The bail hearing is one of the most important aspects to criminal offence proceedings. When someone is arrested and formally charged with a criminal offence, they may be released on their own personal recognizance or held for a bail hearing. The Crown has to evaluate several factors to determine whether the accused poses certain risks and therefore, should not be released on their own recognizance and require a bail hearing.
Regardless of the criminal charges being brought against you or a loved one, you need the assistance of a criminal defence lawyer in Toronto during your bail hearing. The Crown attorney may require a surety as a condition for bail. A surety could be a family member, like your spouse, parent, or sibling or a close friend. The surety has to guarantee they will be responsible for your actions while released on bail and help enforce the terms and conditions of the bail agreement. Not all charges require a surety and in those situations, your Toronto criminal defence lawyer is able to negotiate the bail agreement on your behalf.
In order to be released on bail, you must satisfy the court’s requirements, like appearing at all proceedings before and throughout the trail, not committing any other criminal offences, not fleeing, and not posing a risk to the community. The Crown has the burden to demonstrate to the court why you should be denied bail for certain offences. However, in today’s society, the burden of receiving bail is often placed on the accused. This is why it is essential to have the proper legal defence working in your best interests.
The main benefit of being released on bail is making it easier to prepare a solid defence for your criminal charges. During your release you are free to continue your employment, provide support for your family, and maintain your other obligations. Those receiving bail are more likely to obtain favorable outcomes in their cases compared to those, who have to remain in custody until their trial.
Further, people held in custody are more likely to take a plea arrangement or plead guilty to their charges in order to have their criminal charges resolved quickly to avoid losing their job and their livelihood. The problem with this is it results in the charges going on your permanent record and may cause issues with employment, travel, and other aspects of your life in the future. Additionally, you might face imprisonment for your charges by pleading guilty or taking a plea arrangement. Even if you are denied bail, you have the right to file an appeal through your criminal defence lawyer.
In some situations, after being released on bail you might have a need to modify your bail agreement. It is possible to ask for a modified agreement through the Crown attorney. If the Crown attorney does not agree to the modification, the bail variation has to then be submitted to the Superior Court of Justice for review and the process is similar to a bail appeal.
For more information about the bail hearing process, bail appeals, or bail variations, contact Jeff Hershberg, criminal defence lawyer in Toronto by calling 416-428-7360 for a free consultation.