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Rupin Bal Law Professional Corporation: Your Trusted Bail Hearings Lawyers in Southern Ontario
Rupin Bal is a Criminal Defence and Bail Hearing lawyer serving clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region and all of southern Ontario. With Rupin Bal, an experienced criminal lawyer at its helm, the firm is known for its professionalism, integrity, and client-centric approach.
Irrespective of the nature of the criminal legal issue we recognize the distinctiveness of each case and prioritize personalized attention for our clients. By actively listening to clients’ concerns, understanding their objectives, and formulating tailored strategies, we strive to achieve the most favorable outcomes possible.
By choosing us, you’re placing your legal matters in competent hands. We are committed to safeguarding our clients’ rights, offering clear and concise legal advice, and guiding them through every step of the legal proceedings. Our mission is to empower clients with the knowledge and support necessary to make well-informed decisions and create a brighter future.
If you require legal assistance for a Sexual Assault charge within Southern Ontario, contact us for a free consultation. Our experienced legal team can assist you in navigating the intricacies of Canadian law with confidence and peace of mind.
Bail Hearings & Bail Reviews in Ontario Explained
Bail is a crucial aspect of the criminal process, determining whether an individual will be released before their trial, which might be months or even years away. Success at a bail hearing is pivotal, as a denied bail can lead to job loss, family issues, and set the tone for the entire case.
It is possible to apply to vary any condition of a release order (bail) with the consent of the Crown Attorney. Approval for the variation needs to be signed off by a judge or Justice of the Peace, and the original bail conditions remain in effect until the signed and approved form is received. Justified reasons must be provided for wanting to change a condition, and if the court requires more information, a hearing may be held.
The bail conditions imposed on an accused can vary based on the type of release granted, such as release on recognizance, recognizance with sureties, or recognizance with a deposit. The court can order the accused to comply with various conditions, including but not limited to:
- Remaining within a specified jurisdiction.
- Depositing their passport.
- Notifying the police of changes in address, phone number, or employment.
- Reporting to the police or a Bail Supervisor at designated times.
- Restraining from communicating with the complainant or other parties.
- Avoiding certain addresses or locations.
- Refraining from possessing any weapons as defined by the Criminal Code.
A surety is an individual, ideally familiar with the accused, willing to supervise them while on bail awaiting resolution of criminal charges. To act as a surety, the individual must:
- Be an adult (18+).
- Be a Canadian citizen or landed immigrant.
- Possess financial assets for pledging.
- Not be involved in the offense the accused is charged with.
- Not be the accused’s counsel.
- Have the ability to monitor the accused.
- Be willing to report any breaches of conditions by the accused.
- Not have received promises or consideration for being a surety. While not an absolute requirement, a suitable surety typically has:
- No criminal record.
- No outstanding charges.
- Not acting as a surety for someone else currently.
If an accused person is denied bail by a judge or justice of the peace in the Ontario Court of Justice, both the Crown (under section 521) and Defence (under section 520) can apply to the Ontario Superior Court of Justice for a review of the detention or release order. Additionally, the accused has the option to seek a review of the court’s bail decision under section 680 of the Criminal Code.
- Error in Law: Where the initial decision-maker made a legal error.
- Inappropriate Decision: Where the decision was deemed inappropriate, with excessive or insufficient consideration of relevant factors.
- Material Change in Circumstances: Where there has been a significant change in circumstances.
Breach of any release order conditions can lead to a charge of Failure to Comply, a criminal offense. This may complicate future bail applications, signaling to the court that the accused may be unwilling or unable to adhere to court orders. If released, subsequent bail plans may involve stricter conditions than the initial set.
What our client's say
R.F.
I am writing to you today to tell you that I got my insurance license from FSRA. I am really thankful for you and the team for supporting me and save my life and career, your efforts and corporation were fruitful.
Without your support, the magic would not have happened. I am really happy with the services you provided, and thanks to God, I hired you at the right time.
God bless you.
T.S.
The best criminal lawyers in town. I was charged with sexual assault. I contacted the firm, Rupin handled my case and they guided and informed me on all the steps on the way what will happen on court appearances. After the Pre-trial, there was supposed to be a trial, but the court put a stay as there was lack of evidence. The team advised that if in one year there are no new charges, the case will be dismissed and all fingerprints and police records will be destroyed. They listen to me, try to find the best solution and to make sure that accusations should not ruin my life. I would like to recommend Calvin Barry and his team for their tremendous work.
T.B.
Rupin Bal provided valuable legal representation on my behalf over a period in excess of 2 years while dealing with charges related to alcohol consumption and driving. They navigated the legal process adeptly and managed to steer the process towards a more lenient result than would otherwise have been the case had I plead guilty at the outset. The overall costs proved to be less than I'd expected given the level of service and they remained open to follow up questions well after the point in time where there was an obligation to do so. I recommend this company to anyone facing criminal charges that could have an adverse effect on their life and livelihood.
M.O.
If I can rate over 5 star, I would do knowing that you deserve it and more, your professionalism and level of expertise is first to none, your reception of all, regardless of race, tribe or nationality is a commendable one. I recommend you to all. Thank you for all you do. If you are reading and unsure of who to pick for legal representation, just book ur consultation with them. You won’t regret it.
M.B.
A huge thank you to Rupin for helping with my case! He was professional and got me the best Possible outcome pertaining to my case. Thank you again for all your hard Work.
S.D.
My experience with Rupinjit Singh Bal, and the whole team was beyond exceptional. They took on my rather difficult case in 2020 and have worked tirelessly since then to help me receive the best possible verdict in 2022. Not only did they win my case, but they also supported me through the long two-year process by providing great communication, excellent responsiveness, and extreme patience when dealing with my many questions and concerns. They are extremely knowledgeable, strategic, and thorough in their research, which was displayed in Rupinjit Singh Bal’s outstanding performance during my trial. I would highly recommend him and his team, as they truly cared about me and gave me the voice I needed in court. I am so proud to be a client of theirs and cannot thank them enough for their hard work.
J.S.B.
I really recommend Rupinjit Singh Bal, he helped me so much with my case and kept me updated throughout the process until everything was taken care of. He is very reliable gets excellent results for you and makes it highly convenient for you to continue with your work life and personal life while he works hard for you.
M.G.
Mr. Rupinjit Singh Bal is the best lawyer ever I have . He is very professional and intelligent. After 2 years he won the case in just 4 hrs. He bring my life back. I am highly satisfied with his service and recommended him to everyone who need the best lawyer
FAQ About Bail Hearings & Bail Reviews
In most criminal cases in the Toronto Region, the police can release a person from custody without requiring a bail hearing. However, there are circumstances where the police may choose to hold the individual for a bail hearing. These include concerns such as:
- The need to confirm the accused person’s identity.
- Fear that the accused might destroy evidence related to the investigation.
- Concern that the accused may continue or repeat the offence, or commit other criminal acts.
- Reasonable grounds to believe the accused will fail to appear in court.
If the police have any of these concerns, they are more likely to hold the individual for a bail hearing rather than releasing them directly from the station.
During a bail hearing, the court determines whether the accused should be released from custody while awaiting trial.
When deciding whether to release an accused person on bail, the Court must be convinced of the following:
- The accused will attend their future court dates.
- There is no substantial risk that the accused will commit further offences while on bail.
- The public will not be offended by the release, considering the seriousness of the charges and the strength of the prosecution’s case.
In most cases, the prosecutor has the burden of proving why the accused should remain in custody. However, in certain circumstances, the burden shifts to the accused, who must demonstrate why they should not be detained. This “reverse onus” typically applies in cases where the accused is already out on bail for other charges, or when they face specific charges, such as drug trafficking or firearm possession. It may also apply if the accused does not normally reside in Canada.
For someone in custody, a bail hearing is a critical point in their case and can heavily influence their decisions moving forward. It is a crucial part of the criminal process.
At the bail hearing stage, the accused will often need support from friends or family members who can act as sureties.
A surety is someone who agrees to supervise the accused while they are on bail and ensure that the bail conditions are followed. In some cases, the accused may be required to live with the surety. The surety will likely also need to pledge a monetary amount as part of the bail. This pledge serves as an incentive for the surety to properly supervise the accused, as they risk losing the money if the bail conditions are not met.
Typically, the surety does not have to deposit the pledged money upfront but must demonstrate to the Court that they have access to the amount, such as through bank statements or property deeds.
The number of sureties and the amount they must pledge can vary depending on several factors, including the nature and number of charges, the surety’s financial situation, their ability to supervise the accused, whether the accused has a prior criminal record, and the seriousness of that record. Each case is unique, and the decision on how many sureties are needed and the amount to be pledged is ultimately made by the Judge or Justice overseeing the bail hearing.
A surety may be required to testify in court about their plan to supervise the accused, provide background information, and explain their relationship with the accused to establish their suitability. One of the key roles of the defence lawyer is to ensure that potential sureties are thoroughly prepared for the court process.
Sureties should know in advance what questions they may face from the defence lawyer, and potentially from the prosecutor. A single wrong answer in court could lead to a denial of bail. Experienced criminal lawyers understand the types of questions likely to arise during a bail hearing and can prepare sureties for the more challenging ones. Proper preparation can make the difference between securing bail and facing a detention order.
During a bail hearing, the prosecutor may present a wide range of information about the accused and the offence, including details about their criminal history and the specific facts of the case. Since every individual in Canada is presumed innocent until proven guilty, the public disclosure of these allegations could potentially affect the accused’s right to a fair trial. In certain cases, the defence lawyer can request a publication ban on this information. The judge can then order that details, including the reasons for granting or denying bail, remain confidential and not be made public.
After a bail hearing, some accused individuals are released with relatively minor conditions, while others may face stricter requirements. These conditions outline what the accused can or cannot do while awaiting the resolution of their case. Common conditions of release may include regularly reporting to a police station, staying away from specific areas or locations, adhering to a curfew, notifying authorities of any changes in address, employment, or occupation, and refraining from any communication, directly or indirectly, with victims, witnesses, or others named in the court order. The judge may impose additional conditions as deemed necessary.
If the accused is denied bail and a detention order is issued, they must file a special application with the Superior Court of Justice to have the detention order reviewed by a higher-level judge. For more information on the process of reviewing a detention order, see: How can I change my bail conditions?
If a surety is unable to attend the bail hearing, one option is to postpone the hearing to a later date when they can be present. While there is no limit to how many times a bail hearing can be postponed, it’s important to note that a lawyer is typically hired to appear for only one bail hearing. Rescheduling may lead to additional legal costs for having the lawyer appear on another date.
If an accused is caught violating any of their bail conditions, they may be arrested and brought back to court for a new bail hearing. The court could revoke the initial bail order or, if the judge allows a release, impose stricter conditions on the new bail.
Your Bail Hearing & Review Lawyer in Southern Ontario.
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We serve clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region, all of southern Ontario and speak English, Punjabi and Hindi.