Bail Hearings Defence Lawyer in Toronto, Ontario

Everyone charged with a criminal offence has the constitutional right to timely and reasonable bail. Many have described bail as the most important phase of any criminal case, as the failure to obtain timely bail can result in spending weeks of months in custody pending trial, and will often cost people their jobs, their housing, their community supports and so much more. Even if bail is granted, the terms of release can sometimes cause enormous challenges to an individual, to their children and families, to their employment and to their overall well-being. 

In most cases, the police have some discretion to release someone they have detained or arrested with conditions and an agreement to come to court to face the charges. Despite this discretion, in many cases, the police will hold an individual in custody until they are brought before the Court to face a bail hearing. This decision is based on many factors, including the nature and seriousness of the allegations, the individual’s prior criminal record and whether or not they are currently facing other charges. If a decision is made to hold someone for a bail hearing, they will be brought to Court, and a Justice will determine whether or not release pending trial is granted and, if so, on what terms.  

Hiring the right lawyer to address the issue of bail is crucial. If you or someone you know is under investigation or has been asked to surrender into custody, contact Bytensky Shikhman Barristers as soon as possible so we can assist in formulating the best approach to addressing the question of bail. That may range from negotiating a release from the police station without having to go through Court, to negotiating the timing and details of a surrender to minimize the time to be spent in custody pending the bail hearing. If someone you know has been arrested and is in custody, contact us as soon as possible so we can assist in preparing the most effective plan to present to the Court at the bail hearing.  

The Steps to a Successful Bail  

1. Design a Bail Plan 

Every case is unique. The lawyers at BSB have all conducted many successful bail hearings and will design the best strategy for the unique circumstances of your case. We will assist you in crafting an appropriate bail plan to maximize your changes of release with as few restrictions as possible. 

The proposal that is made to the court for release – sometimes called a “bail plan” – can take many shapes. The level of supervision and restriction needed will depend on a number of factors that vary from case to case and individual to individual.  

The vast majority of bail plans have a financial element, which is an amount that is pledged in support of the proposed release. Where a person lives outside the general geographic region of the Court, a deposit of some or all of this pledge may be required. In most cases, however, a pledge to pay, without deposit, is sufficient.  

Some bail plans require a surety. This is a person, often a family member or friend, that is required to supervise you in the community to ensure you comply with your bail conditions. In some cases, the court may require a person charged to live with one of their sureties. Sureties generally also make a financial pledge to the court, although a deposit is only rarely required. 

The quantum of the financial pledges required from defendants and sureties varies from case to case, and typically depends on their respective financial circumstances and the seriousness of the allegations.  Generally, the amount should be sufficient to deter the person from suffering the financial consequences of a breach of the bail terms. If the conditions of the bail are not followed, or if the person fails to attend court, the accused and the surety could lose some or all of the money pledged, including any money deposited. 

Conditions of bail are typically structured to the allegations being faced. Where personal violence is alleged, it is common to be restricted from communicating with the alleged victims or from being in their presence, although there are often exceptions to these provisions that are specified. For offences involving the alleged misuse of technology, restrictions on the use of technology may be imposed. More restrictive bail plans may include a curfew, house arrest and/or GPS ankle monitoring. 

Communicating with the Crown and conducting the bail hearing.  

Every individual charged with an offence must be brought before the bail Court within 24 hours of arrest. In most cases, this includes the right to have the question of bail addressed within that 24 hour period. In some cases, the prosecutor may seek to have an accused person remanded in custody for up to three days and sometimes an accused person will need more time to prepare an appropriate plan for release. An individual facing the most serious criminal charges, such as murder, still has the right to seek bail, although that hearing takes place in a higher court, and does not have the same strict time requirements. 

Once we are retained to assist with your bail, we will attempt to communicate with the Crown’s office as quickly as possible and we will attempt to negotiate the most efficient and effective form of release. In practice, this often obliges us to convince the prosecutor that your unique circumstances and the circumstances of the case do not require them to seek your detention and do not justify any delay in proceeding with your bail matter. If the Crown is not willing to consent to your release or to agree not to seek your detention in custody, we will conduct a contested bail hearing to persuade the court that you should be released on the proposed plan, and we will seek to do so at the first reasonable opportunity to do so, without any additional delay, and will strongly oppose any unjustified attempts to delay your bail hearing due to limitations on court resources or the lack of court space.  

What if my bail hearing has been inappropriately delayed? 

In some cases, we have successfully argued that criminal charges against an accused person should be stayed for the failure of the prosecution to permit a timely bail hearing to take place. In other cases, we have successfully argued that evidence gathered by the police during any period of time where a bail hearing was delayed should be excluded. If you believe that your right to a timely bail has been denied, if your matter is still before the court, we may be able to assist in seeking an appropriate remedy. 

What if I’m denied bail? 

If you or someone you are assisting has been denied bail, the decision of the court can be reviewed in certain circumstances. There are potentially various different routes that a review of the detention can proceed, depending on a number of different factors. Most, but not all, of these reviews are conducted at a higher level of court. Generally, these reviews must be based on a change of circumstances from the time of the original bail proceeding, or the ability to demonstrate that the original justice committed a legal error in refusing to grant bail. Sometimes, a change in the circumstances of your case will lead the Crown to agree to a release, even if bail was initially denied. 

If you have been denied bail and would like to discuss having that decision reviewed, please contact our lawyers to speak further about these possible steps.