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BAIL
Bail Hearings
Bail is among the most critical stages in the Canadian Criminal Justice system, as the decision to detain or release you before trial can have a profound impact on your freedom and your ability to effectively prepare your defence. If bail is denied, it can lead to significant disruptions in your life, including your job, your family, and your overall well-being, as it could take a very long time to have a Detention Review Hearing, if you are ordered detained.
It is vital to obtain experienced legal advice at this most important phase, and not make the decision to conduct the hearing on your own or on a “whim” out of desperation to regain your freedom. You should have a lawyer who will take the time necessary to prepare a proper release plan and know the particulars about your case, including your version of the occurrence, the legal weaknesses in the Crown’s case and your community support network to develop a strong release proposal. Your history, employment status, ties to the community, and the proper context to your case and personal circumstances can be presented to the court in the most effective way by an experienced lawyer to assure the greatest chance of release pending resolution of your case.
When the police/crown recommend that you be held in custody, you have a Constitutional right to a Bail Hearing, which must be held or heard within 24 hours of arrest. At a bail hearing (or Judicial Interim Release), the Crown must ‘Show Cause’ why you should be detained, in most cases. There is a presumption at law the Canadians not be held in custody unjustifiably. If the Crown opposes release, your lawyer can present your case for release, which should be advocated by legal counsel, with the necessary knowledge and understanding of the legal system. Under the Canadian Charter of Rights and Freedoms (‘the Charter”), everyone is entitled to reasonable bail unless there is a compelling reason to keep them in custody. The onus is usually always on the prosecutor to show cause why a person should be held in custody. There is a presumption at law, that the accused will be released. These factors are referred to as the primary, secondary, and tertiary grounds. In short, a person’s criminal record, particularly if it is related and/or serious (violent offences, or a lengthy record), breaches of court orders and failing to attend court, and/or a substantial likelihood that they will re-offend on release, are the hurdles to overcome at the bail hearing. The factual circumstances of any given case must be scrutinized heavily, as Justices can still order detention in the face of strong release plans, which is why a lawyer, successful and keenly familiar with the entire process, with an ability to negotiate a release plan with the Crown ahead of the hearing, is absolutely crucial.
A Court may order detention if it believes that you pose a flight risk, if there is a significant likelihood that you will re-offend, or if your detention is deemed necessary to maintain public confidence in the justice system. These factors are carefully considered by the court in determining whether you should be granted bail. Your greatest chance of achieving the assurance of a “consent release” is through the expertise and reputable history of a lawyer who knows the process inside and out. Patmore Criminal Defence has conducted hundreds of Bail Hearings from the most minor to very serious allegations. We can help you today.
How Does the Bail Process Work?
When people are arrested, they are taken to the police arrest processing unit or District Office. Within 24 hours or less, a Bail hearing is scheduled before a Justice of the Peace (“JP”). The JP determines whether the accused can be released on bail while awaiting trial. In making this decision, the judge assesses factors such as the seriousness of the charges, the individual’s criminal history, connections to the community, and the risk of flight or re-offending. It is nearly always preferable to take the time to discuss the facts and all circumstances with your lawyer, for the presentation of the best possible release proposal for the court. At times, this can mean waiting to present the case to a Provincial Court Judge, if it is going to be lengthy or contested. It all depends on the facts and uniqueness of your case.
When bail is granted, it often comes with conditions. These may include regular check-ins with a bail supervisor, surrendering a passport, or other restrictions designed to ensure the accused's compliance. Bail can be granted with or without a surety—a person who agrees to take responsibility for ensuring that the accused follows the bail conditions.
If bail is denied, the accused can remain in custody until the trial. It is for this reason that bail hearings not be conducted on a whim or expedited for the purposes of trying to secure release without putting proper preparation into assessing the evidence and structuring the best possible bail plan. If the accused is ordered detained, in order to review the detention, new evidence or a change of circumstances must be brought to a reviewing Justice in order to review the case, and determine if bail should be granted, thereafter. This can take months, and the procedural formalities involved are extensive. Contact Patmore Criminal Defence today to evaluate your case.
When a person is charged with a criminal offence, the police have the option to release him/her from jail without requiring a bail hearing. However, if the police have specific concerns, they will typically hold the individual for a bail hearing. These concerns may include the need to confirm the accused's identity, fears that the accused might tamper with evidence, concerns that the accused may reoffend or commit new crimes, or a belief that the accused may not appear in court as required. If any of these concerns exist, the police are more likely to keep the accused in custody for a bail hearing rather than releasing them from the police station.
Your Rights Are Our Priority
Committed To Getting You Home.
Ryan Patmore has built a strong reputation for successfully securing bail for individuals facing serious criminal charges. His extensive experience in the legal field has equipped him with the knowledge, expertise, and strategic acumen necessary to navigate the complexities of the bail process. Ryan's unwavering commitment to justice and dedication to his clients is evident in every case he handles.
He understands the critical importance of securing timely release for his clients, enabling them to prepare their defence and protect their rights. Aware of the gravity of the charges his clients may face, Ryan offers compassionate support and personalized guidance throughout the bail application process, ensuring his clients feel informed and supported every step of the way.
Frequently Asked Questions
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In Canada’s bail process, a surety is a person who takes responsibility for the accused and ensures they follow the conditions of their bail. A surety can be a family member, friend, or someone with a close relationship to the accused. The surety must be at least 18 years old and have a good reputation within the community. They are responsible for supervising the accused, ensuring their court attendance, and reporting any violations of bail conditions to the authorities. In some cases, the surety may also pledge a sum of money, which can be forfeited if the accused fails to comply with the bail conditions.
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Several common conditions may be imposed on an individual out on bail to ensure public safety and compliance with the legal process. These conditions might include regularly reporting to a bail supervisor, avoiding contact with certain individuals involved in the case, staying within a specific jurisdiction, surrendering passports or travel documents, and refraining from possessing weapons, drugs, or alcohol.
Additional conditions could include adhering to a curfew, submitting to electronic monitoring, or attending counselling or treatment programs. Failure to comply with these conditions can lead to the revocation of bail and the accused being returned to custody.
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The consequences of violating bail conditions can differ based on the seriousness of the breach and the specific circumstances. The court may decide to revoke bail and issue a warrant for the individual's arrest. Once arrested, the person might be held in custody until their trial. Additionally, they could face new charges for breaching bail, resulting in further legal complications and potential penalties if convicted. It's essential to follow all bail conditions to remain free and ensure a fair legal process.
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In Canada, the Crown typically has the burden to show cause why your detention is justified. It must rely upon the grounds that you will either not appear for court, or that you will re-offend or interfere with the administration of Justice on release. Criminal records and the severity of the offence are the most demonstrative factors in these instances. However, in certain situations, the onus falls at your feet to show cause why you should be released.
If you re-offend while out on bail and the Crown successfully revokes your previous bail, then it can become your onus to show cause why you should be released. There are also certain serious offences (such as homicide) when the legislation dictates that you must show cause why you should be released.
It can be particularly difficult to gain release in these circumstances, and choosing the right lawyer is vital in these instances.
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At your bail hearing, if you do not have an extensive or related criminal record, or history of failing to appear in court, it may be difficult for the Crown to justify your detention. However, other factors may come into play depending on the factual matrix of your case, making it unique. The right lawyer will discover these issues.
Considerations:
Primary Grounds: Will you appear for your future court appearances? Your criminal record or lack thereof, is usually the determining factor.
Secondary Grounds: Is there a substantial likelihood that you will re-offend if released? The operative word here is "substantial", and a criminal record is highly relevant. However, the right lawyer can present the proper bail conditions to satisfy the court that this factor can be tempered.
Tertiary Grounds: Will the public lose confidence in the Justice System if you are released? This factor was typically reserved for the most heinous of crimes, but in recent years, it has been raised more often, but more seldomly than the others. The right lawyer will expose the necessary counter-arguments to this ground for detention.
The cost of Bail varies based on the charges, Criminal History, and many other factors; it is essential to consult with a Lawyer to understand your specific situation.
In the Canadian Criminal Justice System, bail is generally not viewed as a payment required for a person's release. The vast majority of bail orders do not require any money to be paid to the court before the Accused is released. Instead, bail conditions are set to ensure that the Accused complies with the court's requirements while awaiting trial.
Surety and Financial Responsibilities:
When bail involves a surety—a person who pledges responsibility for the accused—this individual signs an agreement to ensure that the accused follows the bail conditions and appears in court as required. If the accused adheres to all conditions and attends court as scheduled, the surety will not be required to pay any money.
Consequences of Non-Compliance:
However, if the accused violates any bail conditions or fails to appear in court, the Crown prosecutor can apply for what is known as a treatment of bail. This means the surety may be asked to pay some or all of the bail amount they initially pledged. In such cases, the surety has the right to present their case in the Superior Court, arguing that they fulfilled their duties in supervising the accused. The judge will then decide whether the surety should be held financially responsible.
Exceptional Cases:
In certain rare circumstances prescribed by the Criminal Code, the court may require the accused to deposit a sum of money upfront as part of their bail conditions. These cases are exceptions rather than the rule, often involving situations where the court deems it necessary to secure the accused’s compliance.
What do you do?
Failing to Comply with Bail
Violating any condition on a recognizance of bail, undertaking to a police officer, probation order, or peace bond is generally a criminal offence. If found guilty, individuals may face severe penalties, including jail time and a criminal record.
A conviction for breaching bail conditions can significantly hinder future chances of being granted bail. Given the serious nature of these allegations, it is essential to hire a skilled lawyer like Ryan Patmore to defend against these charges.