Bail Hearing
Bail Hearing: Your Fight For Freedom Starts Here
Purpose: Bail is designed to allow an accused person to remain in the community while their case is pending trial. This is based on the presumption of innocence, and the understanding that keeping someone detained pre-trial should be the exception, not the rule.
Not Automatic: Bail isn’t a right. The judge must weigh several factors to ensure the safety of the public, the proper functioning of the justice system, and whether you will appear for your trial when required.
Conditions: Bail is almost always granted with strict conditions. This could include where you live, reporting requirements, curfews, restrictions on contacting certain people, and more. Violating these conditions is a serious offence.
Why You're Facing a Bail Hearing
Police Discretion: If the police believed there were no serious concerns about you fleeing, re-offending, or interfering with witnesses, they likely would have released you at the station with a court date.
The Three Grounds for Detention: The judge focuses on:
- Primary Grounds: Whether you’re a flight risk based on the severity of the charges, your lack of ties to the community, your history of missing court dates, etc.
- Secondary Grounds: Whether you pose a danger to the public if released. This considers the nature of the charges, your criminal record, or any history of violence.
- Tertiary Grounds: Whether releasing you would undermine the public’s confidence in the justice system. This is often a factor in very serious or high-profile cases where the allegations themselves generate a lot of attention.
How Bail Hearings Work
Timing is Crucial: Hearings usually happen within 24 hours of arrest, although delays can sometimes occur. This means you need immediate legal representation.
“Show Cause” Burden: The Crown Prosecutor has to present evidence and arguments justifying why you should NOT be released. This can include police reports, witness statements, your criminal record, etc.
Your Defence: Your lawyer’s role is multifaceted:
- Challenging the Crown’s evidence, raising doubts about its strength.
- Arguing that the Crown’s concerns can be addressed through strict bail conditions.
- Presenting a detailed “release plan” with proof of where you’d live, who’d supervise you, any treatment programs you’ll attend, etc. A surety (someone who pledges money if you violate bail) may be offered.
Judge’s Considerations: The judge must assess all the information presented, along with specific factors including:
- The strength of the Crown’s case.
- The severity of the charges.
- Your past criminal record (if any).
- Your background, employment status, and ties to the community.
- Any support system (family, friends) who can assist in supervising you.
Possible Outcomes:
- Released with no conditions (quite rare).
- Released with conditions: These can range from minimal to very restrictive.
- Detained: You remain in custody until your trial or until another bail hearing is held if circumstances change.
The Role of a Criminal Defence Lawyer
Securing Your Release: Lawyers are experts at what judges look for on bail. They present the strongest possible case, focusing on overcoming the Crown’s objections.
Protecting Your Rights: Hearings have strict procedural rules. Your lawyer makes sure these are followed, objecting to inadmissible evidence or unfair practices.
Reasonable Conditions: If bail is granted, your lawyer fights for the least restrictive conditions possible so you can maintain your job, family connections, etc.
Building Your Defence: A lawyer starts investigating your case immediately, and any relevant evidence uncovered can further strengthen your release arguments or set the stage for your long-term case strategy.
Frequently Asked Questions
What factors impact the judge's decision?
Your prior record, employment, community ties, support systems, the severity of the charges, and more.
Can the decision be reviewed?
Yes, but it’s difficult to get it overturned. Your lawyer can advise on options.
If my bail is denied, how long can I be detained?
This depends on the case. Your lawyer will explain the timelines.
Should I agree to a guilty plea to be released?
NEVER do this without a lawyer’s advice. There may be other ways to secure your release.
A family member is facing a bail hearing, how can I help?
Contact our office ASAP. You may be able to provide valuable background information to support their case for release.
Let's Talk About Your Case
Bail hearings are high-stakes, and the outcome deeply impacts your life while awaiting trial. Using our vast experience and honed skill, we will:
- Intervene immediately to give you the best shot at release.
- Prepare you for the hearing, so you know what to expect.
- Fiercely argue for your rights and put your strongest case forward.
- Work to secure the least restrictive bail conditions.
Don't gamble with your freedom. Contact us 24/7 for a free confidential case review.
Other Stages in the Court Process
Successful Cases
View Our
Successful Cases
We have helped hundreds of people get their charges dropped or reduced. We know the system, fight hard for your rights, and get the best outcome for your future.
Client Reviews
