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, 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 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 could 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.
- Your lawyer has experience working in the court system and knows how your particular court operates because of his first-hand knowledge.
- The Court Staff and Crown Attorneys may already have a working relationship with your lawyer which is always useful when you have certain people handling your matter.
- Your lawyer will have a reputation and experience dealing and working with the Judge assigned to your case and making the decision during your bail hearing.
Due to all these advantages that a bail lawyer can provide, they are able to present your case with the perfect Plan of Supervision at your bail hearing.
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 Courts’ consideration. Through the sureties the lawyer will attempt to show why the accused should be released and how they will be supervised. After the 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 live in the jurisdiction?
- How serious are the allegations?
- How strong is the Crown 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?
- 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 follows 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. The practice varies from one courthouse to the next, but the surety is often required to prove that they have the funds prior to the accused’s arrest already in savings. 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 tailored to the accused person’s circumstances in light of the allegations. The Court is concerned about the accused attending court, not committing any further offences while on bail, and not interfering with the administration of justice. Therefore bail conditions should be crafted meet the Court’s concerns, the public’s safety, while still having some nexus with the allegations and the circumstances of the accused.
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, contact the professional bail lawyer from Toronto, William Jaksa, to start working on your bail review.