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Bail Lawyer Toronto

Bail Hearings & Bail Reviews

The most common situations where reverse onus applies are if the accused had been released on bail and is now facing new, unrelated criminal charges, for allegedly failing to follow the bail conditions; also, if the accused is being charged with a drug offence involving sale of drugs or any other serious offence that the judge, in his/her discretion, considers should warrant a reverse onus.

Toronto Bail Hearing Lawyer

In the bail hearing, the court will be required to ‘show cause’ why the accused should be denied their right to be released from custody on bail. The presiding trier (typically a justices of the peace) will be guided by the Bail Reform Act of Canada during the bail hearing. He/she will be considering.

  • Is the accused likely to commit the criminal act again if released from custody?
  • Is the accused well known to the justice system or the police (can the accused be easily traced if he/she fails to honour bail)?
  • Has evidence required for the trail been obtained (is the accused likely to interfere with evidence or the gathering of new evidence)?
  • Will the accused be required to return to court later at trial?

What Does The Court Consider During The Bail Hearing?

It is the responsibility of the Crown Attorney and the police to prove to the judge that the accused is a flight risk, that he/she is likely to commit a crime again if released, or that he/she may interfere with evidence or prevent the gathering of fresh evidence.

If the charges are for a serious criminal offense or involve repeated offences, the bail hearing may be considered a “reverse onus”. This means the onus to prove why the accused should be released on bail is no longer on the crown attorney and the police but on the accused and his/her lawyer.

The most common situations where reverse onus applies are if the accused had been released on bail and is now facing new, unrelated criminal charges, for allegedly failing to follow the bail conditions; also, if the accused is being charged with a drug offence involving sale of drugs or any other serious offence that the judge, in his/her discretion, considers should warrant a reverse onus.

What Does The Court Consider During The Bail Hearing?

It is the responsibility of the Crown Attorney and the police to prove to the judge that the accused is a flight risk, that he/she is likely to commit a crime again if released, or that he/she may interfere with evidence or prevent the gathering of fresh evidence.

If the charges are for a serious criminal offense or involve repeated offences, the bail hearing may be considered a “reverse onus”. This means the onus to prove why the accused should be released on bail is no longer on the crown attorney and the police but on the accused and his/her lawyer.

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What Happens On The Day Of The Bail Hearing?

A Justice of the Peace will preside over the bail hearing, which will be held in a courtroom. On one side of the hearing will be the Crown Attorney, who will represent the police, and on the other side will be the accused (and/or his lawyer or duty counsel). Two types of arguments will be made.

The Crown Attorney will explain to the Judge why the accused should be denied bail, while the accused or his lawyer will make a counter-argument.

The Crown Attorney may determine that bail ought to be given, but will ask the court to impose bail conditions, such as limited movement and reporting to the police on a regular basis. The accused or his lawyer counsel will argue that the accused with obey bail conditions on his/her own, or with the assistance of a surety or sureties supervising them and may make arguments for flexible/lenient bail conditions.

To present its case for denial of bail or imposition of bail conditions, the Crown Attorney will present the allegations, mostly by reading the allegations as captured in the police synopsis. The Crown may call a witness or witnesses such as the police officer investigating the case to back the allegations presented. Heresay evidence may be read in, and challenged.

The accused person or his lawyer gets to counter the evidence presented, mostly by having the accused, a potential surety, or both testify.

The judge will then decide to either release the accused on bail or to deny him/her bail, giving reasons for either reason.

A Justice of the Peace will preside over the bail hearing, which will be held in a courtroom. On one side of the hearing will be the Crown Attorney, who will represent the police, and on the other side will be the accused (and/or his lawyer or duty counsel). Two types of arguments will be made.

The Crown Attorney will explain to the Judge why the accused should be denied bail, while the accused or his lawyer will make a counter-argument.

The Crown Attorney may determine that bail ought to be given, but will ask the court to impose bail conditions, such as limited movement and reporting to the police on a regular basis. The accused or his lawyer counsel will argue that the accused with obey bail conditions on his/her own, or with the assistance of a surety or sureties supervising them and may make arguments for flexible/lenient bail conditions.

The accused person or his lawyer gets to counter the evidence presented, mostly by having the accused, a potential surety, or both testify.

The judge will then decide to either release the accused on bail or to deny him/her bail, giving reasons for either reason.

Bail Hearings & Bail Reviews

To present its case for denial of bail or imposition of bail conditions, the Crown Attorney will present the allegations, mostly by reading the allegations as captured in the police synopsis. The Crown may call a witness or witnesses such as the police officer investigating the case to back the allegations presented. Heresay evidence may be read in, and challenged.

Bail Hearings & Bail Reviews

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.

Understanding the Bail Hearing & Bail Review Process

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.

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.

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.

Bail Hearings & Bail Reviews

Testimonials

What our clients are saying.

If I could give David Costa more than 5 stars I would. The moment that I called him in 2015, I knew right away that he was the right person to represent my son. He gave my son a list of things to do to help his case. David replied to every email that I sent to him and answered all my questions no matter how many times I asked the same questions. He even talked to my son when he thought my son was not doing enough to get the best possible outcome. We are pleased with the outcome of the case. Excellent lawyer! Highly recommended! Definitely Toronto’s Top Lawyer!
Rusty Moore
Rusty Moore
15:55 16 Jan 19
David Costa was my brother’s defense lawyer on a first degree murder charge. I called the lawyer the moment my brother was arrested. There was absolutely no physical evidence against my brother. There were alibi witnesses and coroner evidence that he could not have killed the victim. And Mr. Costa did everything we asked him to do as our lawyer. He called the alibi witnesses, he made sure all evidences are preserved, he hired a PI and did an investigation of his own. He did everything he could to save my brother from jail. Our whole family is grateful to David Costa for his knowledge, experience, support and strong motivation. David is a very good man.
Jeffrey Wen
Jeffrey Wen
02:34 27 Nov 18
The charges I had were dismissed, however along the way I spoke to a couple lawyers. I stuck with David because I could tell he had a level of knowledge others didn’t. He also was always very quick to get back to me. If I ever need a lawyer in the future it will be David for sure and I also recommend him to anyone needing legal assistance.
James Obryant
James Obryant
17:02 15 Jan 19
The best adoption lawyer in Toronto! David Costa walked us through everything, and was with us every second on the big day! We did not have many face to face meetings, as he communicates very well via email. This is definitely a lawyer who takes his time to do it correctly. We honestly can’t thank him enough!
Ruth Bowen
Ruth Bowen
02:34 13 Jan 19
Mr. Costa is a great lawyer. He is a professional who always answered my calls/emails promptly and kept me informed on the latest information regarding my case. I am happy with the outcome and I recommend him to anyone who needs a defense lawyer.
Frank Elliott
Frank Elliott
06:28 13 Jan 19
From my experience, as a client and referring clients to Costa Law Firm keeps satisfying me and referred family, friends, and business contacts. They are easy to reach, easy to talk to, and make what can be a complex legal system very manageable .
Benji Teixeira
Benji Teixeira
17:41 09 Apr 19
Excellent lawyer with great work ethics, professionalism, knowledge and understanding. I hired him to represent me for traffic violation. He explained me everything about the case and expected outcomes. He studied my case in detail and in the end got the case dismissed. Highly recommended.
Willie Sweeney
Willie Sweeney
16:47 05 Jan 19
My family and I are grateful for the positive experience we had with Costa Law firm. Kowlasar Misir, our Lawyer was extremely honest, thorough and trusting through out the entire process of our family case. We had the pleasure of meeting with Kowlasar for a second time recently and again the help and understanding surpassed my expectations.
Tania E
Tania E
15:14 28 Aug 19
Mr. Costa was a great help with my custody case. He walked me through the process step-by-step and gave me some useful tips. I am relieved now that I got a full custody of my daughter. Back than I was quite shaken by the circumstances and his confidence really was just what I needed.
Jeanne Axy
Jeanne Axy
03:25 15 Sep 19
Back in 2017, my nephew was accused of a fraud over $5000, he was only 19 and my family felt horrible for him. Costa Law did everything to defend him and was able to help him. We are very grateful to David and his team and strongly recommend them.
Katie Quirk
Katie Quirk
12:12 17 Sep 19
David was handling my DUI case and I could not be more grateful. I gave him a call right after I got arrested, he calmed me down and gave me an action plan. I don’t know how things would turn out if I would go with another lawyer. This guy is worth every penny spent on his services.
Clyde Wiley
Clyde Wiley
09:05 19 Sep 19
Costa Law was incredible experience from day one. Very intelligent, compassionate and accessible team, I felt like they actually cared about my case.  I strongly recommend them for criminal defence cases (speaking from personal experience).
Mary Schmitt
Mary Schmitt
04:30 26 Sep 19
Back in 2009 I was a troublesome young man and managed to get a criminal record. Time have passed and I changed, but my record remained as a reminder of my past, reminder that made my life more difficult than needed.  I was referred to David Costa by one of my friends who also had a similar experience. He helped me to get a pardon and today my record is clean. I feel like that weight is finally off my shoulders.
William Palmisano
William Palmisano
03:11 27 Sep 19
Thanks to these guys I was able to close the deal on my dream house! I can’t stop braging about Costa Law, they are an amazing team and deserve all the credit.
Freddy Bishop
Freddy Bishop
02:46 09 Oct 19
My son was arrested for possession of Schedule 1 drug back in January. I was completely mortified. David did an amazing job minimizing penalties, he was there for our family throughout the whole process. I strongly recommend Costa Law to anyone who needs help to deal with criminal charges.
Nicolas Lane
Nicolas Lane
07:50 12 Oct 19
David is so on point! He worked on my criminal defence case, great guy and great outcome. Would give him 10 stars if I could.
Gillian Smith
Gillian Smith
08:50 29 Oct 19
David worked on my sister in law sponsorship application. She is from Bulgaria and the immigration process from that country to Canada is pretty complex. My brother told us David was always reachable, answered every question they had and most importantly, my sister in law is now in Canada with us!
Karen Gallo
Karen Gallo
08:42 08 Nov 19
David is very professional and thorough. He helped me to deal with my speeding over 50 charge. Great job!
Bahareh Shai
Bahareh Shai
19:13 21 Jan 20
Best Lawyer ever! dropped my charges a few years ago, still keep in touch with him! really appreciate his work and effort! life changing ! He's the best lawyer in the field!
Lucy Zimmerman
Lucy Zimmerman
19:29 19 Feb 20
I was refered to David by a good friend of mine, when I needed help the most. It was a difficult time for me and working with him on my side really helped me to get through it. I recommend David and his law firm to anyone who needs help with criminal law.
Terri Burningham
Terri Burningham
03:37 17 Feb 20
I had a DUI charge and was very anxious about it as you can imagine. Looking for a bail lawyer I scheduled meetings at several law firms. Costa was my third meeting and the moment we set down with him I knew he should represent me. He is compassionate and honest guy who genuinely wants best for his clients. I can't thank him enough for all the help with my case.
Sean Keller
Sean Keller
15:12 25 Feb 20
I had GREAT experience hiring mr. costa as my bail lawyer, highly recommend!
Scott Chen
Scott Chen
16:07 26 Feb 20
Bail Hearings & Bail Reviews

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