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Toronto Bail Lawyers

When you have been charged with a crime it is key to understand bail. Bail hearings are one of the most important steps of the criminal process as it is in there that it will decide if you will be discharged before trial, which may take a long time.

At Richmond Hill Affordable Criminal Lawyer Plug you will receive the help you need for a bail hearing as the lack of success will mean your life will be on hold as you wait for your trial.

It is important to know that the Canadian Charter of Rights and Freedoms in section 11(e) protects the right of the accused not to be denied reasonable bail without just cause.

What is a Bail Hearing?

If a person is taken into custody, the police will usually release him/her as their case goes through the court system. But, the law also needs to consider the safety of the public, and the appropriate functioning of the justice system so the accused could continue in prison until their Court appearance.

If you have been charged with a crime and arrested, and the police have not released you you have the right to appear in Court for a bail hearing. At a bail hearing, you will have the chance to discuss your case for release. But it is important not to do it alone you need to call a Toronto bail hearing lawyer that knows how the justice system works.

It is important to call Michael McKee, from Lawyer Plug, as soon as you have been arrested because bail hearings must happen within 24 hours of your arrest. That’s why Richmond Hill Affordable Criminal Lawyer Plug is available to help you 24/7 so call them as soon as possible.

Toronto has seven courthouses. The office hours are from Monday to Friday from 8:30 am to 5:00 pm. They are located at:

What to Expect at a Bail Hearing

The first thing you need to understand is that a bail hearing is not a trial. At a bail hearing, the judge or justice of the peace will determine if you should stay in prison or discharge.

The procedure is as follow:

  1. The Crown presents the claims to the court. Usually, the Crown will read out the claims in the police report. It can also, call a witness or witnesses to give evidence in court. In most cases, the witness is the police officer in control of the investigation.
  2. After the Crown claims have been presented, is time for the Toronto bail lawyer to present proof. The accused’s attorney usually asks the accused or/and a potential surety to testify. Sometimes, it could be more than one potential surety called a witness. The main objective of the Toronto bail lawyer is to convince the judge or justice of the peace, that the accused will comply with the bail conditions, either on their own or with the help of a surety to look after them.
  3. Once the Crown and the Toronto bail hearing lawyer finished presenting the claims. the judge or justice of the peace will decide to either discharge the accused on bail or keep them in custody while they wait for their trial or something that may change the charges.

As you can see a bail hearing is as important as the trial so you need all the help you can have. Contact Richmond Hill Affordable Criminal Lawyer Plug as soon as you have been charged with any crime to have a fair chance to be released until the trial.

What are the Grounds of Detention

Grounds of detentions are all the reasons why the Crown may consider that you should not be let out on bail. There are three grounds of detention:

  1. Primary-The Crown may consider that you will not come to court when mandatory.
  2. Secondary-If The Crown considers that the public will not be safe if you are out on bail or if there is a chance you may commit another crime.
  3. Tertiary-The type of crime you commit, that the public may perceive that the justice system is not working if you are not in prison.

It is key for a bail hearing to be successful to have a bail plan. This bail plan could include a surety. It is in your best interest to discuss this bail plan with your Toronto bail lawyer.

Michael McKee, from Lawyer Plug, can help you determine if you need to present a surety as he has the experience of more than 25 years of criminal law. He and his team of criminal attorneys work in all Ontario courthouses successfully defending people charged with all types of crimes.

Once you have a bail plan your Toronto bail lawyer will tell the court about the plan. As I mentioned before, your criminal defense lawyer may recommend a surety as part of your plan or the court may decide that you need one to set bail.

Who can be a suitable surety?

First, let’s define what is a surety. A surety is a person who consents to supervise a person who has been charged with a crime while they are released into the community on bail until the trial start. In most cases, is a friend or a family member.

You cannot offer someone money to become your surety this is against the law.

Requirements:

  •  be 18 or over
  •  be capable to be present at court to sign the bail
  •  be a Canadian citizen or a landed immigrant
  •  not be involved in the criminal charges
  •  not have any important criminal charges
  •  be capable to monitor the accused to make sure they are obeying with conditions release
  •  be eager to report a breach if one happens
  •  have some financial assets you can present to the court as security
  •  preferably not have a criminal record

A surety needs to make sure that the person charged with a crime goes to court when mandatory; that the accused person complies with the bail terms and to call the police if there is any breach of the bail terms.

If for any reason you cannot appear in court you must call immediately a Toronto failure to appear in court lawyer, such as Michael McKee from Richmond Hill Affordable Criminal Lawyer Plug as you can be arrested for violating the bail conditions.

It is important to understand that a surety, must promise to give the court money if the accused doesn’t comply with the terms of their bail. This is called the quantum of the bail, or the amount of the bail. In most cases, this money doesn’t have to be paid in advance.

The money should be at the surety accounts or property and the court will need to have proof that the money is available. To prove this is easy as the surety will need to present in court a deed or bank statement to demonstrate there is enough money.

The quantum money is only paid if the person charged with a crime doesn’t follow their bail terms.

It is important to have by your side a Toronto bail lawyer so he/she can tell you and your surety what to do in court and to tell the court the amount of the bail it can be promised.

Take notice that it is the judge or the justice of the peace at the bail hearing that determines the security amount.

A surety can ask the court to be removed. If this happens the accused person will be back into custody.

If for any reason you cannot find someone who can be your surety, you might still be released if you tell the court you will be responsible and that you will be under the supervision of the bail program.

These arguments are better presented by a qualify successful Toronto bail lawyer such as Michael McKee from Richmond Hill Affordable Lawyer Plug.

Michael McKee has the experience and the skills to get successful results for you at every step of your criminal case. You want to secure bail, under reasonable terms to have minimal consequences on your liberty.

It is key to understand that the bail hearing can impact your upcoming trial so you need to make sure you have an expert by your side.

Call Richmond Hill Affordable Criminal Lawyer Plug as soon as you know you have been charged with a crime. Because once you are arrested you have 24 hours to make a bail plan.

It is important to have a bail plan, including a surety, to have a solid argument for your released in front of the judge or the justice of the peace at your bail hearing.

Remember you can call day or night seven days a week to Lawyer Plug as there is always someone there to help you.

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