Why Do I Need a Toronto Bail Hearing Lawyer?

The Canadian Criminal Justice System and Canadian Charter of Rights and Freedoms allow for an individual charged with a criminal offense the right to a bail hearing. It is important to stress, while the law does allow for a bail hearing, this by no means implies the individual will be granted bail.

The Court needs to take into consideration what risks the suspect poses to the general public, the likelihood of committing further criminal offenses and their potential to flee if they are released. The Crown will also strongly make their preferences known to the Court on whether it believes bail should be granted.

It is for these reasons you should not face a bail hearing alone and should get help from myself, Toronto bail hearing lawyer, Jeff Hershberg. The bail hearing can be a complex procedure as there are different conditions one may need to satisfy in order to meet the Court’s requirements for bail.

For instance, it is not uncommon for the Court to require a surety during the bail hearing as a condition for release. A surety is a family member of close friend that agrees to be responsible for the suspect and their actions while released on bail. They have to guarantee to the Court they will also enforce the conditions and terms of the bail and report any violations.

Whether a surety is required is directly related to the type of criminal offense you were charged with and other factors. If you have a past criminal record or other pending criminal cases against you, the Court may be more reluctant to grant bail or could demand you have a surety.

For less serious types of offenses, a surety is not always required. Your lawyer is able to negotiate the terms and conditions of your release on your behalf. Securing release is often pivotal for being able to properly prepare your defense to the charges.

In addition, while out on bail you can often continue to work, earn an income, and support your family. You cannot do these things if your bail is denied and could actually lose your job. Furthermore, preparing your defense can be more challenging because you only have a limited amount of time to spend with your lawyer.

Even in cases where you are being charged with a minor offense like shoplifting, you still need help from a bail hearing lawyer if being held for bail. While the charge might seem trivial and you may think you can secure bail on your own, the Court may decide to make an example of you and set the maximum bail amount to deter others from committing this crime. In some cases, you might be denied bail if there is a high likelihood the Crown can establish that you would commit further theft offenses if released.

If you have been called to appear at your local police department or someone you care about has been arrested and charged with a criminal offense, please feel free to contact me, Toronto criminal defense lawyer, Jeff Hershberg at 416-428-7360 now to schedule a consultation.