After a person has been arrested and charged with a criminal offence the police may release that person from the scene or the police station. However, depending on the nature of the allegations and the accused person’s criminal record, the police may hold the person for a bail hearing.
Having an experienced bail lawyer is important to securing bail quickly and with the appropriate conditions. William Jaksa has the experience necessary to effectively prepare a supervision plan with the proposed sureties that will have the accused released from custody. If a family member has been arrested, contact William Jaksa immediately at 416-900-0998 to start planning and preparing for a bail hearing. You will need a bail lawyer from Toronto, William Jaksa, to assist with your release from jail.
Being unprepared for a bail hearing, failing to have an acceptable surety or presenting an inadequate supervision plan can result in bail being denied and an accused person remaining in jail for months. Further, being denied bail can increase your legal costs, interfere with employment, limit a person’s defence options and create undue stress on a person’s family.
What is Bail?
Bail is a form of pledge or property deposited with the court for the release of an accused person. Often a person (referred to as a surety) promises to supervise an accused person and pledges an amount to the court. If the accused fails to follow the conditions of their release the bail amount can be forfeited to the court. The bail remains in place as long as the accused person is before the court on charges. A bail can be varied to loosen or change the release conditions in certain circumstances.
Why Hire a Bail Lawyer in Toronto?
You need an experienced bail lawyer to help navigate your family and proposed sureties through the bail hearing process. An experienced bail lawyer will help your family prepare an adequate supervision plan and will assist your proposed sureties in their preparation to testify.
An experienced bail hearing lawyer is able to negotiate terms of release that will allow you to remain out of jail while waiting for trial.
What is a Bail Hearing?
A bail hearing is a Court proceeding that typically happens before a Justice of the Peace to determine whether an accused person can be released on bail. The Crown will present the allegations and briefly explain why they believe and recommend the accused person should be kept in jail. The bail lawyer can then call evidence and present sureties for the Court’s consideration. Through the sureties, the lawyer will attempt to show why the accused should be released and how they will be supervised. After all evidence has been called, both the Crown and bail lawyer will present their arguments to the Court.
When deciding whether to release an accused person the Court must consider a number of factors including:
- Whether the accused will show up for trial – does the accused reside in the jurisdiction?
- How serious are the allegations?
- How strong is the Crown’s case against the accused?
- Is the alleged victim or the public in need of protection from the accused?
- Will the accused commit more crimes while on bail or interfere with the witnesses?
- Can the proposed sureties properly supervise the accused?
- Can the Court trust the sureties to supervise the accused person?
- Is the proposed supervision plan appropriate for this case?
- What will the public think if the accused is released on bail?
- What are the personal circumstances of the accused?
Responsibilities of a Surety
A surety is responsible for supervising the accused while they are on bail. They are to ensure that the accused attends court when required, not commit any further crimes, and follow all the conditions of their bail. The Court always wants to ensure that the best person possible is acting as a surety for the accused and will usually look to family members first.
Typically the Court only requires a surety to pledge or promise an amount of money in support of a person’s bail. This practice varies from one courthouse to the next, but the surety is often required to prove that they have the funds already in savings prior to the accused’s arrest. If an accused does not live in the jurisdiction where they were arrested, then they may need to deposit money with the Court.
Bail conditions are intended to be tailored to the accused person’s personal circumstances in light of the allegations. The Court is concerned about the accused showing up for court, not committing any further offences while on bail and not interfering with the administration of justice. Therefore bail conditions should be crafted to meet the Court’s concerns and the public’s safety while still having some nexus with the allegations and the circumstances of the accused.
Recent Bail Hearing Blogs and Articles by William Jaksa
Below are some recent articles written by William Jaksa regarding bail hearings and bail hearing procedures:
Important Supreme Court of Canada Decisions on Bail Hearings
The Supreme Court of Canada creates the law, the judicial considerations and procedures surround bail hearings in Canada. However, every region in Canada adjusts the law for its regional considerations. Below are two important SCC decision on bail hearings:
Denied Bail? Now what?
If an accused has been denied bail during a Bail Hearing, depending on the reasons given by the Court for denying bail, a bail review in the Superior Court of Justice may be an option. Bail Reviews require planning and time to organize and could take a few weeks. If you have been denied bail contact William Jaksa, an experienced Bail Lawyer in Toronto, to work on your case.