Bail Lawyer Toronto

How does bail work in Canada?

In Canada, a person charged with a crime is presumed innocent until proven guilty, and they generally have a right to be released on bail unless there’s a justified reason to keep them in custody, such as concerns about court attendance, public safety, or further offences. The process starts with arrest and detention, followed by a bail hearing held within 24 hours or as soon as possible. The court will decide whether the accused should be held or released, often setting bail conditions like reporting to the police or avoiding certain people. A surety, someone who agrees to supervise the accused and ensure they follow bail conditions, might be required.

If the accused doesn’t adhere to their bail conditions, they can be arrested and detained until trial. At the end of the trial, bail conditions cease. Throughout this process, the accused or their surety may be obliged to forfeit an agreed-upon amount if the bail conditions aren’t followed.

Do I have to post a bond? 

In Canada, securing bail doesn’t involve an upfront payment, meaning an individual doesn’t need to pay to be granted bail. Nonetheless, they or their guarantor might be required to promise a specific sum that must be paid if the accused fails to adhere to the terms of their bail.

How long do bail conditions last in Toronto?

In Toronto, as in the rest of Canada, bail conditions typically remain in place until the legal proceedings have been concluded. This means they last until there’s a verdict (guilty or not guilty) at trial or until the charges are withdrawn or otherwise resolved.

What happens at a bail hearing in Ontario?

A bail hearing in Ontario is a court procedure where it’s determined whether an accused individual will be held in custody or released until their trial. The Crown (prosecutor) and the defence present their arguments, with the Crown arguing for detention based on factors such as potential flight risk, possible further criminal activity, or public safety risks. The defence argues for the accused’s release, often proposing a release plan with certain conditions the accused will follow.

After both sides have presented their cases, the judge or justice of the peace makes a decision. If bail is granted, conditions for release are set, which could include reporting to the police, not contacting certain people, and possibly securing a surety. If bail is denied, the accused will stay in custody until their trial or a successful review of the detention order.

What happens if you are denied bail in Ontario?

If you are denied bail in Ontario, you will be held in custody until your trial is completed. This means you’ll stay in jail during the period leading up to your trial, which could be weeks or even months, depending on how quickly the trial can be scheduled.

If you believe that the decision to deny bail was incorrect or that the circumstances have changed since the decision was made, you may be able to apply for a review of the bail decision. This is sometimes called a bail review or a bail appeal. Sam Goldstein can help you present your case to a higher court and argue for a change to the original bail decision.

Sam understands the key to a successful bail hearing is Surety preparation. As a former prosecutor he knows what questions will likely be asked at a bail hearing and therefor he can use that knowledge to properly prepare your surety ahead of time for the “difficult” questions. This means meeting with all of the proposed sureties in order to prepare them for the types of questions they will be asked at a hearing by the judge or prosecutor. One wrong answer at the bail hearing can often be the difference between securing a release and remaining behind bars.

If you have been contacted by the police and instructed to turn yourself in, Sam will be able to assist in your surrender and begin negotiating your conditions of release ahead of time to obtain bail on reasonable terms. This strategy ensures that the client’s liberty is minimally restricted and removes the potential that you will be denied bail at the bail hearing because your speedy release is important.

If you have been denied bail, then you can have your matter judicially reviewed by a higher court. Sam is often referred to cases from other lawyers who had difficulties at the bail stage. If you are acting on behalf of a person who has been detained, then call Sam Goldstein Criminal Law Trials and Appeals to assist you in reviewing your loved one or friend’s bail hearing 

FAQ

What happens during a bail hearing?

In Toronto, a bail hearing is held to determine whether someone accused of a crime should be released from custody while awaiting trial. The Crown and defence present arguments about release, conditions, and risk factors. The court considers factors such as the seriousness of the offence, criminal history, ties to the community, and whether the accused poses a flight risk or a threat to public safety. The judge or justice of the peace decides whether to grant bail, impose conditions, or order continued detention.

Bail Hearing

Upon your arrest the police have the choice to release a person charged with a criminal offence from jail without requiring a bail hearing. Police will generally hold a person for a bail hearing where they have concerns establishing your identity, concerns that you will interfere in their investigation by destroying property or continuing the offence; or, concerns that you will not show up to court.

Surety

A surety is somebody willing to supervise you while you are released on bail and will be responsible for ensuring that you are following all of the conditions of your bail. Depending on certain circumstances, you may be required to live with your surety and the surety will likely be required to pledge a monetary amount towards the bail. This monetary pledge ensures that the surety will properly supervise you –or risk losing their money should they fail to do so.

Conditions of Release

If you are released on bail the Court will impose conditions upon you that you must follow or risk being charged with failure to comply with you bail thus making it even more difficult for you to be released for a second time. These conditions of release may include a requirement to report to a police station on a regular basis, to remain away from a specific area or location, to maintain a curfew, to notify the peace officer of any change in address or employment or occupation, to abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the order, or any other conditions that a judge imposes.

Judicial Review

If you are denied bail at the initial stage then you can apply to have a Superior Court Judge review your detention. Judicial Review is on a limited basis. You must show the reviewing court that there has been a change in your circumstances to justify your release or that the bail court justice made an error in detaining you. The limited review of a detention order is why you need experienced counsel at the initial stage and why you need experienced counsel to ensure that errors by the bail court are reviewed.