- Practice Areas
Explore Our Practice Areas
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.
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 fingerprints. The accused person does not have to agree with the terms of the release proposed by the police officer at the police station; however, a failure to do so will result in a delay in the accused’s release and them being held for a bail hearing. As bail conditions can last until trial, it is important to consult with a defence counsel prior to agreeing with 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, 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 proceedings 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 of 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 that you consult a bail hearing lawyer at the earliest opportunity. A defence lawyer can help you assess the strength of the Crown counsel’s case and can provide guidance as to what bail conditions may be appropriate given the accused’s personal circumstances.
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
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 switched (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 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 including Primary Ground, Secondary Ground, & Tertiary Ground: The Crown counsel can seek detention on one of or a combination of the above grounds. The primary ground seeks to detain an accused person on the grounds that they are a flight risk. This can be due to their lack of ties to the jurisdiction, financial resources, or criminal record involving breaches of failure to attend court. The secondary ground seeks to detain an accused person in custody on the basis that there is a substantial likelihood they will commit another criminal offence if bail were granted.
The Supreme Court of Canada has outlined three things that must be established at bail hearings:
The tertiary ground refers involves assessing:
The bail hearing lawyer will often make representations to the court as to why detention is not warranted and will call evidence from surety 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. 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.
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 result possible, it is crucial that bail hearing lawyers are hired from the start. A defence counsel can help make the bail process go 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 will have duty counsel who can assist free of charge. Following your release, you can also contact Legal Aid Ontario to make an application 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.
A proposed surety is someone who takes responsibility for supervising the accused person while they are on bail. A proposed surety will pledge an amount of money to the court and can risk losing some or all of the money if the accused fails to comply with the conditions of their release. Usually, this money is not paid upfront. The responsibilities of a proposed 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 contacting the police of any breaches.
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 of the process as sureties are subjected to cross-examination by the Crown attorney. 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.
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.
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, give a defence lawyer a call or contact us for a consultation.
EXCELLENT Based on 135 reviews Amre El-Bassoussi2025-03-17Trustindex verifies that the original source of the review is Google. This was the first time I ever needed a lawyer. It was stressful to say the least and I can’t express how grateful I am to find Kahlon Law and Antar. I could not have gotten through this without him. He really had my back more than I could have asked for. Thanks again. Dilraj Kour2025-02-08Trustindex verifies that the original source of the review is Google. We are really thankful for his service and his efforts. We highly recommend him for legal help Angelo Baglio2025-01-24Trustindex verifies that the original source of the review is Google. Antar of Kahlon Law is, without contest, the best lawyer I’ve had the pleasure to work with. He is always available for his clients, ready to answer texts, or call you promptly. His rapport in the legal system is astounding and he is well respected. He took my case when my previous lawyer was uncommunicative, and I’d never been happier! m umanajr2025-01-21Trustindex verifies that the original source of the review is Google. He was very professional and patient, he took the time to understand and help explain everything step by step. He went above and beyond to get the best results, highly recommended ! Prince Singh2025-01-09Trustindex verifies that the original source of the review is Google. I recently worked with Kahlon Law, and I was really impressed with their service. They took the time to listen to my concerns and provided clear, honest advice. Their dedication to my case was evident, as they were always available to answer questions and kept me updated throughout the process. Their expertise in criminal law truly made a difference, and I felt supported every step of the way. I highly recommend Kahlon Law for anyone needing a skilled and compassionate criminal lawyer. Thank you, Kahlon Law, for your outstanding support! SUMIT BAWA2024-12-23Trustindex verifies that the original source of the review is Google. Cannot thank Antar enough for his incredible work on our case.Had been dealing with the stress for over two years. Antar took on with unwavering determination and, in just one month dealt with it He is very professional inside the courtroom and in-front of judge, stays proactive, knows what he does. His expertise, professionalism, and dedication are unmatched. He kept me informed at every step and fought tirelessly on my behalf. Antar is not just a brilliant lawyer but also a truly compassionate person who gave me hope during one of the toughest times in my life. For me, he is nothing short of a godsend. If you're looking for someone who will go above for you, Antar is the lawyer you need. Thank you so much for giving me my life back! Shivang Khanna2024-12-09Trustindex verifies that the original source of the review is Google. I retained Mr. Kahlon for serious charges brought against me, and it turned out to be the best decision I made. His dedication, patience, and unmatched attention to detail led to a victory at trial —even without me having to testify in court . A clean acquittal, It doesn’t get better than that. He also went above and beyond by helping me secure the best possible payment plan, allowing me to navigate through my divorce. Experience and professionalism is worth ever penny . Thanks a lot Mr Kahlon Tushar Dhiman2024-12-06Trustindex verifies that the original source of the review is Google. Trustworthy must recommend antar kahlow lawyer for assualt case! Gurpreet Singh2024-11-01Trustindex verifies that the original source of the review is Google. Antar is a very patient and knowledgeable lawyer, there is no one who can compete with him. He pays full attention to all details of the case and make you win the case for sure. Consider him before hiring any other lawyer. Meenu M2024-11-01Trustindex verifies that the original source of the review is Google. I am so grateful for the support and dedication shown by Antar Kahlon in handling my case. It was clear from the start that he genuinely cared about helping me, not just about the financial side of things. He went above and beyond, showing kindness, patience, and expertise that made a difficult time much easier. Finding someone who values people over profit is rare, and I truly believe he has earned my trust and respect for life. Highly recommended to anyone seeking a lawyer who is not only skilled but truly compassionate.Verified by TrustindexTrustindex verified badge is the Universal Symbol of Trust. Only the greatest companies can get the verified badge who has a review score above 4.5, based on customer reviews over the past 12 months. Read more
Seeking guidance through legal challenges? Let us navigate the complexities together and find solutions tailored to your needs.
Don’t leave your defence to chance! Contact a Criminal Lawyer Mississauga today.