Bail Hearings & Bail Reviews

Understanding the Bail Hearing and Bail Review Process

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).

Bail Hearing

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:

  • Report to a police station at a certain time
  • Remain within a certain territorial jurisdiction
  • Notify the police of any change of occupation, employment, or address
  • Deposit your passport
  • Stay away from certain locations
  • Keep your distance from certain individuals

In our arguments, our criminal lawyer Toronto will try to keep the conditions as flexible as possible.

Bail Review

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.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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