Bail Lawyer Toronto
How to Get Bail for Criminal Cases in Toronto
Nothing is more important in a criminal case than obtaining a speedy and reasonable bail. Contact Daniel Brown at the earliest opportunity to discuss your bail rights.
If you or a loved one is under investigation or arrest for a crime, Daniel Brown may be able to negotiate with the police to secure your release from the police station without the need to have a bail hearing at court.
There are some cases where the police will require a bail hearing upon arrest rather than a release an accused person from the police station. Daniel’s number one objective at a bail hearing is to ensure that his clients get out of jail so that they can go on with their lives and jobs while waiting the many months that often pass before their cases go to trial. His success rate at bail hearings is unsurpassed and includes hard-fought victories for every type of criminal offence including first and second degree murder.
Hiring Daniel Brown to assist you at a bail hearing will significantly improve your chances of success. As a certified specialist in criminal law, he will ensure that all of the proposed bail supervisors (“sureties”) are properly prepared for the types of questions they will be asked at a hearing by the judge or prosecutor. One wrong answer at the bail hearing can often be the difference between securing a release and a detention order.
In many cases, Daniel Brown is able to negotiate with the prosecutors ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that his clients may be denied bail by the judge. Daniel Brown seeks to negotiate bail releases without a hearing whenever possible.
A poorly conducted bail hearing could have disastrous consequences for the average person. It could result in weeks or even months spent in jail without ever having been convicted of a criminal offence. Even if you are fortunate enough to be released from custody, Daniel Brown can ensure that the bail restrictions imposed by the judge are lawful and reasonable so that your bail does not unduly interfere with your right to earn a living, travel, or be with your family.
Given Daniel Brown’s extensive knowledge of bail law and procedure, he is often sought out by the media to comment on national and international stories on the subject.
- Globe and Mail, “Toronto cop Forcillo granted bail, returns to court in November”
- Toronto Star, “Sammy Yatim: Const. James Forcillo released on bail as experts argue ‘special treatment’”
- Toronto Star, “Time to overhaul Canada’s unjust bail system”
- CBC The Current, “Canada’s bail system set up to fail, says criminal defence lawyer”
Read below to learn more about the process of obtaining bail in Toronto, Ontario. Those looking for advice on bail hearings and bail procedure should immediately call Daniel Brown at (416) 297-7200 to ensure a speedy and skilful release on bail.
Frequently Asked Questions about Bail in Toronto, Ontario
- Does everyone charged with a criminal offence require a bail hearing?
- What happens at a bail hearing?
- How does the Court decide who to release on bail?
- What does an accused person need to do to in order to get bail?
- How many sureties does somebody need to get bail and how much money will the sureties need to pledge?
- What can be mentioned at a bail hearing?
- What are some possible conditions of release?
- What happens if the accused is not granted bail?
- What if the surety can’t attend court for the bail hearing?
- What happens if an accused is caught violating his bail conditions?
- What happens after an accused is released on bail?
For most criminal offences in the Toronto Region, the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns on one of the following grounds:
1) they need to establish the accused person’s identity
2) they fear the accused will destroy evidence relating to their investigation
3) they fear the accused will continue or repeat the offence or commit other criminal offences
4) they have reasonable grounds to believe the accused will not show up for court.
If the police hold any of these concerns, they will likely hold the accused person for a bail hearing instead of releasing them from the police station.
At a bail hearing, the court will decide whether or not the accused person should be released from jail while they await their trial.
In determining whether or not an individual facing criminal charges should be released from jail, the Court must be satisfied that the accused person will attend their court dates, that there is not a substantial likelihood that the accused would commit further criminal offences while released on bail and that the community would not be offended by the person’s release given the serious nature of the offences alleged and the strength of the prosecutor’s case against the accused.
The onus is generally on the prosecutor to show why the accused should not be released on bail. In some situations, the onus is switched and it is the accused who must show why he should not be detained in jail while he awaits trial.
Most commonly, the reverse onus provisions are triggered when an accused person is already released on bail for other charges or is charged with a specific offence that imposes the reverse onus procedure, such as drug trafficking or gun possession. A reverse onus situation may also be triggered when the person charged does not ordinarily reside in Canada.
For a person in custody, a bail hearing is often a critical juncture that will affect their decision on how to proceed with their case. This is a very important part of the criminal process and cannot be underestimated.
At the bail hearing stage, the person charged will likely need the assistance of his or her friends or family members to come to court and act as sureties.
A surety is somebody willing to supervise the accused person while released on bail and is responsible for ensuring that all of the conditions of the bail are being followed. In some instances, the accused person may be required to live with the surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise the accused person – or risk losing their money should they fail to do so.
In most instances, the surety need only establish that they have access to the amount of money being pledged and need not deposit the money with the courts. Bank book statements or property deeds are examples of ways the surety can prove their assets to the Court.
Follow this link for more information on acting as a surety for bail.
The amount of sureties and money to be pledged can vary depending on a number of factors such as the number of criminal charges the accused is facing, the type of charges, the financial situation of the surety, the surety’s ability to supervise the accused, whether the accused has a prior criminal record and the extent of the record among other considerations. Every case is fact specific and the decision of how many sureties are required and how much money they must pledge is ultimately a decision for Judge or Justice presiding over the bail hearing.
A surety may be asked to testify in Court about their plan to supervise the accused and perhaps give some background information about the accused person as well as their personal relationship with the accused in order to determine their suitability as a candidate to supervise the accused while on bail. One of the most important roles a defence lawyer has at the bail hearing stage is to ensure that potential sureties at the bail hearing are adequately prepared for the process of testifying in court.
The sureties should know ahead of time what questions will be asked of them by the defence lawyer and even what questions they may be asked by the prosecutor. One wrong answer to any of the questions asked in Court could result in the denial of bail for the accused. Experienced criminal lawyers know what questions will likely be asked at a bail hearing and can prepare sureties ahead of time for the “tough” questions. A well prepared surety is often the difference between securing a release on bail and a detention order.
The prosecutor may present a wide range of information about the accused person and about the offense with which they are charged, including the prior criminal history and specific facts relating to the charges. As everyone in Canada is innocent until proven guilty, the public disclosure of the allegations against an accused person could significantly impact their right to a fair trial. In certain circumstances, the lawyer can request a ban on the publication of any of this information. The justice can order that any information, including the reasons for releasing an accused person from jail or detaining them in custody, not be made public.
Some accused are released from custody after a bail hearing with relatively minor conditions while others are subjected to strict conditions if released from jail. These bail conditions dictate what an accused person can or cannot do while awaiting the outcome of their criminal case. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location, to maintain a curfew, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes.
In the event of a detention order (denial of bail), the accused will have to bring a special application to the Superior Court of Justice to have his detention order reviewed by a higher level of Judge. For more information on the detention review process, please read: How can I change my bail conditions?.
If sureties are absent, one option may be to postpone the bail hearing to a later date when the sureties are available to attend. There is no limit to the number of times a bail hearing can be postponed; however, a lawyer is usually only retained to appear for one bail hearing appearance. Postponing the hearing may result in additional costs incurred with the lawyer to have them appear on another date.
If an accused person is caught violating any condition of their bail, they may be arrested and brought back to court for another bail hearing. In some cases, the court may revoke the previous bail order or impose more stringent conditions if the Judge grants a subsequent release on a new bail. For more information about violating bail conditions – read: failing to comply with bail.
Following your release, you will meet with your criminal defense lawyer to prepare your case for trial. please read: Criminal Court Procedure for more information on the criminal court process.
There is no substitute for strong, experienced legal representation when going through the criminal justice system. Daniel Brown can help assist with your bail hearing at a cost you can afford. Appointments are available after hours. Daniel Brown can be reached at (416) 297-7200 to arrange a consultation to discuss your specific situation so that you can obtain sound legal advice that suits your needs and objectives.