BAIL HEARINGS

Kahlon Law

Is Skilled In Bail Matters

The firm has a record of getting accused people 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, please give Kahlon Law a call at 1-844-978-8444 or click here to schedule a free one-hour consultation.

 

 

 

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 persons constitutional rights remain unaffected. 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 Defense 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 system.

Different Forms of Release

There are multiple ways in which an accused may be released. First, the police can voluntarily release the accused on a promise to appear or an undertaking to a peace officer with conditions. The accused does not have to agree with the terms of the release proposed by the officer at the station; however, a failure to do so will result in being held for a hearing. As bail conditions can last until trial, it is important to consult with a lawyer prior to agreeing with any conditions.

There are a number of factors the police considers when deciding whether to release the accused from police custody or hold them for a bail hearing. These include, but are not limited to, prior criminal record, the gravity of the charge, whether there is a previous release in place. If the police are of the opinion that the accused should not be released, then the accused will be held for a bail hearing and will typically appear in court within 24 hours of the arrest

Bail Hearing

A bail hearing is often one of the most critical stages in a criminal proceeding and it is prudent that you consult a criminal defence lawyer at the earliest opportunity.

A bail hearing requires formulating a carefully crafted plan of release, which is least onerous in the given circumstances. A poorly run bail hearing can have disastrous consequences on the accused’s freedom pending trial.

A criminal lawyer will review the allegations and prior criminal record to formulate a plan of release. A good plan of release can assist in negotiating a potential consent release with the Crown.

Counsel will also interview and prepare the sureties to provide evidence at the hearing.

The Law On Bail

In most cases, the burden is on the crown to show cause as to why an accused person should not be released on bail. In certain circumstances, the onus is switched and the accused must show why they should not be detained pending trial. At the bail stage, the Crown will advise the court as to the ground(s) he or she is seeking the detention of the accused person on. The three grounds are enumerated in the Criminal Code:

  1. Detention is necessary to secure your attendance in court (Primary Ground);
  2. Detention is necessary to protect public, victims, or children and there is a substantial likelihood of reoffending while on bail (Secondary Ground); and
  3. Detention is necessary to maintain the public’s confidence in the justice system (Tertiary Ground).

The Crown can seek detention on one of or a combination of the above grounds.

Acting As A Surety

A surety is someone who takes responsibility of supervising the accused person while they are on bail. A surety will pledge an amount of money to the court and can risk loosing some or all of the money if the accused fails to comply with the conditions of his release. Usually, this money is not paid upfront. The responsibilities of a surety include making sure that the accused person attends court as required, ensuring that the accused person abides by all the conditions of their bail, and to contact the police of any breaches.

At a bail hearing, the surety will testify as to their qualifications, background and suitability. It is critical for the lawyer to prepare sureties of the process as sureties are subjected to cross-examination by the Crown. After hearing from the sureties, the presiding justice will make a determination as to whether to release or detain the accused and on 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.

Bail Review

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 the bail hearing justice made an error in law.

If you or someone you know has been arrested or is surrendering to the police, please give Kahlon Law a call at 1844-978-8444 or click here to schedule a free one-hour consultation.

Address:

229-6200 Dixie Rd, Mississauga, ON L5T 2E1

Phone:

(844) 978-8444

Email:

info@kahlonlaw.com

Hours of Operation:

Available 24/7 Via Phone

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