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Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
Delve into detailed case studies across a variety of legal practice areas, showcasing our strategic defense and successful outcomes.
A proposed surety is someone who takes responsibility for supervising an accused person while they are on bail. The proposed surety pledges a sum of money to the court and risks losing some or all of it if the accused fails to comply with the conditions of their release. Typically, this money is not paid upfront. The responsibilities of a proposed surety include ensuring that the accused attends court as required, abides by all bail conditions, and reporting any breaches to the police.
There are multiple ways in which an accused person may be released pending a criminal offence. First, the police officer can voluntarily release the accused person on a promise to appear or an undertaking with conditions. The release papers will also provide their first court date and a date for fingerprinting. The accused person does not have to agree to the terms of the release proposed by the police officer at the police station; however, failure to do so will result in a delay in the accused’s release and in them being held for a bail hearing.
As bail conditions can last until trial, it is important to consult with defence counsel prior to agreeing to any bail conditions. There are a number of factors the police consider when deciding whether to release an accused person from police custody or take them to a criminal court for a bail hearing. These include, but are not limited to, prior criminal record, the gravity of the charge, and whether there is a previous release in place. If the police are of the opinion that the accused person should not be released, then the accused will be held for judicial interim release and will typically appear in court within 24 hours of the arrest. Often, in domestic violence cases, the accused person will be brought to a criminal court for judicial interim release.
Bail hearings are a type of criminal proceeding that takes place in criminal law cases. The bail hearing is held in provincial court to determine whether or not the person arrested should be released from custody pending the outcome of their case. The Crown counsel can consent to the release, or it can be a contested bail hearing. If the accused person is released, there can be a number of bail conditions, such as no contact, a curfew, or travel restrictions. A bail hearing is often one of the most critical stages in a criminal proceeding, and it is prudent to consult a bail hearing lawyer at the earliest opportunity. A defence lawyer can help assess the strength of the Crown counsel’s case and provide guidance on what bail conditions may be appropriate, given the accused’s personal circumstances.
A bail hearing requires formulating a carefully crafted plan of release that is the least onerous under the given circumstances. A poorly conducted bail hearing can have serious consequences, such as the accused being denied bail. The bail system can be complex, so it is important to consult a defence lawyer who understands the bail process and can guide you through it. If you have been arrested or are facing criminal charges, contact our office today for a consultation with a bail hearing lawyer. Our firm will work tirelessly to secure the release of accused persons from custody as soon as possible.
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Often, the burden is on the Crown counsel to show cause as to why an accused person should not be released on bail. In certain circumstances, the onus is reversed (reverse onus), and the accused must show why they should not be detained pending trial. At the bail stage, the Crown prosecutor will advise the court of the ground(s) on which they are seeking the detention of the accused person. The three grounds are enumerated in the Criminal Code: the Primary Ground, Secondary Ground, and Tertiary Ground. The Crown counsel can seek detention on one or a combination of these grounds.
The Primary Ground seeks to detain an accused person on the basis that they are a flight risk. This may be due to a lack of ties to the jurisdiction, limited financial resources, or a criminal record involving failures to attend court.
The Secondary Ground seeks to detain an accused person on the basis that there is a substantial likelihood they will commit another criminal offence if released on bail. The Supreme Court of Canada has outlined three things that must be established at bail hearings.
The bail hearing lawyer will often make representations to the court as to why detention is not warranted and will call evidence from sureties or experts in support of the release.
When a criminal case is registered, the police take steps to apprehend and arrest the accused in order to ensure that no further illegality takes place. Upon arrest, the accused person’s constitutional rights remain unaffected. Section 11(e) of the Charter provides that any person charged with an offence has the right not to be denied reasonable bail without just cause, and that pre-trial detention is extraordinary in our system of criminal justice. The first move of a criminal defence lawyer in criminal cases is to have the client released as soon as possible so that they can continue with their day-to-day affairs without being prejudiced by the lengthy criminal justice process.
Bail hearings and the criminal process are time-sensitive and can be very confusing to navigate on your own. In order to get the best possible result, it is crucial that bail hearing lawyers are hired from the start. A defence counsel can help make the bail process much smoother and faster. Having a lawyer by your side can make all the difference when it comes to securing your release from custody. If you are unable to afford a lawyer, all bail courts have duty counsel who can assist free of charge. Following your release, you can also contact Legal Aid Ontario to apply for a certificate. A criminal lawyer will review the allegations and prior criminal records to formulate a bail plan of release. An accused person’s plan of release can assist in negotiating a potential consent release with the Crown attorney. Counsel will also interview and prepare the sureties to provide evidence at the hearing. If you have been arrested or know someone who has, it is important to seek legal assistance as soon as possible.
At a bail hearing, proposed sureties will testify as to their qualifications, background, and suitability. It is critical for the lawyer to prepare proposed sureties for the process, as sureties are subjected to cross-examination by the Crown attorney. After hearing from the sureties, the presiding justice will determine whether to release or detain the accused and under what conditions. A lawyer will advocate for your release on the least onerous conditions. The Supreme Court, in R v Antic [2017 SCC 27], made it clear that each segment of release must be considered before moving to a more restrictive form of release.
If bail is denied at the initial hearing, a bail review application can be brought to the Superior Court to have the detention order reviewed. An application can be made if the circumstances of the case have changed materially or if the bail hearing justice made an error in law. The firm has a record of getting accused persons out of prolonged and unjustified police custody. The firm has extensive experience in bail courts for various charges, including manslaughter, firearm offences, domestic assaults, drug offences, and many others. If you or someone you know has been arrested or is surrendering to the police, give a defence lawyer a call or contact us for a consultation.
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