Under Canadian law, a person charged with a criminal offence may be released before trial or sentencing by a peace officer or by the courts (officially known as judicial interim release).
If the offence is a summary conviction offence, one that is within the absolute jurisdiction of a judge of a provincial court, or a hybrid offence, and if the peace officer is satisfied there is no need to preserve or secure evidence, prevent commission of an offence, prevent continuation of the offence, he/she can issue an appearance notice directing the accused to appear in court on a particular date for mug shots and the taking of fingerprints.
If not released by the police, the accused should be brought before a justice of the peace or a provincial court judge within 24 hours of the arrest and if a justice is not available, as soon as possible. Note there is an exception for offences falling under section 469 of the Canadian Criminal Code (treason and murder).
It is illegal, under the Canadian constitution, to deny an accused person reasonable bail without a just cause. Getting released on bail allows you to concentrate on your defense and it prevents disruption to your social life and your job, keeping in mind trial can take months and even years.
You should hire a lawyer because he/she will have the training and experience necessary to not only get you out on bail but to also get you out quickly. At Costa Law Firm, we have been helping clients get reasonable and quick bail for several years now.
The law gives latitude for the court to deny bail where there is public safety at risk. We will argue your case in the bail hearing, no matter the reasons given by the prosecutor for denial of bail.
If the Crown prosecutor argues that you are a risk to the public or a flight risk, we will put up arguments to the contrary.
If the court releases you on bail, it can require you to comply with one or more of these conditions:
In our arguments, our criminal lawyer Toronto will try to keep the conditions as flexible as possible.
Although the general rule is that you must remain in jail if your bail is denied, the Bail Review process gives you a chance to still get out. At Costa Law Firm, we assist clients with Bail Reviews. The judge could either release you or confirm the prior order.
If the circumstances have changed materially since you were detained to such an extent that, if a judge were to listen to the bail hearing today, he’d arrive at a more positive conclusion, we will make this argument in the hearing.
Judges make mistakes too. If such a mistake led to the denial of bail, we will point this out.
Note that the Bail Review could also be sought by the Crown prosecutor if you have been released. In such a case, we will put up a spirited fight to confirm the prior order.
Call us today on 416-535-6329 to talk to a criminal defence lawyer Toronto for all your bail hearing and bail review needs.