Bail Hearings Lawyer

The bail hearing is the legal process whereby a justice of the peace or judge decides whether someone accused of a crime will be released or detained while waiting for trial. It is decided based upon several factors such as the nature of an alleged offence, the criminal background of the defendant, the likelihood of showing up in court, and any potential danger to the public.

It is important to note that the bail hearing differs from a court trial. The bail hearing is not meant to determine guilt or innocence. It’s more about assessing if the defendant can be relied upon to appear in court and follow any rules set by the judge. Denying bail is a serious matter: it can lead to weeks or even several months of being held in prison, apart from friends, family, and the community.

As your bail hearing lawyer in Newmarket, we are committed to protecting and securing the release of our client from custody whenever it’s possible. We play a multifaceted role that is crucial for the success of your case. Our first step is to thoroughly review the arrest circumstances, charges brought against you and evidence provided by the Crown. Then we develop a customized strategy that will present your case to the best advantage.

We are responsible for preparing arguments and presenting them to the court. Also, we propose suitable sureties (an individual who is responsible for you if released) and negotiate reasonable conditions of bail. Our services include cross-examining witnesses, challenging the prosecution’s proof, and ensuring that all of your rights are protected throughout the entire bail process. We have experience in bail hearings and understand local courts as well as the judges’ expectations.

It is important to understand that the results of bail can affect your entire case. If you’re released, it allows you to go home to see your family, to keep working, and to participate actively in the defence. Denial of bail can also have serious personal and professional effects.

Our experienced bail hearing lawyer in Newmarket is prepared for the Crown and the court to anticipate their arguments and provide compelling reasons why you deserve to be released. We know what evidence to gather and what kind of sureties to propose to satisfy the court’s requests. Our knowledge and experience can mean the difference between detention and freedom.

Though you can appeal a bail hearing under the Canadian Criminal Code, the chances of success are slim. Enlisting our legal counsel will increase your chances as Semyonov Law can help explain the bail process to the accused and arrange further compromises to create alleviate the stresses of bail conditions.

Under the Canadian Criminal Code in Ontario, a Bail Hearing must take place within 24 hours of being arrested or as soon as a legislative Judge is available. 

Enlisting the help of our bail hearing lawyer can have positive financial effects. In some circumstances, the lawyer can get bail reduced by presenting extensive information to the judge that reverses the severity of initial charges. 

Semyonov Law works tirelessly to ensure that a bail hearing will go as smoothly and professionally as possible, as we dedicate ourselves to ensuring the court will not put strict bail conditions on the accused.

A Judge will take into consideration several factors when determining a defendant’s bail including but not limited to the severity of the alleged crime, the circumstances of the alleged crime, the defendant’s current conduct and criminal record and the defendant’s history and impact on their community.

Each bail amount varies from province to province, depending on the rigour of the crime in question.

There are 3 grounds of detention a Judge ruling under the Ontario Court of Justice must take into account for a bail hearing:

1. Primary: the severity of the alleged offence
2. Secondary: the likelihood of the defendant committing additional crimes if released 
3. Tertiary: the defendant fleeing the premise and not appearing in court.

If a Judge has a reason to believe that you are guilty of any of the above detentions, your bail will be denied. 

A raise in bail is the outcome of a negative change of circumstance between the bail hearing and the court date. A judge may raise the bail amount upon further discovering that the defendant’s crimes are increasingly more severe. 

For example, if the defendant had originally been accused of misdemeanour charges, but upon further investigation, it has been discovered that the charges should have been for sexual assault, the bail will be raised.

Alternatively, a judge ruling under the Ontario Court of Justice can raise bail if the victim has had progressively worse injuries than initially experienced. 

If the defendant proves to be a threat to the community, bail might also be raised.

Breaking the bail terms is a serious offence that could result in you being arrested and facing additional charges. All conditions established by the courts must be understood and followed. Our lawyer will explain the hearing conditions and help you avoid violating any conditions

Costs vary depending on your situation and the services needed. Semyonov Law offers transparent, competitive and fair fees. We are dedicated to offering high-quality representation for a reasonable price.