CRIMINAL DEFENCE LAWYERS
Your Bail Hearings Lawyer Serving Orangeville
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Experienced Bail Hearing Lawyers in Orangeville
Bail, also known as Judicial Interim Release, is a legal contract between the Crown and the accused or their surety, allowing the temporary release of the accused while their charges proceed through the court system. This arrangement enables the accused to remain in the community while awaiting trial.
Under s.11(e) of the Canadian Charter of Rights and Freedoms, bail has been established as a constitutional right, meaning every individual in Canada has the right to reasonable bail. This constitutional right ensures that denial of bail occurs only when necessary and with proper justification.
What is Bail Under the Criminal Code?
According to R v. Antic, 2017 SCC 27:
- The default position in most cases should be release, with an initial presumption that release is unconditional.
- Under s.515(1) of the Criminal Code, a judge or justice must release an individual without conditions unless the Crown can show cause to impose restrictions.
The Crown must justify any departure from unconditional release on one of the following grounds:
- Ensuring Attendance at Court: Guaranteeing the accused will appear for future court dates.
- Protecting Public Safety: Preventing any risk posed to the public.
- Maintaining Confidence in the Administration of Justice: Ensuring public trust in the judicial process.
For serious offences, such as murder, the burden of proof may shift to the accused, known as a “reverse onus.”
Bail Hearings Explained
If the Crown opposes release, the accused is entitled to a bail hearing or show cause hearing before a Justice of the Peace. If detained, the accused must appear in court within 24 hours of arrest.
During the bail hearing:
- The Crown and defence present evidence and submissions, and may propose conditions to address concerns.
- The Justice of the Peace may decide to release the accused, with or without conditions, or order detention until trial.
Factors Considered by the Justice of the Peace:
- Nature of the alleged offence
- Criminal history of the accused
- Ties to the community
- Likelihood of attending future court proceedings
Possible Bail Conditions:
- Supervision by a surety
- No contact with the alleged victim or witnesses
- Geographic restrictions
- Travel ban
- Reporting to a probation officer
- Financial bond or promise for compliance with conditions
If conditions are breached, the accused may face re-arrest and additional charges.
Bail Hearing Limitations: Only one bail hearing is permitted. If dissatisfied with the outcome, a bail review (see below) may be requested rather than a new hearing.
Choosing the Right Bail Hearing Lawyer For You
An accused can have a very different life if he or she is successful in obtaining bail. Statistically, an accused who has been denied bail but remains in jail awaiting trial will be more likely to get convicted than one released on bail. Detention in custody also makes it more difficult for an accused to prepare their defence. Small things can often tip the balance in favor of one side or another. This is when an experienced lawyer who has handled bail hearings can be crucial.
The bail law can be extremely complex. Even small nuances may determine your release or denial. You will be assisted by a bail hearing attorney at every stage:
Communication with Police
We can negotiate and communicate with police if you contact us first before speaking with them. This will allow for a decision to be made about the bail hearing. By establishing a dialogue between you and your lawyer, it is possible to avoid the need for a bail hearing. With the help of an attorney, you can reduce the time that you spend in custody before trial by arranging to be taken into custody.
Early Bail Hearing
Our position is that a hearing on bail should be scheduled as quickly as possible. A quick scheduling will allow the release of an accused without significant delays, resulting in less time spent in jail.
Reliable Bail Conditions
In the event that the court decides to release the accused, the help of an experienced bail lawyer will be crucial to avoid unjustified and unreasonable conditions being placed on bail. We want to prevent unnecessary limitations on your freedom, like the inability to move freely or to go to school or work. By violating restrictive conditions, an individual could be set up for failure.
Additional Specific Issues
Conditions of bail can include restrictions such as curfews or house arrest. Our goal is to reduce any restrictions to allow you to lead a normal daily life.
Our assistance doesn’t stop here. You and your family will receive guidance and support, which includes:
Understanding Bail and its Conditions
The entire bail procedure will be explained, starting with the court hearing and ending with the duties of a surety. It is important to simplify the bail process, as it can be confusing and overwhelming. You should also be aware of any bail conditions you may face from the court. This will help to avoid any complications.
Courtroom Etiquette and Behaviour
Most people underestimate the impact of courtroom etiquette on bail hearings. You will be advised on the proper way to behave and how you should present yourself before the court. This is important for making a good impression, and showing respect towards the legal process. It will increase the chances of a release in reasonable conditions.
The Witness and the Evidence
Our team will help you gather evidence to support your claim. If required, we will arrange for any possible sureties to attend the bail hearing.
Choosing the Right Bail Hearing Lawyer For You
An accused can have a very different life if he or she is successful in obtaining bail. Statistically, an accused who has been denied bail but remains in jail awaiting trial will be more likely to get convicted than one released on bail. Detention in custody also makes it more difficult for an accused to prepare their defence. Small things can often tip the balance in favor of one side or another. This is when an experienced lawyer who has handled bail hearings can be crucial.
The bail law can be extremely complex. Even small nuances may determine your release or denial. You will be assisted by a bail hearing attorney at every stage:
Communication with Police
We can negotiate and communicate with police if you contact us first before speaking with them. This will allow for a decision to be made about the bail hearing. By establishing a dialogue between you and your lawyer, it is possible to avoid the need for a bail hearing. With the help of an attorney, you can reduce the time that you spend in custody before trial by arranging to be taken into custody.
Early Bail Hearing
Our position is that a hearing on bail should be scheduled as quickly as possible. A quick scheduling will allow the release of an accused without significant delays, resulting in less time spent in jail.
Reliable Bail Conditions
In the event that the court decides to release the accused, the help of an experienced bail lawyer will be crucial to avoid unjustified and unreasonable conditions being placed on bail. We want to prevent unnecessary limitations on your freedom, like the inability to move freely or to go to school or work. By violating restrictive conditions, an individual could be set up for failure.
Additional Specific Issues
Conditions of bail can include restrictions such as curfews or house arrest. Our goal is to reduce any restrictions to allow you to lead a normal daily life.
Our assistance doesn’t stop here. You and your family will receive guidance and support, which includes:
Understanding Bail and its Conditions
The entire bail procedure will be explained, starting with the court hearing and ending with the duties of a surety. It is important to simplify the bail process, as it can be confusing and overwhelming. You should also be aware of any bail conditions you may face from the court. This will help to avoid any complications.
Courtroom Etiquette and Behaviour
Most people underestimate the impact of courtroom etiquette on bail hearings. You will be advised on the proper way to behave and how you should present yourself before the court. This is important for making a good impression, and showing respect towards the legal process. It will increase the chances of a release in reasonable conditions.
The Witness and the Evidence
Our team will help you gather evidence to support your claim. If required, we will arrange for any possible sureties to attend the bail hearing.
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He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
He takes the time to understand the unique needs and concerns of each case.
“Akash genuinely cares about his clients and consistently demonstrates a high level of professionalism. Akash is extremely approachable, which fosters an open dialogue and creates a comfortable environment for discussing any issues or questions.”
Hons B.A., J.D. | Criminal Defence Lawyer
Akash Dhillon
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We specialize in all forms of Criminal law
Criminal Defence in Orangeville
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