If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.

Bail, or a Judicial Interim Release, is the release of a person charged with a criminal offence prior to trial. A bail hearing (officially called a “judicial interim release hearing”) is held to decide if someone charged with a crime can be released from custody.

If you have been charged with a less serious offence, such as theft under $5,000, mischief, or drug possession, it is not uncommon for police to release you at the scene on a release order. Police would then provide you with a Promise to Appear document outlining your charges, and any required appearances you must make. This document may also include conditions that you are required to follow while on release.

For more serious offences, you will be kept in custody and require a formal bail hearing to secure your release. When in custody, the law creates a presumption that you should be released unless the Crown prosecutor can prove one of three things: that detention is necessary to ensure you attend court, that detention is necessary for public safety, or that detention is necessary to maintain public confidence in the justice system.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we help accused people beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Toronto Bail Hearing lawyer today by calling (647) 986-8077.

Key Takeaways

  • A bail hearing is the court process for deciding if you can be released from custody while waiting for your trial. It is typically held within 24 hours of arrest.
  • To stay in custody, the Crown would need to prove you might not show up for court, you pose a safety risk, or detention is needed to maintain public confidence in the justice system.
  • Bail conditions vary based on your charge and circumstances but typically include reporting to police, living at a specific address, following curfews, and avoiding contact with alleged victims or witnesses.
  • In some cases, bail requires a financial deposit (surety) from you or someone who promises to supervise you.
  • Even if initially denied bail, you can apply for a bail review if your situation changes or if your first hearing had legal errors.
  • A Strategic Criminal Defence lawyer can often secure your release by proposing a strong “release plan” with appropriate conditions that address the court’s concerns.

How can a bail hearing lawyer in Toronto help?

Our criminal defence lawyers are able to contact the police and the person charged while they are being detained. We make all reasonable efforts to discuss the file with the “presenting officer” or “Duty Crown” and negotiate release without the need for a contested bail hearing.

Although the person in custody must still appear before a judge or justice of the peace, it goes much smoother when the officer or prosecutor in charge is agreeable to release and we present a joint release plan.

Because of these difficulties, while you are held in custody, it is best to contact a Strategic Criminal Defence lawyer as soon as possible to manage the legal processes and communicate with your loved ones. After an arrest, the police must provide you with the opportunity to call us in private and, if that happens, stop questioning you.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail. We understand local courts and can craft a release plan tailored to your specific situation and the concerns of Toronto judges and Crown prosecutors. We can gather evidence specifically relevant to bail, such as proof of employment, community ties, and treatment program availability, which strengthens your release plan.

Bail Hearings in the Criminal Code of Canada

According to section 515 of the Criminal Code of Canada

Judicial Interim Release

Subject to this section, when an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, make a release order in respect of that offence, without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made.

What to Expect During Your Bail Hearing

When you attend your bail hearing, the Judge will consider:

  • Is detention necessary to secure your attendance in court?
  • Is detention necessary to protect the public from a substantial risk of re-offence?
  • Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

Due to the extreme seriousness of the charge, the prosecution will almost certainly ask the Judge that you be kept in jail for the entirety of your case. If you have a prior criminal record involving violence or breaching court orders, being released from custody will be a very difficult task.

We will make a thorough presentation to the Judge demonstrating why you are entitled to be released on bail while your case goes through the justice system.
We will emphasize all your personal qualities that demonstrate that you are not a flight risk, nor will you commit new offences on bail.

Our lawyers are often successful at persuading the Prosecutor in charge of bail to let our clients out. If we can’t convince the Crown, we can conduct a formal bail hearing and work to convince the Court. Our lawyers work hard with you to develop a release plan which addresses the court’s specific concerns about releasing you before trial. This focuses on creating structure and supervision that minimizes any risks the court might worry about. Our lawyers can help design a plan that includes where you’ll live, who will supervise you, and what daily activities you’ll engage in.

If you are ultimately detained, we can appeal that decision on very short notice through a bail review, which is conducted at the Ontario Superior Court of Justice.

Frequently Asked Questions

The hearing begins with the Crown prosecutor explaining why they believe you should remain in custody or what conditions they want if you’re released. They might mention your criminal record (if any), the circumstances of the alleged offence, and any concerns about public safety or whether you’ll attend court. Next, our team can present reasons why you should be released and proposes conditions that address the Crown’s concerns. This might include calling witnesses like potential sureties who can testify about how they’ll supervise you. You generally don’t testify at your own bail hearing.

The justice will consider three main questions: whether detention is necessary to ensure you’ll come to court; whether detention is necessary for public safety; and whether detention is necessary to maintain public confidence in the justice system. At the end, the justice will either order your detention until trial or release you with conditions.

Yes, bail conditions can be changed if they are too hard to follow or if your circumstances change. This process is called a “bail variation” or “bail review.” However, you must follow the proper legal process. You can’t just ignore conditions you find difficult. To change your bail conditions, our lawyers can bring an application in court seeking the changes.

Your bail hearing should happen fairly quickly after your arrest. Under Canadian law, police must bring you before a justice of the peace or judge “without unreasonable delay” and within 24 hours if possible. In most urban areas, bail courts operate seven days a week.