Understanding Bail Hearings in Mississauga: Read This Essential Guide

 When most people hear the word ‘bail’, they think of the American judicial system, where the accused must secure funds to ‘make bail.’ This image is perpetuated by TV shows, movies, and books. 

However, the bail system in Ontario's criminal courts operates quite differently.

In this post, we will discuss in detail about bail hearings in Mississauga and the rest of Ontario, offering an in-depth overview of what you need to know.

Mississauga Bail Hearings Made Easy: What You Need to Know

Here, we provide insights into bail hearings as suggested by a leading bail hearing firm serving clients in Mississauga, Brampton, and elsewhere in Southern Ontario.

What Is Bail?

Bail refers to the legal procedure that determines whether a person charged with a criminal offence will be detained or released while awaiting trial. When someone is accused of a crime, they are taken into custody and held in jail until their court appearance. In Ontario, a bail hearing needs to be done within 24 hours of the arrest if a judge is available, or as soon as possible if one is not.

What Happens at a Bail Hearing?

During a bail hearing, the Crown (prosecutor) presents its case by reading out the allegations from a synopsis prepared by the police. Sometimes, the Crown may call a witness, usually the police officer who conducted the investigation. After the Crown has presented its case, the defence counsel or lawyer has the opportunity to present the potential surety or the defendant. The defence counsel then argues why the defendant should be released on bail, either with the help of a surety or on their own recognizance. The court then decides whether to release the defendant on bail or detain them until trial.

How a Good Criminal Defence Lawyer Can Help You During Any Bail Hearing

When you or anyone you know is waiting for a bail hearing, it is important to hire a criminal defence lawyer. The decision to grant or deny bail rests entirely with the judge, and the evidence presented during your initial appearance is vital in determining a fair bail amount, if requested. 

An experienced criminal defence lawyer can effectively present favourable testimony, such as the defendant’s community ties, character, and lack of criminal history. They can also help select a suitable surety, who may need to pledge money to the court. If the defendant breaches their bail conditions, the surety or the defendant will be responsible for paying this amount.

What to Do if You Need Bail

Hire an Experienced Criminal Defence Lawyer

The first step if you or someone you know needs bail is to hire an experienced criminal defence lawyer as soon as possible. A practising lawyer with a valid license issued by the Law Society of Ontario can represent you at bail hearings and provide the legal guidance you need.

Make Sure Your Surety Is Prepared

Your surety should be present on the day of the hearing. They must arrive early to give your lawyer ample time to review the bail plan. Bail hearings can be time-consuming, and the defendant is often grouped with other defendants during court sessions, so your surety should keep their entire day free. Additionally, as a formal process, both the defendant and their surety should dress appropriately to convey respect to the court.

Understanding Bail Conditions

Bail conditions ensure that the defendant complies with legal requirements and poses no risk to the community. These can include:

• Regularly reporting to a police station.

• Abiding by a curfew.

• Restricting contact with certain individuals.

• Staying within a specified area.

• Refraining from drugs or alcohol.

Note that failing to follow these conditions can lead to your re-arrest and revocation of your bail.

The Role of the Crown and Defence in Bail Hearings

The Crown's Role

The Crown's primary role in a bail hearing is to present the allegations and argue why the defendant should not be released. They aim to demonstrate that the defendant poses a flight risk, a risk to public safety, or that their release would undermine the integrity of the judicial system.

The Defence's Role

The defence's role is to counter the Crown's arguments and show that the defendant is a suitable candidate for release. This involves presenting evidence of the defendant’s good character, strong community ties, and the ability to comply with bail conditions. The defence may also suggest conditions that could mitigate any risks identified by the Crown.

Factors Considered by the Court

When deciding whether to grant bail, the court considers several factors:

Nature of the Offence: Serious offences, especially those involving violence, are less likely to result in bail.

Criminal Record: A history of criminal activity, particularly breaches of previous bail conditions, can negatively impact your chances of being granted bail.

Flight Risk: Here, the court evaluates whether the defendant is likely to flee the jurisdiction to avoid trial.

Public Safety: This is the potential threat the defendant may pose to the public if released.

Strength of the Prosecution’s Case: Strong evidence against the defendant may influence the court’s decision to deny bail.

What to Expect During a Bail Hearing in Mississauga

Bail hearings vary in length and complexity. Here is a brief overview:

• Arrest and Detention: The defendant is taken into custody.

• Initial Appearance: The defendant appears in court within 24 hours.

• Crown's Presentation: The Crown presents allegations and evidence.

• Defence’s Argument: The defence presents its case and proposed sureties.

• Judge's Decision: The judge decides on bail and conditions. If denied, the defendant remains in custody until the trial.

Tips for a Successful Bail Hearing in Mississauga

Preparation Is Key

Ensure that all necessary documents and information are prepared and available for the hearing. This includes any evidence of the defendant's good character, employment, and ties to the community.

Choose a Reliable Surety

Select a surety who meets the court’s requirements and is willing to commit to the responsibilities involved. The surety should also be prepared to answer questions about their relationship with the defendant and their ability to supervise them.

Be Punctual

Arriving early allows time to go over any last-minute details with your lawyer and ensures the hearing proceeds smoothly.

Follow Legal Advice

Listen to the advice of your bail hearing lawyer, who will guide you through the process and help present your best case for bail.

Being accused of a crime and navigating the bail system can be overwhelming. Understanding how bail works in Ontario, from the initial arrest to the bail hearing, can help alleviate some of this stress. By hiring an experienced criminal defence lawyer; preparing thoroughly; and understanding the roles of the Crown, defence, and surety, you can approach the bail hearing with greater confidence. Use this comprehensive overview of the bail hearing procedure in Mississauga, Brampton, and elsewhere in Ontario, ensuring that you are well-informed and prepared to navigate the legal system effectively.