Bail Hearings and Sureties in Ontario, What You Need to Know for Success | Experienced Domestic Defense Lawyer in Toronto and Newmarket
A bail hearing serves critical importance in every stage of a case.
The failure to make bail can exert large consequences on innocent Canadians to plead guilty to charges they did not commit. A successful bail results in liberty, peace of mind and knowing you have a favourable future. Mr. Semyonov is an experienced domestic defence lawyer in Toronto that has extensive experience in legal areas including bail hearing, DUI cases and sexual assault matters.
Mr. Semyonov is a prudent DUI lawyer in Toronto, and our law firm will leverage your individual case in creating an effective and strategic defence for a favourable outcome. He will additionally appear on behalf of you at every court and tribunal appearance, allowing you to focus on your work and family, and not on your pending case.
If you or someone you know has been arrested, we provide you with a guide on everything you need to know about Ontario bail hearings.
What is the purpose of a bail hearing?
Upon an individual’s arrest, they may be released pending the first court date, or be kept in custody. If kept in custody, the accused must be brought forward before a justice within 24 hours for a bail hearing, or for some specific criminal charges, a detention order will be placed in a detention order, for which the accused can apply for a bail hearing before a judge.
If I have not been granted bail, can I apply for a bail review?
Applying for a bail review requires the filing of materials at the Superior Court including a copy of the transcript of the original bail hearing. The time and expense needed to ensure that all materials and documents are in order will take several weeks and large financial costs, so it is vital that you enlist the help of a trusted criminal defence lawyer to advise you on your best course of action and alleviate the complexities of your bail hearing.
What happens when you are held for a bail hearing?
At the time of the bail hearing, the Crown will determine if the accused will be released from custody for the period preceding the trial. The purpose of a bail hearing is for the Crown to ‘show cause’ on why the accused should not be granted release before the assigned court date. Under section 515 of the Canadian Criminal Code, an accused individual will be released pending trial unless the prosecutor proves why detention under three grounds;
- The primary ground; to ensure the accused’s attendance in court,
- The secondary ground; for the protection and safety of the public,
- The tertiary ground; to maintain confidence in the administration of justice.
However, under section 515.6 of the Canadian Criminal Code, the onus is reversed and the accused must provide proof why they should not be detained preceding their trial date. One example might include the onus on the accused where they are charged with failing to comply with a condition of a recognizance or undertaking, while they were on release for an earlier charge that is still pending.
What is a surety?
The chances of an individual being granted bail are increased when they have a responsible surety that can ensure the individual is punctual and abides by all the rules and regulations that have been set.
A surety must be a responsible individual that understands the significance of ensuring that the accused acts responsibly, following rules implemented by the court. The act of being a surety should not be taken lightly, and it is only approved by an esteemed judge if they believe you are properly suited for the duty.
A surety is an individual who is approved by the court to supervise a person who is facing criminal charges. They have two main responsibilities:
- To ensure that the accused follows the rules of the bail;
- To ensure that the accused attends court when required.
A surety is expected to call the police if the accused refuses to attend court dates, or breaks the rules that have been implemented in court. Additionally, a surety is also required to call the authorities if the accused refuses to attend court from the jurisdiction.
If you have been accused of a criminal charge, you need a reliable criminal defence lawyer in Toronto!
If you have been accused of a criminal charge, your bail hearing is an imperative step in the criminal court process. At Semyonov Law, we will appear in court on your behalf to strengthen your case and ensure that all documents are properly presented. We can help you throughout the process, every step of the way.
Contact us today and get experienced legal representation on your side.