Bail hearing and Bail order reviews
DO YOU HAVE A RELATIVE OR FRIEND WHO HAS BEEN ARRESTED AND NEEDS A BAIL HEARING LAWYER TORONTO?
When it comes to criminal justice, securing a bail is often the first step. There are many reasons why this is vital, not the least of which is the desire of the accused’s family to release him from jail. However, bail has some less obvious benefits as well. When an accused is detained, his negotiating position is negatively affected, and he may be tempted to admit guilt for something he didn’t do in order to avoid jail time. When the alleged crime is more serious and the accused is in custody until trial, the preparation for the trial will likely suffer since it will be more difficult to meet and speak with a criminal lawyer. Thus, a properly run bail hearing is very important and the accused should be given reasonable bail with fair conditions so that he can continue with his life and prepare for his defence.
APPROXIMATELY HOW MANY BAIL HEARINGS CAN BE HELD? INFORMATION FROM A LEADING BAIL LAWYER
In short, one can adjourn a bail hearing many times, however, if it starts and ends unsuccessfully, that is the only opportunity available at a certain court level (typically the Ontario Court of Justice). If a detention is ordered, an appeal (also known as a bail review) is filed in what is often called High Court (the Superior Court of Justice, which is located in Toronto, Newmarket or Brampton). A bail appeal may take several weeks as a transcript of the hearing needs to be prepared, and these appeals are heard only during certain days of the week. Thus, it may be better to make your appeal with the help of a bail hearing lawyer right from the start.
What are the duties of a surety?
To begin with, there is nothing you can learn about surety by watching television. In fact, the bail system in the United States is quite different from that in Canada. Sureties protect the accused while they are on bail. Historically, it has been said that the surety is like a jailer in the community for the accused. This responsibility, however, is limited by the amount of bail ordered by the Judge (unless the surety actively participates in the breach, which could lead to criminal charges). A hearing in Superior Court will be scheduled if the accused breaches bail and the Crown goes after the bail money (or if the judge “marks bail for estreat”). The surety and the accused will be given an opportunity to argue that they should not lose the money. Even though this hearing can be conducted without a lawyer, it is strongly recommended to do so if the bail amount is at least somewhat substantial.
HOW DO BAIL HEARING LAWYERS FULFILL THEIR RESPONSIBILITIES?
In general, the lawyer will prepare the surety at first so that he or she feels confident taking the stand and answering questions in court. By examining the surety in open court, the lawyer will be able to extract crucial information from him. Next, the Crown will cross-examine the surety and try to persuade the presiding judge not to release the accused.
It is important that the bail lawyer focus on ensuring the judge that:
The accused will come to court whenever a summons is issued, (b) he/she won’t commit another crime while out on bail, and that; (c) society wouldn’t be incensed if the accused is released. Are you looking for a bail hearing and review lawyer Toronto? Get in touch with SC Criminal Defence today!