based upon the primary ground grounds, the secondary grounds, tertiary grounds.

The Justice of the Peace makes his or her decision to release the accused based upon three points:

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Primary grounds: If released, will the accused appear at their subsequent court dates to face their charges or will they attempt to take off? Is the accused a flight risk?

Secondary Grounds:

If released is the accused going to be dangerous? Are they likely to commit further offences, contact the complainant in relation to their charges, or breach the conditions of release imposed by the court?

Tertiary Grounds:

Is there any other “just cause” for detention? What is the apparent strength of the case against the accused?

What is the gravity of the alleged offences the accused is charged with? What is the circumstance of the alleged offences?

What is the potential for lengthy term of imprisonment, or whether a minimum sentence of three plus years is required for the alleged offence?

In cases where the accused is being detained because they breached their bail or probation then a reverse onus bail hearing will occur.

In this case the onus is on the defence to prove that the accused should be released by demonstrating that the accused does not constitute a danger to the public and is not a flight risk and that their release will not offend the administration of justice.

In both Crown onus and reverse onus bail hearings, the defence will present the best plan of release possible, demonstrating that accused can comply with a the proposed plan of release.

What Are an Accused’s Rights in Relation to Bail?

 

Accused in custody pending their trial have a right to a presumption of innocence.

Reasonable bail for the accused is constitutionally guaranteed and a skilled criminal defence lawyers will be able to effectively advocate for this right.

A Pyzer Criminal Lawyers bail lawyer’s will remind the court that the default position for an accused person should be their unconditional release, and further that the accused should be released on the least restrictive conditions unless it is demonstrated by the Crown that it is necessary to deny them bail.

Bail courts should uphold the rights of the accused, forgoing unnecessary detentions, house arrests and otherwise onerous conditions.
A skilled Pyzer Criminal Lawyers bail hearing lawyer will ensure that the rights of the accused are upheld.

Additional information on Bail Hearings in Ontario:

 

When someone is charged with a criminal offence(s) and arrested, they may be released at the scene of their arrest, from the police station, or later at their bail hearing.

If released from the scene of their arrest or the police station they are released using a summons, Appearance Notice, Promise to Appear (with or without an undertaking), or Recognizance of Bail (with or without an undertaking).

Hearings

 

If they are not released they will have to have a bail hearing. Bail hearings occur in a criminal courthouse shortly following the accused’s arrest. At a bail hearing a person’s release is determined. The Judge or Justice of the Peace will make a determination as to weather or not the accused will be released or held in custody until the criminal charges they are detained on are resolved.

It is comparable to a short trial, but instead of assessing innocence or guilt, whether someone should be released or not is assessed.

Sometimes the Crown will consent to the release of accused. If the release is consented to, both the defence lawyer and the Crown submit to the Judge/Justice that the accused should be released.

In this case the Crown and defence lawyer must negotiate the terms of the accused’s release, with the defence seeking the least restrictive bail conditions.

In more serious cases it is likely that the Crown will not consent to the accused release.

In this case a contested bail hearing will occur. At contested bail hearings the onus rests on the Crown to show through their submissions that the accused should be detained based upon the primary ground grounds, the secondary grounds, tertiary grounds.

In cases where the accused is being detained because they breached their bail or probation then a reverse onus bail hearing will occur.

In this case the onus is on the defence to prove that the accused should be released by demonstrating that the accused does not constitute a danger to the public and is not a flight risk.

In both instances, the defence will present the best plan of release possible, demonstrating that accused can comply with a good plan of release.

The Justice of the Peace makes his or her decision to release the accused based upon three points:

  1. Primary grounds: If released, will the accused appear at their subsequent court dates to face their charges or will they attempt to take off? Is the accused a flight risk?
  2. Secondary Grounds: If released is the accused going to be dangerous? Are they likely to commit further offences, contact the complainant in relation to their charges, or breach the conditions of release imposed by the court?
  3. Tertiary Grounds: Is there any other “just cause” for detention? What is the apparent strength of the case against the accused? What is the gravity of the alleged offences the accused is charged with? What is the circumstance of the alleged offences?
  4. What is the potential for lengthy term of imprisonment, or whether a minimum sentence of three plus years is required for the alleged offence?

 

What happens at a bail hearing?

 

Your Toronto bail hearing lawyer or duty counsel interviews the accused and the potential surety or sureties to gather general information about their background, their age, address, education, employment, and living situation.

Plan of release for an arrested person

 

They use this information to construct an appropriate plan of release for the accused that can be presented to the court. At the appropriate time the Crown will have the accused brought into the court.

The allegations against the accused will be read. The Defence lawyer will present the surety and the plan of release for the accused. If the accused release is contested the Crown will cross-examine the surety to try and demonstrate weaknesses in the defence’s plan of release.

The defence will make submissions as to why the accused should be released. The Crown will then make arguments as to why the accused should not be released.

Then judge/justice will make a determination as to whether the accused will be released. If the accused is not released it is likely that they will be held in until their charges are resolved, either through a guilty plea, trial or withdrawal of the charges by the Crown.

If you or someone you know is facing criminal charges and has an upcoming bail hearing contact Toronto Defence Lawyers for a free consultation.

Call Us Now At (416) 658-1818 for a Free Case Evaluation by a Toronto Bail Hearing Lawyer

 

 

 

If you are charged with a crime in the GTA, Contact Pyzer Criminal Lawyers

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