Understanding Bail Hearings
Your Filipino Criminal Lawyer in Toronto provides guidance if you are arrested for a criminal offence. When you are arrested for the said criminal offence, you have a right to ask for bail but asking for bail is not as easy as it sounds if you do not understand and do not know the process.
To better understand about the bail hearings, here are the relevant facts on the same:
Bail, also called a show cause hearing is a court order to release an arrested person from custody while he or she awaits for the trial, this allows the person arrested to be outside of jail, and continue his or her work to earn money while waiting for the trial. Its purpose is for a Judge/Justice to determine whether the accused should be released or not. In most bail hearings, the Crown and the Defence make arguments to the court without witnesses or documents, or evidence being introduced.
In bail hearings the crown must show cause to a Judge/Justice while the accused should not be released while waiting for trial.
The following are the types of bail situations under the Criminal Code:
- Regular bail situation: The Crown has the onus of proving why the accused should not be released on bail while awaiting trial
- Reverse-onus situation: When the defence must prove that the accused should not be detained awaiting trial, see section 515(6) of the Criminal Code
- Bail for offences listed in section 469: This contains most serious offences in the code, that includes, murder and treason. The court may release on an undertaking or recognizance if the accused is successful in showing case.
Judges/Justices’ consideration when making a decision for bail
- Personal character and history
- The nature of the alleged crime
- Past criminal history and court appearances
- Financial resources and employment
- Family ties and length of residence within the community
Do you need a surety to be released?
A surety is a person who agrees to supervise the accused while he is out on bail to ensure that the accused attends court and obeys all the conditions placed on him. Sometimes there are no surety required for release. You do not have to worry if you do not have a surety. There are court bail resources for individuals who finds that there are no sureties available for him. Any order that made at a bail hearing remains in effect until the end of the trial.
Do you need a surety to be released?
A surety is a person who agrees to supervise the accused while he is out on bail to ensure that the accused attends court and obeys all the conditions placed on him. Sometimes there are no surety required for release. You do not have to worry if you do not have a surety. There are court bail resources for individuals who finds that there are no sureties available for him. Any order that made at a bail hearing remains in effect until the end of the trial.
At AJ LAW LLP, our goal is to afford legal representation to persons who might otherwise be impaired without judicial recourse. We will analyze applicable laws for you and furnish you with a legal blueprint that would strategize your matter in the most legally efficient perspective possible. Let AJ Law LLP’s Filipino Criminal Lawyer review and assess your case. For free consultation feel free to contact us at +1 (416) 409-5991 or via email at info@ajlawpartners.ca. You can also visit our website at https://www.ajlawpartners.ca/.
At AJ LAW LLP, our goal is to afford legal representation to persons who might otherwise be impaired without judicial recourse. We will analyze applicable laws for you and furnish you with a legal blueprint that would strategize your matter in the most legally efficient perspective possible. Let AJ Law LLP’s Filipino Criminal Lawyer review and assess your case. For free consultation feel free to contact us at +1 (416) 409-5991 or via email at info@ajlawpartners.ca. You can also visit our website at https://www.ajlawpartners.ca/.