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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.

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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.

When someone is arrested, they are usually released by the police as their case progresses through the court system. However, the law recognizes that public safety and the justice system’s proper functioning may require an accused person to remain in custody until their court appearance.
If the police do not release an individual after their arrest, the accused person has the right to a bail hearing. During this hearing, the accused can present their case for release. Typically, the Crown informs the court of the police’s allegations, and the hearing may involve the accused or potential sureties providing evidence on the witness stand to aid the court in its decision.
In Canada, there is a constitutional right for every person to be released on bail pending trial, unless there is just cause for custody. Instances where an individual is held without bail are limited, and pre-trial detention is uncommon. However, if the court determines that an individual poses a threat to the public, is a flight risk, or detention is necessary for maintaining confidence in the administration of justice, the accused may be held in custody.
Changing Bail Conditions:
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.
Potential Bail Conditions:
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.
Who can be a Surety:

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:
Denial of Bail: Review and Consequences
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.
Not all cases will be granted a bail review hearing, and if the accused is applying for a review under section 520, they bear the burden to show, on a balance of probabilities, why the existing release order should be vacated. A Superior Court judge can vary a release or detention order on a bail review under three circumstances:
During a bail review, the judge examines the transcript of the previous bail hearing, submitted materials, and any new evidence. Factors such as due diligence, credibility, relevance, and the impact of new evidence on the result are considered. If criteria are met, the judge has the authority to review and modify the release or detention order.
Consequences of Breaching Bail Conditions
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.
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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:

  1. The need to confirm the accused person’s identity.
  2. Fear that the accused might destroy evidence related to the investigation.
  3. Concern that the accused may continue or repeat the offence, or commit other criminal acts.
  4. 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:

  1. The accused will attend their future court dates.
  2. There is no substantial risk that the accused will commit further offences while on bail.
  3. 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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Reach out to our Bail Hearing Lawyers now to schedule a complimentary legal consultation and let our experienced team provide you with the guidance you need.

We serve clients in Toronto, Brampton, Hamilton, Kitchener-Waterloo, London, the Niagara Region, all of southern Ontario and speak English, Punjabi and Hindi.

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