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Bail Hearings Defence Lawyer in Toronto, Ontario

Bytensky Shikhman Criminal Law Firm is committed to assisting clients with experienced criminal lawyers that are available on short notice when a bail hearing arises.
Bail Hearings Defence Lawyer in Toronto, Ontario

Nothing is more urgent in a criminal case than obtaining speedy and reasonable bail. Contact one of our criminal lawyers at the earliest opportunity to address your bail rights.

If you are arrested for a crime, call on the Bytensky Shikhman Criminal Law Firm’s extensive experience to advise and assist you. Our criminal lawyers have successfully argued thousands of bail hearings, ensuring that our clients can go on with their lives and jobs while waiting the many months that often pass before a trial. Our success at bail hearings is unsurpassed and includes hard-fought victories on both 1st and 2nd degree murder charges.

The first few hours after being charged with a criminal offence are often the most critical. Decisions and statements made at this early stage can dramatically affect the outcome of a trial months or even years down the line.

Boris Bytensky is the defence representative on a province-wide task force examining changes to the current bail system. The knowledge and experience of these senior partners is shared throughout the firm and leaves our lawyers supremely well prepared to argue difficult bail hearings even on short notice in emergency situations.

A poorly run bail hearing could have disastrous consequences for the average person, resulting 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, we can ensure that the conditions the court sets 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.

In addition to our extensive experience conducting bail hearings in the Ontario Court of Justice, the lawyers of Bytensky Shikhman are also often called upon to argue bail reviews in the Superior Court.

If you feel you have been unjustly denied bail, we urge you to contact our office to consider the possibility of appealing that decision.

It is absolutely essential that you make contact with your lawyer at the earliest opportunity, as bail reviews with the Superior Court require considerable document preparation, including acquiring transcripts of the original charges. Until all these materials are prepared and filed, you will have to remain in custody. Our office will work quickly to gather the necessary documentation and prepare a powerful argument to be heard by the Court at the earliest opportunity.

Since 1975, Bytensky  Shikhman Criminal Lawyers have been a leading criminal law firm in the Toronto and Southern Ontario area.

FAQ

A surety is a person who comes before the court and agrees to supervise an accused person while they are on bail in the community. The surety, who is usually a friend or family member of the accused person, is responsible for ensuring the accused person follows the conditions on his or her release order and attends court as required. It is the surety’s job to call the police if the accused is not following their conditions.

To satisfy the court that the surety will fulfill his or her obligations, the surety promises a sum of money to the court that the surety is liable to lose if the accused person does not follow his or her conditions. There is no set amount that a surety must pledge. The amount is set on a case-by-case basis depending on factors such as the surety’s assets and income, the accused’s record and prior compliance with bail, and the seriousness of the charges.

For more information, please click the link “What Sureties Need to Know”

The default position in the Criminal Code is that an individual accused of committing an offence ought to be released on bail. If the Crown seeks to detain an accused person pending that person’s trial, the Crown must demonstrate to the Court that the accused’s person detention is necessary on at least one of three grounds:

1. To ensure the accused person attends court;

2. To protect public safety; or

3. To maintain confidence in the administration of justice

In a reverse onus situation, the presumption of release no longer applies, and it is the Accused who must demonstrate to the court that he or she should be released.

No. All charges, even the most serious ones, are eligible for bail. If, however, you are charged with an offence listed in s. 469 of the Criminal Code—which includes offences such as, treason, piracy, and murder—special procedures apply. In these cases, the accused person must apply to the Superior Court for bail and will typically only be released on a very stringent bail plan with a high degree of supervision.

If you are denied bail you can apply for a “bail review” pursuant to s. 520 of the Criminal Code. To be successful on a bail review, an accused person must demonstrate:

· That there has been a material change in circumstances since the first bail hearing;

· That the Justice of the Peace made a legal error in the original bail decision; or

· That the original decision is clearly inappropriate

Yes. In some cases, the Crown may agree to vary your conditions after your release. This is called a consent variation. To determine whether to consent to the proposed change, the Crown will consider factors such as the reason for the request and your previous compliance with bail. In cases where the Crown will not consent to the variation, you will need to bring an application for a bail review.

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    testimonials

    What Clients Say About Us?

    Marya Mohamed
    Marya Mohamed
    2024-02-07
    Ms. Sonya is just an absolute incredible lawyer. I would say the best. We worked with her for my brother’s bail. Where we were scared and full of anxiety, she made everything just so simple and easy for us. She got bailed him out and everything worked out perfectly. Felt really comfortable with her because she made ensure we are comfortable. Her work I would say is amazingly exceptional. Thank goodness for her and her whole team!
    Hussain Chaudry
    Hussain Chaudry
    2023-08-03
    Great team
    Gurkirat Rai
    Gurkirat Rai
    2022-11-20
    Spoke with Mr. Boris on the phone, with respect to a appeal And I got to say he's a very honest professional individual, very unique in nature. He will tell you straight up if you have grounds of appeal or merits. If you will win or lose. Great personality to work with, someone who cares about Justice over money. Thank you
    Sabrina Conliffe
    Sabrina Conliffe
    2022-11-09
    Brittany Smith is a very professional and hard-working lawyer. She dealt with my case quickly and effectively. Also, she explained everything along the way. Everyone should have this type of lawyer in their corner. Thank you very much!
    Danielle West
    Danielle West
    2022-11-09
    A family member of mine used Ms. Shikhman as their lawyer. From the beginning of the process, she was absolutely fierce in looking after his interests. She secured the most reasonable bail conditions that we were told by other lawyers would be impossible to get. After a complicated long trial we got a “NOT GUILTY” from the jury! We could not be more grateful for all of her hard work.
    Ta
    TA
    2022-10-21
    Brittany Smith is more than an excellent Criminal Lawyer! She put all her effort on my case, days and nights. I can’t thank you enough Brittany. You nailed it..
    Nesf123
    Nesf123
    2022-10-04
    Sonya is an excellent lawyer who provided the best outcome for my case. I consulted with many lawyers before deciding to work with Sonya. She is honest, professional and delivers on her word.
    Chris Gove
    Chris Gove
    2021-06-23
    Very knowledgeable and easy to reach.
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