Experienced Toronto Bail Lawyer
We ensure clients have an experienced Toronto and Beyond Bail Lawyer to help ensure release from custody.
The Police can ask the courts to hold an accused in custody until the matter goes to trial. If this happens the Crown Attorney will support this position and will request the Judge that the accused remain in Jail. A Judge will usually go with what the Crown suggests. A public government defender known as Duty Counsel is available to help those in custody and facing a Bail Hearing. Duty Counsel are dealing with many files on a daily basis and are able to assist all the people they can that day. They can deal with anywhere from 12-50 files a day. If a Bail is denied by the courts an appeal can take up to 30-60 days to arrange and that is grounds are found. To give your loved one the best chance at freedom they should have an Toronto Bail Lawyer who has 25 years experience practicing Criminal Law in Ontario.
Affordable Experienced Bail Lawyers.
We offer an affordable bail lawyer Toronto and surrounding areas. We work in all courts in Ontario and take every step possible to work with our clients and there family’s on a one a one basis. Our goal is to ensure we form the best case possible to demonstrate to the courts why the accused should be released. We are keen to ensure our rates are affordable to all residents of Ontario. We understand how tough it can be for family during a crisis and when you speak to our office you will get the sense that we really care about the well being of our clients because that is what we do. We never say no to anyone who needs help that we feel we can assist. Contact us after reading the details below for next day Bail Lawyer Toronto services.
What is Bail?
In Canada, the common use of the word “bail” is in legal terminology referred to as “judicial interim release”. A judicial interim release is the basis on which an accused is compelled to attend court and the means of control over behavior and liberty pending completion of the criminal process. In almost every case the law requires that the accused person must be released pending trial unless the Crown Prosecutor can show cause that the detention of the accused in custody is justified. In some instances, the justice will release the accused from jail with restrictive conditions and a surety to assist with the supervision of the accused in society. The surety will pledge an amount of money (without deposit) which is subject to paid to the courts should the accused breach the conditions of release. A cash deposit it also available (or required) in some cases.
REASONS WHY HAVING EXPERIENCED COUNSEL IS IMPORTANT AT A BAIL HEARING
1. A lawyer may be able to speak with the police and negotiate your release from custody at the police station without the need for a bail hearing.
2. A lawyer can help ensure that your bail hearing proceeds as soon as possible and that you are not detained any longer than necessary.
3. If you are held for a bail hearing, your lawyer will negotiate with the police and Crown attorney to try to secure reasonable conditions for your release. Without the assistance of effective counsel you may be subject to unnecessary and restrictive conditions of release, including house arrest, curfew, or impractical reporting conditions.
4. If a contested bail hearing is required, your lawyer will ensure that any proposed sureties are appropriate and will help prepare them for the types of questions that are likely to be asked at the hearing. It is extremely important that any proposed surety is well prepared before the hearing, as it could make the difference between your detention and your release.
5. Your lawyer will work with your sureties to come up with a plan of release that likely to satisfy the court. Your lawyer can help to secure assessments and treatment for alcohol or drugs, or arrange for some form of counseling. Not only will such treatment be valuable when it comes to resolving your case, but arranging a treatment plan in advance may be key to securing your release and avoiding a detention order.
6. If necessary, your lawyer can arrange to have witnesses attend court and provide evidence at the bail hearing. This can help to identify weaknesses in the Crown’s case and make your release from custody more likely
WHAT IS A SURETY?
A surety is a person who comes forward and agrees to supervise the accused if they are released from custody. A surety essentially acts as the “jailor” for the accused person, ensuring that they attend all court appearances and making sure that they abide by all of the conditions of their release, such a curfew, treatment, or requirements that they not communicate with certain persons or attend certain locations. A surety may be required to pledge an amount of money to the Court to secure the release of an accused person. In most instances, the surety will not be required to deposit money with the court, but will need only to satisfy the court that they have the financial resources to satisfy the amount pledged should the accused person breach the conditions of their release. The amount of money required will depend upon the individual circumstances of each case, having regard to the nature of the charge, the criminal history of the accused and the individual circumstances of the surety.
In order to be allowed to act as a surety a person must be able to meet certain qualifications:
1. A surety must know the accused person and a relationship with the accused such that they will be able to effectively supervise and enforce the conditions of release.
2. A surety should not, as a general rule, have a criminal record.
3. A surety must not already be acting as a surety for someone else.
4. A surety must not have been involved in the criminal offence giving rise to the charges faced by an accused person.
5. A surety must be able to show that they have the financial resources to meet the amount of money that they are required to pledge.
RESTRICTIVE PROVISIONS IN BAIL RELEASE ORDERS:
The Court is entitled to order restrictions on the freedom of an accused if they are released. These restrictions will vary from case to case depending on the circumstances, but the Crown Prosecutor may request terms that are excessive.
Potential restrictive provisions on bail release may include:
1. to remain within a territorial jurisdiction,
2. to reside with their surety or at an address approved of by their surety
3. to notify the officer of any change of address, employment, or occupation,
4. to abstain from communicating directly or indirectly with certain individuals,
5. to abstain from attending certain locations,
6. to deposit their passport,
7. to abstain from possessing any firearm and to surrender any firearms licenses,
8. to report at certain times to the police,
9. to abstain from the consumption of alcohol or other intoxicating substances,
10. to abstain from the consumption of drugs except in accordance with a medical prescription.
An accused person who fails to comply with the conditions of their bail may face additional criminal charges and may have a difficult time being granted bail. A surety who fails to adequately supervise an accused may be sued by the Crown for the full amount of money that they pledged.
FORMS OF RELEASE
If the court is satisfied that the accused should be released, there are a number of options available, including an Undertaking, a Recognizance Without Sureties and Without Deposit, a Recognizance With Sureties and Without Deposit, and a Recognizance with Deposit.
A basic undertaking only requires the accused to appear in court as directed by the undertaking. An undertaking may also impose other conditions, such as to abstain from the consumption of alcohol or not to possess any weapons.
A recognizance requires an accused to follow certain conditions with a financial penalty if they are not followed. The recognizance can be for any amount the court determines would be appropriate based on all of the circumstances (the accused’s financial situation, the circumstances of the offence, the likelihood of the recognizance not being complied with, etc.).
The court may require that sureties be added to the recognizance in order to help ensure compliance. Sureties are jointly and severally liable for the amount of the recognizance.
If the accused is not an ordinary resident of the province where they are in custody, or they do not ordinarily reside within 200 kilometers of where they are in custody, the court can require that they deposit a sum of money or valuable security, which they will not get back until their matter is disposed of. Sureties are an option in this situation.