TORONTO BAIL HEARING LAWYER
TORONTO BAIL HEARING LAWYER ARMAN FARJOUD
ANSWERS TO FAQ ON THE BAIL HEARING PROCESS
WHY RETAIN FARJOUD LAW FOR A BAIL HEARING?
By retaining FARJOUD LAW you will significantly improve your chances of success in obtaining bail and getting out of jail.
Criminal lawyers at Farjoud Law routinely represent individuals charged with criminal offences at bail hearings all across the Greater Toronto Area. We have an extremely high rate of success in securing the release of our clients. Our number one priority at a bail hearing is to obtain the release of our clients with the least restrictive and intrusive conditions of release.
Our lawyers are available 24 hours a day, 7 days a week for emergency bail hearings with little to no notice. We understand the urgency of the circumstances and give high-priority to individuals in custody.
Securing the release of an individual is one of the most significant aspects of defending against criminal allegations. Studies have Individuals who do not get bail are more likely to plead guilty.
Adults charged with a criminal offence are only given one opportunity to have a bail hearing, which is why it is important to retain the assistance of a criminal lawyer and ensure the strongest plan of supervision is prepared and presented to the Court.
Farjoud Law will make all the necessary arrangements with the accused person, their family or friends (who will be acting as sureties) as well as the police, prosecutor and courts in order to gather critical information, develop the strongest plan of supervision, fully educate and prepare the parties and ultimately secure the release of the accused from jail.
WHAT IS A BAIL HEARING?
When an individual is arrested and charged with a criminal offence in Canada, he or she will either be released by the police or held in custody and brought before a Justice at the Ontario Court of Justice for the purpose of a bail hearing.
If the accused is detained in custody, they must be taken to a courthouse for a “show cause hearing“, which is another term for a bail hearing, a court proceeding in which a justice of the peace or judge will determine whether or not they will be released pending the outcome of the case.
Bail is a form of release pending the outcome of the criminal charges. Individuals who are released on bail will be required to abide by certain conditions set out by the court, which will be based on the criminal charges and the personal circumstances of the accused person.
Common bail conditions include, but are not limited to the following:
– No communication direct or indirect with certain persons (victims/complainants, coaccused)
– Do not attend any known place of residence, employment or education of any victims
– Reside at a particular address with surety
– Do not consume or possess any alcohol or drugs
– Do not possess any weapons or firearms
– Attend court as required
WHAT IS THE BURDEN OF PROOF AT A BAIL HEARING?
In most bail hearings, the onus will be on the prosecutor to show why the accused should not be released, in what is referred to as Crown-onus. Under certain circumstances, depending on the offence or whether the accused has breached a previous bail order, the onus will be on the accused to show why he or she should be released in what is referred to as a reverse-onus situation. The Crown will formally indicate their position with respect to bail (on the record), and advise who the onus is on (accused or crown), whether they are consenting to the accused’s release (based on a proposed plan of supervision), or whether they will be seeking detention based on one of three grounds of detention.
WHAT ARE THE FORMS OF RELEASE?
The various forms of judicial interim release are found under section 515 of the Criminal Code of Canada.
1. Release without conditions – section 515(1)
2. Undertaking with conditions – section 515 (2)(a)
3. Recognizance – section 515 (2)(b) of the Code
4. Recognizance with surety/sureties – section 515 (2)(c)
5. Recognizance with deposit (without surety/sureties) – section 515 (2)(d)
6. Recognizance with surety/sureties and deposit (for non-residents of Canada or those living more than 200km away) – section 515 (2)(e)
7. Detention – section 515 (5)
All forms of release have one thing in common–they are promises to appear in court as directed and to follow any conditions. The main difference between a recognizance and an undertaking is the financial penalty imposed on the accused versus surety if one does not attend court of breaches any conditions.
WHAT ARE THE GROUNDS FOR DETENTION?
In determining whether or not to grant bail, the Courts must be satisfied that an individual will attend court, not pose a substantial risk of committing further offences while on bail and that the community would not be offended by the individual’s release given the nature of the allegations and strength of the crown attorney’s case. As such, the crown attorney may seek detention of the following three grounds:
Primary grounds are concerned with whether the accused is a flight risk and if his or her attendance at future court dates is an issue.
Secondary grounds address whether detention is required to ensure the safety of the public (including the complainant) and whether there is a substantial likelihood he or she will commit further offences upon release.
Tertiary grounds refer to whether detention is necessary to maintain confidence in the administration of justice and whether releasing the accused would offend the community given the seriousness of the allegations and the strength of the prosecutor’s case.
WHAT IS A SURETY?
A surety is an individual, typically a family member or friend, who agrees to supervise an accused person, if released from custody, by enforcing every condition set out by the court. As part of the agreement made with the court, the surety will be required to pledge a certain amount of money to ensure the proper supervision of the accused person; if the accused person breaches any of their conditions or does not attend court as required, the surety will risk losing their money. Usually, the surety only needs to show that they have access to that amount of money and are not required to deposit the funds with the court.
WHO IS ELIGIBLE TO BE A SURETY?
The basic qualifications to act as a surety require that you must be at least 18 years of age, be a Canadian citizen (non=residents must deposit cash), not have a criminal record, nor any outstanding criminal charges and are currently not a surety for any other accused person.
As a surety, you may be required to testify at a bail hearing, which is why the assistance of a criminal defence lawyer is absolutely crucial in preparing for the type of questions the court or crown attorney may ask. Sureties play a very significant role in securing the release of an accused. One wrong answer at a bail hearing may result in a disastrous judgement in which the Justice of the Peace detains the accused in custody for a lengthy period of time until his or her matter is resolved.
WHAT IS A SPECIAL BAIL HEARING?
If you have been charged with more serious criminal offences, such as gun-related charges or in relation to a large-scale organized crime investigation, you will need to schedule ‘special bail hearing’ in order to be considered for release on bail.
A special bail hearing is a bail hearing that requires a greater amount of time than a normal bail hearing. The additional time required is due to the seriousness of the allegations which may require an additional amount of facts or evidence to be called by the crown attorney, as well as a number of witnesses which may have to testify (e.g. sureties & police officers). A special bail hearing must be scheduled in advance to ensure the availability of the sureties, criminal defence lawyer, courtroom, Crown attorney, and the justice of the peace/judge.
24 HOURS/DAY ALL ONTARIO COURTHOUSES
Our lawyers at Farjoud Law routinely appear all across courthouses in Ontario, typically with very short notice. We pride ourselves on being available for our clients 24 hours/day, 7 days/week in case of emergencies. Farjoud Law provides service to clients and conducts bail hearings at any courthouse in Ontario, including all Toronto courthouses (Old City Hall, College Park, Scarborough, Etobicoke 2201 Finch Ave, North York 1000 Finch Ave), Newmarket courthouse(50 Eagle St), Oshawa courthouse, Brampton courthouse, Milton courthouse, and more.