Toronto Bail Hearing Lawyers
Bail Hearings and Judicial Interim Release
A bail hearing determines whether a person charged with a criminal offence will be released while the case proceeds or remain in custody until the matter is resolved.
The decision can affect employment, housing, family responsibilities and the ability to participate in the defence. Preparation must address both the legal test and the circumstances of the person seeking release.
What the Court Must Decide
A court may order detention only on grounds recognized by law. The issues include attendance in court, the protection or safety of the public and confidence in the administration of justice.
A bail hearing does not determine guilt or innocence. Its purpose is to decide whether detention is justified or whether release can be ordered on appropriate terms.
Preparing a Release Plan
A proposed release plan should respond to the concerns raised by the case. Depending on the circumstances, it may address residence, supervision, employment, treatment, communication and access to particular places.
The plan must be realistic. Proposed sureties should understand the responsibility they are accepting and be prepared to answer questions about supervision and enforcement.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Sureties and Conditions
A surety is not required in every case. Where one is proposed, the court considers the person’s ability to supervise, the relationship with the accused and the terms of the proposed release.
Any conditions imposed by the court are legally binding. They must be followed unless they are formally changed through the proper legal process.
Contested Hearings and Reverse Onus
Where the Crown opposes release, the hearing may proceed on a contested basis. In some circumstances, the accused bears the burden of showing why detention is not justified.
The evidence, the proposed plan and the legal grounds for detention must still be examined carefully. A reverse onus does not remove the court’s obligation to apply the law to the particular case.
Bail Reviews and Changes to Conditions
A detention order or restrictive condition may be challenged where there is a proper legal basis. The available process depends on the order, the history of the case and the reason the change is being requested.
A proposed variation should be addressed before a condition is breached. Informal permission from another person does not alter a court order.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
*Submitting this form does not create a lawyer-client relationship. Please do not include confidential or time-sensitive information. Shikhman Barristers must confirm that it is able to act before a lawyer-client relationship is established.