Bail Hearings
What is a Bail Hearing?
A Bail Hearing is arguably one of the most important first steps which occurs in a criminal proceeding. As such, it is crucial that you speak to a Bail Hearing Lawyer as soon as possible.
Firstly, its best to outline what a Bail Hearing actually is. A Bail Hearing is a judicial process in which the court determines if the person charged with a certain crime should be released on bail. During this hearing, the court takes various factors into account, such as whether the accused person will attend all future court dates, the likelihood of the accused person committing another criminal offence while on bail, the likelihood of the accused person abiding by the imposed bail conditions, etc. Generally speaking, at a Bail Hearing, the Crown has to “show cause” as to why the accused person should not be released. In some cases, there is a “reverse onus” where the accused has to convince the court why he/she should not be detained while awaiting trial.
The following is a simple outline to help you better understand the hearing process.
Steps to a Bail Hearing
- Information about the client and the charges that are brought forward. During this general step, the lawyer will gather as much information as possible about the accused person and the pending charges. Certain things such as, does the accused person have a criminal record, the nature of the charges, whether there there are any co-accused, etc. may be important. Although this is an initial step, it is very important to understand as much of the details as possible.
- Attending Court to gather information and review criminal record, if applicable. During this process, the lawyer will review the record of the pending charges and any previous criminal charges (if any) with the client. Once this is established, the lawyer can also consider whether the charges should be more appropriately handled in specialty courts, such as mental health court.
- Interviewing the Client. This step is crucial in understanding who the client really is. Obtaining background information on the client is very important in formulating the best steps to help the lawyer’s case. The lawyer will interview the client in order to gather background information to present to the court, such as determining the level of education of the client, work history, living and family situation, health issues, immigration status, mental health issues (if any), relationship to the victim(s) and/or co-accused, etc.
- Interview with any sureties. Sureties are usually family members, friends, partners, etc. Background information will also be required from the sureties, such as date of birth, criminal records (if any), employment status, immigration status in Canada, the duration of time the client and the surety may know each other, if the accused is able to live with the surety and whether the surety can appropriately supervise the accused, etc. This is a very important step, since the surety is the one who will have to convince the court that they can adequately supervise the accused while he/she is out on bail.
- Attending the Bail Hearing. Here, the Crown will present the allegations to the court. This is usually done by the Crown reading aloud the police synopsis. The Crown may also call upon a witness to testify in court. Most of the times, the witness is the police officer who was involved with any investigation on the matter at hand. Once this has finished, the lawyer for the accused will then have a chance to present their evidence to the court. This is done by having the accused, or a surety testify. Furthermore, the lawyer’s role is to convince the courts to release the accused on bail. The surety may offer assistance in that matter to supervise them.
Failing to Comply with Bail conditions
It is a criminal offence not to abide by a court order, which can result in further criminal charges, or even jail time. Those who are found guilty of violating their bail conditions, will have a much more difficult time in future bail releases. As such, it is important to fully understand the terms and conditions of your bail and to abide by them at all times.
Contact me:
If you require further information or any legal advice, please contact Sanja Mavrak at (416) 554-4974 who is an experienced Criminal Lawyer and who can help you with your Bail Hearing to advise you on any of the above matters.
