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Bail Lawyer In Toronto - Frequently Asked Questions

March 2023

Does everyone charged with a criminal offence require a bail hearing?

In Ontario, a bail hearing is not always necessary for everyone charged with a criminal offence. If a person is charged with a less serious offence, they may be released by the police without being required to attend a bail hearing. However, if the police decide not to release the accused, or if the accused is charged with a more serious offence, a bail hearing will be required.

During a bail hearing, the accused will have the opportunity to request their release from custody pending the outcome of their trial. The court will consider a number of factors, including the nature of the offence, the accused's criminal history, and the likelihood that the accused will attend court dates and not pose a danger to the public. The court may impose certain conditions on the accused if they are granted bail, such as reporting regularly to the police, surrendering their passport, or agreeing to remain within a certain geographic area.

It is important to note that even if an accused is not required to attend a bail hearing, they may still be subject to conditions of release imposed by the police. It is advisable for anyone facing criminal charges to consult with a criminal defence lawyer, who can help them understand their rights and guide them through the bail process.

What happens at a bail hearing?

In Toronto courts, a bail hearing is a court proceeding in which an accused person appears before a judge or more often a justice of the peace to request their release from custody pending the outcome of their trial. During a bail hearing, the Crown prosecutor will present evidence in support of detaining the accused, while the accused and their defence lawyer will present evidence in favour of their release.

The justice will consider a number of factors when deciding whether to grant bail, including the nature of the offence, the accused's criminal history, and the likelihood that the accused will attend court dates and not pose a danger to the public. The judge may also consider whether the accused has a stable residence, employment, or other ties to the community that would support their release.

If the justice grants bail, they may impose certain conditions on the accused, such as reporting regularly to the police, surrendering their passport, or agreeing to remain within a certain geographic area. The accused will also be required to provide a sum of money usually by way of a promise, called a pledge, as a form of security to ensure their compliance with the conditions of release.

If the judge denies bail, the accused will remain in custody until the outcome of their trial. It is important for anyone facing criminal charges in Toronto to consult with a criminal defence lawyer, who can help them understand their rights and guide them through the bail process.

How does the Court decide who to release on bail?

What does an accused person need to do to in order to get bail?

How many sureties does somebody need to get bail and how much money will the sureties need to pledge?

What can be mentioned at a bail hearing?

What are some possible conditions of release?

There are a variety of conditions of release that a judge may impose on an accused person who has been granted bail. Some possible conditions include:

  1. Reporting to a designated police station on a regular basis, such as once a week or once a month.
  2. Surrendering travel documents, such as a passport, to the court.
  3. Agreeing to stay away from certain people or places, such as the victim or the scene of the alleged crime.
  4. Abstaining from drugs and alcohol.
  5. Agreeing to a curfew, where the accused must be at home during certain hours.
  6. Wearing an electronic monitoring device, such as an ankle bracelet, to track the accused's movements.
  7. Living at a certain address, and not leaving without permission from their surety or other prescribed restrictions imposed by the court.
  8. Refraining from possessing any weapons or firearms.
  9. Providing a surety or sureties, who pledge to pay a specified amount of money if the accused violates their bail conditions or fails to attend court.
  10. Paying a cash bail amount to the court as a guarantee of their appearance (although cash bails are normally reserved for individuals who are not residents in Ontario)

The specific conditions of release will depend on the individual circumstances of the case, and the justice’s assessment of the accused's risk of reoffending or failing to attend court. It is important for an accused person to comply with all conditions of their release, as a violation could result in their bail being revoked and they may be remanded back into custody.

How does the Court determine who is eligible for release on bail?

In Ontario, when determining whether an accused person is eligible for release on bail, the court considers a variety of factors. These factors may include:

  • The nature and seriousness of the offence(s) the accused is charged with;
  • The accused's criminal history and previous involvement with the criminal justice system;
  • The likelihood that the accused will attend court dates and comply with their bail conditions;
  • The strength of the prosecution's case against the accused;
  • The potential danger or risk that the accused may pose to the public or to specific individuals.

The court may also consider factors related to the accused's personal circumstances, such as their employment status, family situation, and ties to the community. The accused may be required to provide information about their financial resources and may be asked to provide references or sureties who can vouch for their character and reliability.

What happens if the accused is not granted bail?

If an accused person is not granted bail by the court, they will remain in custody until their next court appearance. If an individual has a bail hearing and is ordered detained, they will remain in custody until they either bring a successful bail review, or complete their matter either by way a conviction or the charge(s) otherwise getting withdrawn or stayed. The length of time they may remain in custody will depend on the type of offence(s) they are charged with and the availability of court dates.

If the accused is not granted bail at their initial bail hearing, they may have the option to request a review of their detention order. This review may take place a few days or weeks after the initial hearing, and the accused may have the opportunity to present additional evidence or arguments in support of their release. A bail review application can claim either a material change in circumstance or a legal error made by the justice, or both.

When an accused is released from custody but wishees to have their bail conditions changed,, they may be eligible for a bail variation hearing, which allows them to request a change in their existing bail conditions. For example, if an accused person's circumstances have changed since their initial bail hearing, such as a new job or living arrangements, they may be able to request a variation to their curfew or reporting requirements. Bail variations can only occur with the consent of the Crown. Absent that consent, the person must bring a bail review application as outlined above.

Ultimately, if an accused person is not granted bail, they will need to wait in custody until their trial or until the disposition of their case which can be by reaching a resolution with the Crown, for example. It is important to note that being held in custody can have serious consequences, including loss of employment, housing, and relationships, which is why it is crucial to have a skilled criminal defence lawyer on your side to fight for your release on bail.

Can you get your bail conditions changed?

Yes, it is possible to get your bail conditions changed in Ontario, but you must apply to the court to do so. If your circumstances change or if you can show that your current conditions are too onerous or inappropriate, you can request a variation of your bail conditions.

To apply for a variation, you will need to fill out a form and file it with the court. You may also need to attend a bail variation hearing where you can explain why you are requesting the change and provide evidence to support your request.

The court will consider various factors when deciding whether to grant your request for a variation, such as the nature of the offence, the likelihood of you complying with the new conditions, and the potential risk to the public. If the court is satisfied that the requested changes are reasonable and necessary, it may vary your bail conditions so long as the Crown consents to the variation

It is important to note that if you violate any of your bail conditions, the court may revoke your bail and require you to remain in custody until your trial. Therefore, it is essential that you comply with all of your bail conditions until they are formally changed by the court.

Contact Titan Defence For Your Bail Hearing

Being charged with a criminal offence can be a daunting experience, especially when it comes to bail hearings and conditions of release. That's why it's crucial to hire an experienced bail lawyer who can guide you through the legal process and protect your rights.

At Titan Defence, our team of skilled criminal lawyers has a wealth of experience in handling bail hearings and bail variations. We understand the importance of securing bail and can work tirelessly to achieve the best possible outcome for our clients.

With our extensive knowledge of the law and our ability to craft compelling arguments, we can help you challenge your bail conditions and obtain the best possible terms of release. We will also ensure that you are fully aware of your rights and obligations under your bail conditions, so that you can comply with them and avoid any potential violations.

Don't leave your freedom and future to chance. Contact Titan Defence today to schedule a consultation with one of our experienced bail lawyers and let us help you navigate the complex world of bail hearings and conditions of release.

Author: Titan LLP

NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.