Experienced Bail Hearing & Show Cause Lawyer
The initial detention upon being arrested for a criminal offence is a traumatic experience that can have significant consequences on an individual’s mental and physical health. Jefferey Reisman, from his years of experience, understands this process from start to finish and recognizes the importance of a successful bail hearing; which is the first stage of a criminal proceeding.
The Supreme Court in R. v. Antic, 2017 SCC 27 has firmly upheld the founding principle of our criminal justice system i.e. the presumption of innocence and has recognized the detrimental effects of pre-trial detention.
The right not to be denied reasonable bail without just cause is an essential element of an enlightened criminal justice system. Accused persons are constitutionally presumed innocent, and the corollary to the presumption of innocence is the constitutional right to bail. An accused must not find it necessary to plead guilty solely to secure his or her release, nor must an accused needlessly suffer on being released.
Pre-trial custody affects the mental, social, and physical life of the accused and his family and may also have a substantial impact on the result of the trial itself. Within 24 hours of an offence, an accused will be presented before a judge in a provincial court. A “surety” can be required and they are often a friend or family member who is prepared to vouch for and monitor you while you are out on bail. This person may also pledge a certain amount of money for your release.
Bail Assessment in Toronto
Under the Criminal Code a bail is assessed on the following grounds:
- Whether detention is necessary to ensure the accused's attendance in court
- Whether detention is necessary for the protection or safety of the public
- Whether detention is necessary to maintain confidence in the administration of justice
Jeffrey Reissman among many other things can:
- Prepare an accused and their surety for this difficult and important hearing.
- Reduce unnecessary time in custody;
- Negotiate with the Crown prosecutor in securing reasonable conditions for the accused’s release
- Apply relevant and recent case law for your personal situation
Only an experienced criminal lawyer understands the intricacies of this vital process and will fight to make sure your constitutional right to an early release is upheld. While duty counsel can assist you in this stage, they are often not available to spend adequate time on your unique situation.
Do not make the mistake of not having the right representation. While a bail hearing decision can be reviewed, losing at an initial bail hearing will mean that you will be detained until the appeal date, which often takes weeks. A bail review is expensive and time-consuming and should be avoided.
What Happens at a Bail Hearing?
If you have been arrested you may be held for a bail hearing. You will require a lawyer to negotiate the terms of your bail, help you avoid detention and negotiate imposed bail restrictions. Your bail hearing will be held in a provincial court where a Justice of the Peace will decide the terms of your bail based on three components; the risk of you running away, the risk of you being a danger while released and the strength of the case against you, the “accused”.
You may require a “surety” – a friend or family member who is prepared to vouch for and monitor you while you are out on bail. The decision to accept a surety is decided by the Justice of the Peace and will require the chosen individual to make sure you obey your restrictions and conditions, make sure you are at court proceedings, make sure the accused does not commit any more crimes and be answerable to authorities regarding any violations of the bail agreement.
What happens if I don't make bail?
If you have been denied bail, you will require a lawyer to defend you at a bail review. A bail review will require the preparation of legal documents and is a more complicated hearing. A bail review will be held in a superior court before a superior court judge and you will require a surety as one of the terms of the judge’s decision.
If you have been charged with a crime and are facing bail, contact a skilled and knowledgeable attorney today!
Contact Jeffrey Reisman immediately, any time of the day , by phone at 647.351.HELP or 647.556.5235