What to Expect at a Bail Hearing in Ontario (Simple Guide)

 A Bail Lawyer in Brampton Explains Key Facts About Bail Hearings in Ontario 

Canada’s criminal justice system is designed to give those accused of a crime a fair trial and not be unfairly punished before their guilt or innocence is established.

One crucial aspect of this system is the bail hearing process. It determines whether the accused should be held in custody or released until their trial. Many factors are considered when deciding bail, including the nature of the alleged crime, their criminal history, and any outstanding charges they may have.

If you have been charged with a criminal offence and are being held in custody, it’s essential to hire a bail lawyer in Brampton. They prepare the best defence and attend the bail hearing with you. They can also provide guidance and support throughout the legal process and ensure that your rights are protected.

In this post, we discuss several essential things you should know about Ontario's bail system. Whether you are facing criminal charges yourself or know someone who is, read on to learn more about how to navigate the bail process.

Important Information About Ontario Bail Hearings from a Bail Lawyer in Brampton

Explore some important things you should know about Ontario’s bail system.

1. What Are the Criteria for Getting Bail?

Under the Canadian Charter of Rights and Freedoms, every individual accused of a crime has the right to bail, unless there are compelling reasons to keep them in custody.

It is the responsibility of the prosecutor and police to present a convincing argument to justify detaining the accused. In cases involving murder and certain other crimes, the accused must prove to the court that they should be released. This is known as a “reverse onus.”

Proving that an accused person should be released can be a challenge. Despite this, in 2019, Bill C-75 was passed, amending the Criminal Code to introduce the reverse onus for repeat offenders. Additionally, the detention of an accused individual may be deemed necessary to ensure public safety.

Bail conditions are often imposed on individuals who have been released. These conditions can include orders not to contact certain individuals, such as the alleged victim or co-accused, restrictions on places they can visit, and curfews. Violating these conditions can result in bail being revoked and the individual being taken back into custody.

2. Bail Hearings Are Not Trials

Many people become confused between bail hearings and trials due to the influence of television shows and films. While both take place in a court setting and require individuals to follow proper court etiquette, their purposes are fundamentally different.

During trials, a verdict is made on whether the accused is innocent or guilty of the crime. However, this does not necessarily provide the accused with an opportunity to tell their side of the story. The verdict and sentencing of the accused still rests with the judge.

On the other hand, the accused's fate is not determined during a bail hearing. Instead, it serves to determine what should happen to the accused in the meantime. If it is determined that they pose a risk to others and that their crime is severe, they will likely remain in custody until their trial.

3. A Bail Lawyer Can Help

If you or someone you know is awaiting a bail hearing, it is essential to consult with a skilled bail lawyer in Brampton. They understand how the bail system works in Ontario and can present the right evidence to obtain a fair bail amount. A knowledgeable lawyer can present favourable testimony about the defendant's lack of threat, connection to the community, and character.

Additionally, your bail lawyer in Brampton can help you choose a suitable surety who may be required to pledge a specific amount of money to the court. Either the surety or the defendant will be responsible for ensuring that the sum is paid to the court if the defendant breaks their bail conditions. Having a bail lawyer on your side can be crucial in securing your release from custody before your trial. They help you understand the bail process, navigate the complexities of the legal system, and fight for your rights.

If you have been accused of a crime and charged for it, you may be feeling overwhelmed and unsure of how to navigate Ontario’s bail system. Fortunately, an experienced bail lawyer in Brampton can help you understand the process and represent you during your bail hearing. With their knowledge of the legal system and experience in handling bail cases, a bail lawyer can provide you with the guidance and support you need to make informed decisions about your case. In addition to seeking the help of a bail lawyer, this post provides valuable insights that can help you navigate the bail process without hassle.