Bail Hearing Law

Arrested and charged with a criminal offence? After an arrest, the police can either release you with a notice to appear in court, conduct further investigations, or hold you in custody. If you’re held in custody, you have the right to be brought before the court for a bail hearing. A skilled lawyer like Kajol Panchal can put the best possible bail plan before the courts to secure you bail on your criminal charges.

Bail

If you have been arrested, you will have the right to a bail hearing before a judge. The bail hearing is not the trial, but you must come in front of a judge to determine if you must stay in custody or can be released. At the bail hearing there may be conditions set if you are granted bail and released, such as you may have to reside with a friend or family member, or that you do not leave the province.
The judge will consider different factors when deciding whether you should be released :
  • The seriousness of the offence.
  • If you’ve missed a trial date in the past or are considered a flight risk.
  • Whether you currently have a criminal record or other pending charges.
  • If you have a family, job or a business that you need to tend to.
  • The amount of bail to be paid depends on many aspects. A Bail Hearing Lawyer will defend your case before the court to ensure you get a reasonable bail and keep your freedom while you wait for your trial.

At your bail hearing, the Crown must demonstrate why they believe you should stay in custody. While your lawyer will help show why you are entitled to be released. Your first bail hearing will occur at the Ontario Court of Justice and sets the tone for what will follow. It becomes a lot more expensive and a lot more difficult to get you released, if you do not put your best foot forward the first time. That is why it is very important to have strong representation at your bail hearing.

The judge may decide to release you without any conditions, but if conditions are necessary, the judge will outline what they are and why they are being imposed. The key is to follow the conditions while out on bail so you can avoid being arrested for failing to follow.

If the judge decides to hold you in custody, you will be held in a local detention centre until your trial.

By law, police must let you contact a lawyer. During your private meeting with our lawyers, be prepared to discuss the charges and if you have a previous criminal record, your medical history, as well as names and phone numbers of friends or family that can act as your surety if the judge requires it. Your lawyer then will review the charges and plan before your bail hearing.

Bail hearing lawyer Kajol Panchal has successfully represented clients ranging from all criminal charges who have faced all grounds of detention. She does not shy away from an uphill battle and we will work tirelessly to ensure you get released at your bail hearing and get the justice you deserve.

Get Help:

    How Can aBailLawyerHelp Me?

    A bail lawyer can assist you in several ways if you're facing criminal charges and seeking release on bail. Kajol Panchal can provide you with expert legal advice regarding your case and explain the bail process to you. She can help you understand your rights and options. Her primary goal is to secure your release from custody while your case is pending and to protect your rights throughout the legal process.
    1
    What is a bail hearing?
    In Ontario, Canada, a bail hearing is a court proceeding where a judge determines whether a person who has been arrested and charged with a criminal offense should be released from custody pending trial. During the bail hearing, the judge considers factors such as the seriousness of the offense, the person's criminal history, ties to the community, likelihood of appearing for future court dates, and whether they pose a danger to the public.
    2
    What happens at a bail hearing?
    A bail hearing is held in a courtroom in front of a Justice who decides whether to grant or deny bail. During the hearing, the Crown Attorney presents the charges laid against you and decides whether to contest your release or support your release back into the community. Kajol Panchal shows and convinces the court why you should be released from custody.
    3
    What is surety?
    A surety is a person who takes responsibility for ensuring that the accused person (the defendant) complies with the conditions of their bail if they are released from custody pending trial. The surety essentially guarantees to the court that they will supervise the defendant and ensure that they appear for all court appearances as required and comply with any other conditions set by the court.
    4
    What determines my chances of success at a bail hearing?

    Several factors can influence your chances of success at a bail hearing. While the specifics can vary depending on the jurisdiction and individual circumstances, here are some common factors that may affect the outcome:

    • Your prior criminal records (if any)
    • The gravity of the allegations against you
    • The strength or weakness of the evidence in your case
    • Quality of the potential surety
    5
    How long do bail conditions last in Ontario?
    In Ontario, Canada, the duration of bail conditions can vary depending on the circumstances of the case and the decision of the court. Typically, bail conditions remain in effect until the conclusion of the criminal proceedings, including the trial and any sentencing hearings.