In Toronto, a bail hearing is a legal proceeding that determines whether an accused person should be released from custody pending their trial or other legal proceedings.
The purpose of a bail hearing is to assess the risk that the accused poses to public safety or the likelihood that they may fail to appear in court if released.
In Ontario, Canada, the police often seek a bail hearing to ensure that the accused remains accountable and poses no risk to public safety while awaiting trial. During a bail hearing, the court considers various factors such as:
Flight Risk: The likelihood that the accused will fail to appear in court if released on bail. Factors considered include previous record(s), ties to the community, employment status, family connections, and immigration status.
Public Safety: The potential risk to public safety if the accused is released on bail. The nature of the offence, was violence involved, the accused’s criminal history, and potential threats to and victims, witnesses or the community are evaluated.
Likelihood of Committing Offences: The probability that the accused will commit further offences if released on bail. The judge assesses the accused’s criminal history, outstanding charges or pending cases, and any evidence of a pattern of criminal behavior before considering any release.
Appearance in Court: The likelihood of the accused attending future court dates if released on bail. Factors considered include the accused’s history of attending court, compliance with previous court orders, and any outstanding warrants or charges for failure to appear.
Based on these factors, the judge makes an informed decision regarding whether to grant bail, deny bail, or impose conditions controlling the accuses activities if released. Conditions may include surrendering travel documents, residing at a specific address, reporting to the police, or avoiding contact with certain individuals.
The goal of the bail system is to balance the rights of the accused to liberty and the presumption of innocence with the need to protect public safety and ensure the accused’s attendance at future court dates. Bail hearings play a crucial role in the Canadian criminal justice system by providing an opportunity for the court to make an informed decision regarding pre-trial release.
The goal of the bail system is to balance the rights of the accused to liberty and the presumption of innocence with the need to protect public safety and ensure the accused’s attendance at future court dates.
Bail hearings play a crucial role in the Canadian criminal justice system by providing an opportunity for the court to make an informed decision regarding pre-trial release.
In Toronto, “reverse onus” refers to a legal principle applied during bail hearings that shifts the burden of proof onto the accused.
In regular circumstances, the burden is on the prosecution (Crown) to prove that the accused should be denied bail and kept in custody awaiting trial. However, in cases where reverse onus applies, it is the accused who must demonstrate why they should be granted bail and released.
Reverse onus is typically invoked in specific situations outlined by the law, such as when the accused is charged with certain serious offences e.g. domestic assault or if they have a prior criminal record. These situations are specified in the Criminal Code of Canada.
When a reverse onus is imposed, the accused (legal counsel) must present evidence and persuasive arguments to satisfy the court that they should be released on bail, despite the presumption that they should be detained. This may involve demonstrating that they do not pose a flight risk, that they will abide by any imposed conditions, and that their release will not endanger the public or interfere with the administration of justice.
The purpose of reverse onus is to ensure public safety and address concerns associated with certain offences or an accused’s criminal history. It places a higher threshold on the accused to justify their release, recognizing the potential risks involved.
It is important to note that even when reverse onus applies, the court still considers the principles of fundamental justice, including the presumption of innocence and the right to liberty. The judge carefully evaluates all relevant factors presented by the accused and the Crown in determining whether to grant or deny bail.
Ultimately, the decision rests with the judge, who weighs the arguments, evidence, and circumstances of the case before reaching a conclusion on whether the accused should be released and has met the burden of proof required under the reverse onus provision.
As defence lawyers we’ve appeared at hundreds of bail hearings, our lawyers can play a crucial role in helping you or your family through the bail hearing process and ensuring a fast release without debilitating conditions.
When an individual is arrested and a bail hearing is imminent, we can take proactive steps to assist them. These steps include:
Our assistance extends beyond the courtroom, providing support and guidance to both the accused and their family:
Throughout the bail hearing process, our knowledge and experience are invaluable to our clients. We address various aspects, including:
We understand the importance of a successful bail hearing in ensuring the release from custody, if you or a family member is awaiting a bail hearing, give us a call to ensure their release.
★★★★★ Nicholas was extremely patient in explaining a complicated process to our worried family. Ending in the result of bringing my grandson home. We can’t thank him enough. M.Braithwaite, Toronto (GoogleReviews)
In Toronto, a bail hearing review refers to a court hearing that occurs when there is a need to re-evaluate the terms and conditions of an existing bail order. It provides an opportunity for the accused or their lawyer to request a modification or variation to the initial bail conditions that were set by the court.
A bail hearing review can be initiated for various reasons, such as a change in circumstances, the need to address any concerns or issues that have arisen since the initial bail hearing. The review process allows for a reassessment of the bail conditions to ensure they remain appropriate and relevant to the situation at hand.
During a bail hearing review, the court considers factors such as the nature of the offence, the accused’s compliance with the existing bail conditions, any new information or evidence, and the impact of modifying the conditions on public safety and the accused’s appearance in court.
The accused or their legal representative may present arguments to support the requested changes to the bail conditions. This could involve proposing alternative conditions, seeking a reduction or removal of certain restrictions, or addressing any concerns raised by the Crown prosecutor or the court.
The judge presiding over the bail hearing review will assess the presented arguments and make a decision regarding whether to maintain, modify, or revoke the existing bail conditions. The judge’s decision aims to strike a balance between protecting public safety, ensuring the accused’s appearance in court, and respecting the accused’s rights and freedoms. Persons facing or interested in a bail hearing reviews should speak to our bail lawyers for the best possible representation.
Bail hearing reviews play a vital role in the Canadian criminal justice system, as they allow for ongoing assessment and adjustments by the accused as the circumstances warrant.
The bail hearing marks the starting point for the defence of the accused.
Once released from jail, the accused gains the ability to:
Upon release, the accused may be subject to specific conditions attached to the bail. If the accused violates any of these conditions or commits another crime, the bail would be revoked, resulting in the accused’s return to custody (jail).
As bail hearing lawyers, we ensure that you receive the best possible legal defence for effective representation in court your defence starts with our first discussion. There is no fee to talk.
During the bail hearing, the court may impose conditions, known as bail conditions, on the accused if they are released from custody. These conditions may include:
The court may also require a surety, someone who bails the accused out of jail at the bail hearing. To qualify as a surety, one must meet the following criteria:
The court expects the accused to live with the surety from the date of release until the court date. The surety should come to the bail hearing prepared with proof of identification and documents showing sufficient assets to sign the bail bond. Acceptable assets for the bail bond include:
It is important to note that assets such as a line of credit, credit card, or other non-qualifying assets like a car cannot be considered as proof of assets for the bail bond.
In Toronto, a surety in a bail hearing refers to an individual who assumes responsibility for ensuring that the accused person complies with the conditions set by the court if they are released on bail.
The surety acts as a guarantor, providing assurance to the court and judge that the accused will adhere to the bail conditions and will appear in court for all required proceedings. The role of a surety is significant and involves several responsibilities, including:
Assuring Attendance: The surety guarantees that the accused will appear in court for all scheduled appearances, as required by the court. They provide an assurance that the accused will not abscond or fail to attend court dates.
Supervising Compliance: The surety is responsible for ensuring that the accused complies with the conditions of their release. This involves monitoring the accused’s behavior, ensuring they adhere to the bail conditions such as curfews, avoiding persons, locations, or abstaining from certain activities.
Maintaining Communication: The surety maintains regular communication with the accused to ensure their whereabouts are known and that they are abiding by the bail conditions. They may also act as a point of contact between the accused, the court, and the accused’s legal counsel.
Financial Responsibility: The surety may be required to provide a financial guarantee, known as a bail bond or recognizance, which is a commitment to pay a specified amount if the accused breaches the bail conditions. The bail bond serves as a security to encourage the accused’s compliance.
Risk Assessment: Before agreeing to act as a surety, individuals should assess the risks involved and their ability to fulfill the responsibilities effectively. They should consider the accused’s character, trustworthiness, and the potential impact on their own personal and financial well-being.
It is essential for sureties to understand the obligations and potential consequences associated with acting as a surety in a bail hearing. They should have a thorough understanding of the bail conditions, maintain open communication with the accused, and promptly report any concerns to the court or the accused’s legal counsel.
The court carefully considers the suitability of the proposed surety, assessing factors such as their relationship to the accused, credibility, financial stability, and criminal record (if any). The surety’s qualifications and willingness to assume the responsibilities play a crucial role in the court’s decision regarding the release of the accused on bail.
During a bail hearing, the court convenes in a courtroom at the courthouse with a Justice of the Peace presiding. A Crown Attorney represents the police and presents arguments to the Justice or Justice of the Peace regarding why the accused should be kept in custody before the trial.
The Crown Attorney may propose that the accused be released from custody but with certain bail conditions imposed. Since courts often face trial backlogs, not being released at the bail hearing could result in the accused remaining in jail for several months.
Where the accused is represented by a bail hearing lawyer, the lawyer seeks to dispute or down play the crowns allegations, satisfy the judges concerns and advocating for the release of the accused.
As a law firm experienced in countless bail hearings, we are well-versed in the procedures involved. Our goal is to ensure that your or your family member has the best opportunity to be released from custody, whether with or without bail conditions.
If the court determines that the accused can be released, they may require the accused to adhere to specific “Conditions.” Having a lawyer present at the hearing helps prevent the imposition of overly strict or unrealistic conditions on the accused.
Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.
There is no fee or obligation to call and speak to us. The discussion is held with complete privacy and confidence with the lawyer.
During that phone call the lawyer will:
The lawyer will be able to give you an opinion about your case, and tell you:
Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting. In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.
Julia Davis
2 days ago
★★★★★ It was my fault, with the kids and everything else going on, I put a cosmetic on top of my purse and then forgot about it as I checked out. The security didn’t see it as a small oversight from a busy mother. Nick took care of everything, didn’t have to appear in court, charges were dropped, Thank you so much
Carlos Villarreal
4 days ago
★★★★★ I had never been accused in my life. Nicolás and his team guided me through the whole process, with good customer service and impeccable results. They are very professional and experienced. Great Lawyer, Highly recommended
Olena Kuchuryan
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. We saw a bunch of criminal lawyers for initial consultation, but only after meeting with Nicholas Charitsis and Vadim Paskaru we could see that they would do whatever it takes to win our case. It was a difficult case, but Nicholas and Vadim were with us every step of the way, supporting us, explaining next steps, always answering our questions. They were very easy to get in touch with whenever we needed them. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with a careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
