Representation at Bail Hearings in Orangeville & Brampton
Bail is the process whereby a criminal defendant is released pending trial, usually after providing a monetary guarantee to guarantee their appearance later. The exact amount of bail depends on many criteria, which is why you need to get strong representation at bail hearings in Orangeville, Brampton and the surrounding areas. At the Richard Allman Law Office, Richard will argue your case before provincial and federal courts to ensure you receive reasonable bail and preserve your freedom while awaiting trial.
The Bail Hearing Process
Your bail hearing is not your trial, but you must appear before a judge or justice of the peace for them to determine if you must stay in custody or can be free while your case is being considered by the court. You will also learn of any conditions the court will set if you are granted bail and released. You may be denied bail and detained during your ongoing case if you are considered a flight risk or a threat to the community. The nature and circumstances of the crime you are charged with also factor into the Crown’s decision to grant you bail or not.
When granting bail, the court can still order one of several levels of release related to your crime circumstances and have someone who can assure your good behaviour (a surety). These levels range from no supervision (no surety) to constant supervision (several sureties) depending on your case and the Crown’s assessment about risks of releasing you on your recognizance or supervision of the bail program. These risks include the possibility that you could:
Commit another offence while out on bail
Pose a danger to public safety
Skip your required court appearances
What to Expect at Your Bail Hearing
The Crown must “show cause” why you should stay in custody at your bail hearing. Your lawyer will help you “show cause” why you should be released while your case is in court. The Ontario Court of Justice only gives you one bail hearing. You may be denied bail and stay in custody until your case is resolved, goes to trial, or a bail review in the Superior Court of Justice grants you a release.
You may be released without conditions, but if the judge requires conditions, they must explain the conditions and why they are imposing them. You must follow these rules while on bail to avoid being arrested for failure to comply. You will be in custody again and face another bail hearing. Required conditions can include:
- Not communicating with a complainant or co-accused
- Staying a required distance from specific people or addresses
- Living at a specified address and being home during specific times
- Following specific rules of house arrest
Talking to Your Lawyer
By law, the police must allow you to contact and talk to a criminal defence lawyer. If you cannot afford one, the police must tell you about Legal Aid Ontario, which pays lawyers known as duty counsel to give free legal advice at any time, 24 hours a day.
If you can afford a lawyer, call Richard Allman Law Office. We are available 24 hours a day, 7 days a week, for emergency assistance with bail hearings in Orangeville, Brampton and the surrounding areas. Let us know if you are being held for a bail hearing and about the criminal charges you face. When our lawyer arrives at the courthouse, you must be allowed to consult with them in private before your bail hearing. Your lawyer will review the charges and your bail plan before your bail hearing. Be prepared to talk with your lawyer about:
- Your personal and medical history
- Medical conditions you have
- Mental health conditions or addictions you have
- If you have a criminal record and/or other outstanding charges
Also, provide your lawyer with the names and phone numbers of family or friends who could act as your surety if the court requires it. Your lawyer will contact them to be in the courtroom at your bail hearing.
Contact the Richard Allman Law Office to schedule representation at your bail hearing.