If you have been arrested and charged with a crime in Ontario, and the police officer has decided not to release, the next step is a Bail hearing before the Justice or Judge. If you are facing a bail hearing, it is important to have a strong and knowledgeable bail lawyer on your side. At Orcus Law, our lawyers are here to defend your rights to help you achieve the best possible outcome at your bail hearing.
What is bail?
Bail is permission from the court that allows someone who has been charged with a crime to leave jail while they await their trial.
What happens during a bail hearing?
The purpose of a bail hearing is to determine whether the accused will be allowed to leave jail while they await their trial. It usually begins with the Crown presenting the allegations to the Court. In some cases, they may call a witness such as the police officer who is leading the investigation.
The accused’s lawyer will then have an opportunity to present their defence and a potential surety to testify. It is the job of the accused’s lawyer to convince the Court that the accused will obey certain conditions if they are released on bail.
Once both sides have presented their arguments, it is up to the Court to decide whether the accused will be allowed to leave on bail or whether they must remain in jail until their trial.
Do I have to pay money if I get out on bail?
In some cases, you may have to deposit money with the Court to get out on bail, however, most of the time the accused and/or their surety may promise money without having to deposit it with the Court – this promise is called a recognizance. If the accused breaks the conditions of their bail or if they do not show up to court, they may lose some or all the money promised to the Court.
What are bail conditions?
Bail conditions are rules that the accused must follow in exchange for the Court allowing them to leave jail while they await their trial. These conditions can vary depending on the circumstances, but generally they include things such as:
Not to contact the alleged victim.
Not to go to the alleged victim’s home or workplace.
Not to have weapons.
In some cases, the surety may be required to live with the accused until their trial.
What does the Court consider when they are determining whether the accused will get out on bail?
The Court looks at several factors including:
The seriousness of the crime.
Whether the accused has a criminal record.
Potential risk to the public or the alleged victim.
The ability of the surety to supervise the accused.
Personal circumstances of the accused.
Why contact Orcus Law?
If you are facing a bail hearing, it is important that you have a lawyer on your side to protect your best interests. If you have been charged with a crime, contact Orcus Law today to assist you in being granted bail.