Can Your Defence Lawyer Get You Released on Bail While Awaiting Trial in Ontario?
Posted on September 24, 2024
If you've been charged with a criminal offence in Ontario and you're being held in custody as you await trial, your criminal defence lawyer in Toronto will often explore the potential for you to be released on bail. It's common for lawyers to try and have their clients released on bail so they can retain their freedom and comfort until the case is settled or a trial is reached. In Toronto and through Ontario, most individuals are eligible to apply for bail. But, to increase your chances of being released, your lawyer must follow due process.
For more insight into what you can expect from the bail process, read on or contact our team at Karrass Law for expert legal advice. Our team of criminal defence lawyers are skilled and trusted. Our years of experience and expertise allow us to pursue your best interests at every given stage of your case.
How Does Bail Work in Toronto and Ontario?
Bail, also referred to as judicial interim release, is a legal mechanism that allows an individual charged with a crime to be released from custody while awaiting trial. The right to reasonable bail is protected by the Canadian Charter of Rights and Freedoms. This means that, generally speaking, individuals should not be denied bail without just cause. The right to reasonable bail and the Canadian Charter of Rights and Freedoms ensures that bail is granted whenever possible. The chances of temporarily substantially increasing when you're being represented by one of the top criminal defence lawyers near you.
On the other hand, being granted bail is not automatic. The court will weigh several factors before deciding whether to release an accused person. In some cases, bail may be denied, especially if the court believes the individual poses a risk to the public or is unlikely to return for their trial. If you need a criminal defence lawyer, contact the Karrass Law team for legal advice.
Crafting a Strong Bail Plan with Your Criminal Lawyer in Toronto
A well-prepared bail plan is essential in persuading the court to grant bail. Your criminal defence lawyer will work with you to develop a detailed plan that addresses what's anticipated to be the court's primary concerns. This plan formulated by your lawyer ensures you will return for future court appearances, protecting public safety and minimizing the likelihood of committing further offences while on bail.
A good bail plan will typically include where you will live, how you will support yourself, and the conditions you are willing to accept (e.g., curfew, staying within a specific area, avoiding certain individuals). In some cases, your lawyer may suggest a surety, which is a person (usually a family member or close friend) who agrees to monitor you and ensure compliance with bail conditions. A well-crafted bail plan shows the court that you are committed to following the law and returning for trial.
Addressing the Court's Concerns
Before bail is granted, your judge will determine whether it is a safe and responsible choice to release you on bail. It is the responsibility of a skilled lawyer to argue in your favour to address the following concerns that are typically presented by the jury.
The court will look at two primary concerns when deciding on bail:
- Flight Risk: There's a chance that the accused will not show up for future court dates.
- Risk to Public Safety: Whether the individual poses a threat to public safety, especially in cases involving violence or serious crimes.
At Karrass Law, your criminal defence lawyer in Toronto will address these concerns by presenting evidence that minimizes any perceived risks.
What Factors Influence a Bail Decision in Ontario?
The court considers several key factors when determining whether to grant bail. Some factors your judge may work into their decision include your number of existing charges, your criminal history, the strength of the Crown's case, and ties to the community.
Negotiating Bail Conditions
In many cases, the court may be willing to grant bail, but only under certain conditions. These conditions could include reporting to the police at regular intervals, staying in a particular residence, abstaining from alcohol or drugs, or wearing a GPS-tracking device. For the best possible outcome, your criminal defence lawyer will negotiate the conditions of your release to ensure they are reasonable and, ideally, not overly restrictive.
The goal is to secure your release while also ensuring that the conditions are manageable and allow you to live your life without undue hardship before your trial. Criminal lawyers will also work to ensure that the bail amount is fair and proportionate to your financial situation, if applicable.
Challenging a Bail Denial
It's unusual to be denied bail in Ontario; however, If your initial bail application is denied, you may still have options. Your criminal defence lawyer can file an appeal of the bail decision, asking a higher court to review the case. They will gather additional evidence, such as character references or documentation that strengthens your bail plan, to present a more compelling argument for your release.
Appealing a bail decision requires thorough preparation and in-depth knowledge of the legal system, which is why hiring a skilled criminal defence lawyer with litigation and appellate experience, like the legal experts at Karrass Law, is crucial.
Why Criminal Defence Lawyers Fight for Bail
Bail enables the accused to maintain their daily responsibilities, like work and family, without the disruption of being held in custody. Bail also provides them with more opportunities to work closely with their lawyer to build a strong defence, leading to a fairer trial.
Get Expert Representation with Karrass Law
When you're arrested or charged with a criminal offence, trust Robert Karrass and the Karrass Law team. Our vast experience, skill, and commitment to our clients equip us with the motivation and knowledge to robustly advocate for your best interests. To get started with a leading criminal defence lawyer near you and for tailored legal advice, book a consultation with our team.
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