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Bail Hearing Lawyers

Initiate a Strong Criminal Defence in Toronto by Securing Your Release with a Mass Tsang Bail Lawyer

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The Judicial Interim Release

If you’ve been arrested on criminal charges in the Toronto area, mount your defence efforts immediately by securing the services of a highly skilled bail hearing lawyer. The Judicial Interim Release (bail) process in Ontario is among the first of many legal proceedings you will have to address in resolving the criminal charges. Efforts to gain pre-trial release without the assistance of legal counsel could result in an unfavourable bail outcome, including lengthy incarceration while awaiting trial.

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In fact, the quicker you secure the services of a Toronto-area bail hearing lawyer, the sooner your release from custody and the more likely you’ll be released under the most favourable conditions. Depending upon the nature of the charges, jurisdiction, and other relevant factors, your bail hearing lawyer may be able to negotiate a best-outcome release without a contested bail hearing.

The bail hearing lawyers at the Greater Toronto Area law offices of Mass Tsang are highly skilled in helping their clients achieve the best bail outcomes possible. This can mark a positive start to your criminal defence efforts and make it easier for your criminal defence lawyer(s) to strategize the handling of your defence going forward.

Mass Tsang Bail Hearing Lawyers Stand Ready to Help You

Assist with the bail review process if bail is denied

Ensure the most favourable type of pre-trial release possible

Mount a judicial appeal if pre-trial release is denied

Navigate the complexities of Judicial Interim Release (bail) process

Help present a strong argument for your release

Prepare the surety(ies) for questioning by the court

Aggressively defend against any bail review sought by the Crown

Negotiate release conditions

Negotiate with police and/or Crown prosecutors for release without a contested bail hearing

Push for the speediest appearance before a bail hearing, if required

Ensure the surety(ies) provide favourable responses during proceedings

Assist with ensuring that you follow the terms of your release conditions

If you or a loved one is facing criminal charges, get a jump start on mounting a successful defence by. Read on to learn more about the legal complexities involved with the Judicial Interim Release process and how your bail hearing lawyer can help you.

contacting the bail hearing lawyers at Mass Tsang immediately

Call Now at 416-781-1148 or

Making the Unmanageable Manageable –
Bail Hearing Lawyers

Regardless of how legal courtrooms and trials are portrayed in the media, the majority of those summoned to stand before the judge have two options when it comes to their accommodations whilst their case is being processed by the criminal court. These are the local jail awaiting your trial or being allowed to go free and live in your own home on bail.

This decision making between whether or not to allow someone to go free or to jail them until the trial date is called a bail hearing.

These bail hearings can be unbelievably stressful and nerve- wracking for the average person unfamiliar with the Ontario legal code since you are given less time to prepare. You need to be entirely aware of the evidence for the charges laid out against you and ways to counter it prior to the trial. This lack of information for someone not experienced in the field of law can easily become overwhelming, doubly so if an individual is obliged to spend their time in a detention centre or a jail cell awaiting their trial.

1,200 +

won cases

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case evaluation

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Total amount of hours per client

dozens of hours required for research, preparation and legal defence.

12-24 months

Case resolution time (from charge to trial)

Being Held Custody in Detention Centres

Detention facilities are not the ideal environment to formulate a legal defence and/or raise funds. This results in those held under remand (i.e. detaining an individual who has been arrested or charged with an offence until their trial) dealing with enormous pressure to plead guilty which they often resort to doing when it seems to them that there is no other option.

24,014

adults per day in sentenced custody

57%

of those were in
pre-trial custody

The trend has only accelerated since. By 2020/2021, over two-thirds (67%) of the average daily custody count in provincial correctional programs — across a sample including Ontario — was made up of people in remand: held in custody while their case is still before the courts, not because they've been convicted of anything. People held on remand are kept in provincial jails and detention centres, often alongside people facing far more serious charges. As the legal landscape of our courtrooms becomes increasingly risk-averse and more chaotic due to overcrowding, long waiting lists and deadlines, more and more people find themselves isolated while awaiting their trial.

However, it doesn’t mean you have to suffer this fate. Your bail hearing is a time to make right and prevents you from having to deal with the unfortunate reality of the incarceration system. Being held on remand puts real pressure on an accused person to plead guilty and makes it harder to prepare a defence.

Courthouses do offer free duty counsel (i.e. Government- funded lawyers and paralegals) through Legal Aid Ontario however these advisors are once again subject to the over crowded, chaotic, and stringent timelines as the judges before which they stand and often simply lack the time to come, meet with and interview their clients. That can leave the people who most need help with a rushed bail hearing.

An experienced, reliable lawyer: one that instead of rushing from one client to the next but instead takes the time to get to know, meet with and interview each of his clients scrupulously and with attention to detail is one that can help get you through the hurdles of the legal system. Mass Tsang’s experienced team handles bail hearings for clients across the GTA so you can leave the courtroom and go home with peace of mind.

Successful Bail Hearing Cases

On bail? Some legal know-how

As with everything else in the justice system, the Canadian legal system stipulates presumed innocence until proven guilty. This right has been constitutionally enshrined since the Canadian Charter of Rights and Freedoms was made constitutional law as of 1982. One of these rights is the right to reasonable bail conditions, this does not however mean that they will be the bail conditions you are looking for.

The various types of Bail Hearings:

  • Bail for the most serious offences listed in s. 469 of the Criminal Code, such as murder, can only be decided by a judge of the Superior Court of Justice (s. 522)
  • All other bail hearings, including for most indictable offences, are heard in the Ontario Court of Justice, usually before a justice of the peace.

There are also two separate types based on whom the onus falls on. The onus is a legal term used to describe the burden of a defendant or prosecutor when it comes to their respective cases.

Crown Onus Cases

Cases in which the Crown or the prosecutor carries the responsibility to justify the detention of the accused. Their goal is to prove the accused must remain in custody until the trial due to the threat of them posing a danger to society. These are the majority of cases unless posted otherwise as...

Reverse Onus Cases

Cases in which the accused or defendant holds the responsibility to justify their release on bail before the date of the trial.

Speeding and parking tickets are provincial offences, not Criminal Code charges, and never involve a bail hearing. Criminal Code offences are summary, indictable, or hybrid (the Crown chooses), and bail for every offence other than those listed in s. 469 is decided in the Ontario Court of Justice.

Releasing you on bail
How the Court decides

As previously mentioned, courts recently have tended to become increasingly risk-averse. Therefore, to meet their criteria for having you released on bail, it’s important to know exactly what characteristics they are looking for in the accused prior to making their decision.

Lack of Attendance

This is considered a primary ground of detention. In this case, the court is concerned that if you were to be released on bail, you wouldn’t return of your own volition to your trial and instead try to escape the law.

Danger to Society

This is labeled as a secondary ground of detention and is determined if the court deems you capable of committing further crimes and/or rendering the public not safe whilst out on bail.

Public Confidence in the Administration of Justice

This is quite rare and is the tertiary ground of detention. This involves the public losing faith in the justice system due to an individual being left out of custody which naturally depends on the circumstances of the offence as well as the publicity of the event.

The unfortunate reality is that the law is meant to be interpreted, it is after all, naturally, a subjective matter. This can sometimes become a danger as what classifies or does not classify as public outrage towards a case alongside a loss of faith in the justice system may and has increasingly resulted in those who might have deserved a chance in bail being denied.

Remember, most cases have the onus set on the Crown. Therefore, it is the responsibility of the crown’s prosecutors to prove why you should not be allowed to go free on bail. This is why it is essential to draft up a bail plan to deal with the concerns the crown may have about releasing you. The Crown will usually say which grounds for detention it relies on. That subsequently leaves you with your lawyer the opportunity to draft up your bail plan to articulate exactly why those concerns are invalid and why your release should not be a cause for concern.

What to watch out for to learn how it influences your potential chances of receiving bail are:

Your Age and Background

Your Socioeconomic Status

The Seriousness of Charges (obviously)

The Surety’s Ability to Supervise You

FAQ
What you might be wondering

Since 2019, a court that releases you issues a release order (s. 515(2)). Depending on the case, it can include no financial obligation, your promise to pay a set amount if you break a condition, one or more sureties who supervise you and may pledge money, or a cash deposit. Breaking a condition of a release order is a criminal offence (s. 145).

When cases are dealing with indictable offences and/or criminal offences, there will almost always be some concern on the Crown’s side as it pertains to allowing you to go free on bail. It will often come to pass that the crown will recommend to the judge or justice of the peace that the accused be released on certain terms or conditions. These terms or conditions laid out by the Crown by which the accused must abide are known as consent releases. While they might seem attractive to someone hoping to settle the legal matter as quickly as possible, it takes someone with know-how by your side to be able to get you the least restrictive bail conditions to give you the freedom to live your life while preparing for your trial.

These conditions often stipulate restrictions related to your case such as being prohibited from consuming alcohol, having a curfew, being prohibited from contacting an individual and/or requiring the accused to attend an educational institution or otherwise seek employment. At times, these can severely limit the family dynamic and work life of the accused and cut you off from what’s most valuable.

Police can release you without a bail hearing, usually by issuing an appearance notice or having you sign an undertaking with conditions (s. 498). This is more common for less serious offences. If police do not release you, you must be brought before a justice for a bail hearing.

The conditions on which the police will release you and a document that you might have to sign upon leaving police custody is known as a police undertaking. It is drafted up by either the police department or the court.

Your criminal record history is generally a major factor as to the police department’s decision making and a person with a lengthier or more serious criminal record is more likely to be held in police custody until their bail hearing. The police department is concerned with safety above all else and if they believe that you pose a threat, they will be opposed to letting you out of their custody. By law, your bail hearing must take place within 24 hours of a person’s arrest or otherwise, as soon as possible thereafter according to section 503 of the Criminal Code of Canada. Making sure that your rights are upheld and understood is foundational to our legal system. That is why MassTsang offers a team of lawyers for all communities speaking Mandarin, Cantonese, Punjabi and more to make sure that you are informed of them and able to protect your self interests to the best of your abilities.

These are involved during an individual’s bail period as well as bail hearings and are, at times, hard to get due to the level of responsibility which they have to carry. A surety is an individual that assumes responsibility for the actions of the accused during a bail period. This is used to offset the concerns a court may have about letting a suspect go free on bail due to one of the three grounds for detention. These are generally family members or otherwise very close friends and are obliged to be aware of the accused bail conditions, keep you up to date with them and ensure that you are following them.

A surety is financially tied to you. If you fail to live up to any of your bail conditions such as not coming home by the time of your curfew or being in possession of alcohol when you are forbidden to do so, or of course, not showing up to your trial hearing, the court can order the surety to forfeit some or all of the amount they pledged (s. 771).

If an individual breaches a court order, they and the surety will be given advance warning of at least 10 days and be granted a hearing at which they can try to explain why they should not lose their money. This hearing process is called estreatment. If you’re having trouble putting up the money for these legal procedures, MassTsang offers easy financing options to finance your legal defence to make sure you receive the service you deserve.

If you’re not happy with the terms of your bail, whether you find them too restrictive or for any other reason, you can request for the crown to change the conditions. This is referred to as consent variation. This is where a lawyer becomes crucial since it is the lawyer who talks with the Crown and provides them with the documents necessary to convince them that the change is necessary. There are legal procedures that everyone must follow and involve multiple options:

Bail Variation Form: This occurs when the Crown agrees to your request to change the terms of your bail and you are obliged to go to court of your own means to fill out a bail variation form. You will also need to be accompanied by your surety(ies) if you have any. An important thing to remember is that the changes do not come into effect until the judge or justice of the peace has signed the form, so be cautious.

Bail Review: When the Crown does not agree to your request for a variation in your bail condition, you might decide to have the case reviewed by a higher third-party. In this case, filling out a Notice of Application to the Crown so they can be informed of the decision you have taken and going to the Superior Court of Justice to plead your case (a higher court than the Ontario Court of Justice). But be prepared to have clear evidence in one of three grounds:

  1. An error has occurred in interpreting the law
  2. The original decision by the court was clearly inappropriate
  3. A material change has occurred in your circumstances

The ways to present this are through providing transcripts of your original bail hearing certified by the reporter and a collection of court documents related to the case known as an Application Record. One can never be too careful because the Crown itself may also apply for a judge to review your bail conditions under section 521 of the Criminal Code of Canada. Keeping a lawyer on hand to manage your case and ensure that your civil liberties are respected and bail terms lenient is a top priority.

Contested bail hearings as well as show cause hearings are all various ways of describing a bail hearing. The ‘show cause’ in show cause hearings is meant as an indicator for the legal onus placed upon one party to prove why they should be released on bail (i.e. the onus is on the defendant) These reverse onus scenarios generally occur when an individual:

  • Was already on release on bail but is currently facing new criminal charges.
  • Breached the conditions of their bail.
  • Is charged with a drug offence involving the sale and distribution of narcotics.
  • Is charged with certain very high-level serious offences.

As can be seen in these scenarios, the risk of letting the accused out on bail is greatly heightened, thus the legal onus is shifted onto the defendant which makes having an experienced lawyer with you becomes all the more important. With more than 30 years of combined experience, MassTsang is your go-to destination to prove your credibility to the court.

Let’s assume that the court deemed you, the accused, a danger to society or otherwise too risky to be let out on bail and resolved to keep you in custody. Your options become quite limited unless you are under 18 in which case the YCJA (Youth Criminal Justice Act) puts the legal onus on the crown prosecutor instead of the defendant. In the case of a legal adult, the reverse onus of many cases (i.e. laying the legal responsibility on you to prove your credibility to the court) severely restrains your ability to win your freedom.

  • 1. Applying for a consent release if the court did not approve of your conditions (only available if there has been a material change) (i.e. divorce, job loss)
  • 2. Applying for a bail review (as mentioned earlier, time-consuming, and expensive)

Bail hearings are very much a make it or break it scenario which is why ensuring you have the most competent confidants beside you to protect your interests is essential. It’s important to keep in mind that until a case has been completed, a person is still bound by their bail conditions. If you want to pose the question of how long you’ll be staying on bail, the answer might be a year, if not more depending on the case. Unless your charges are withdrawn due to overwhelming evidence towards the contrary, the verdict comes in or you plead guilty and are automatically sentenced, this intermediate zone which is plagued by delays is going to be a part of your life whether you like it or not. Getting your bail and with it, the terms and conditions that suit you renders a bad situation at the very least, manageable.

Sureties act as a line of defence when it comes to risk-averse courtrooms and accountable if the rules of your bail are breached and that you follow them as meticulously as possible. However, for more minor cases and depending on a crime’s severity as well as an individual’s criminal record, the court may release suspects on bail on a simple undertaking without a cash deposit or surety.  For those that require a surety but aren’t able to provide one, public organizations such as the Toronto Bail Program provide a replacement body that acts as a supervisor and financial backer on your behalf.

As outlined previously, youth cases differ largely in part due to youth cases being cases where the legal burden falls on the Crown. Therefore, the fact that the Crown needs to prove that you must be kept in custody rather than you needing to prove that you are reliable and trustworthy enough to be released on bail makes the bail hearing far more lenient for minors.

An Escape Route: Unlike for adults who have very limited resources to work with after a bail hearing, minors have the right to request a new hearing in front of a youth court judge if the previous justice of the peace denied the individual a right to bail. Adults do not have this right and can only apply for a bail review.

Lawyer: Responsible to make sure your rights and liberties are upheld and acts in protecting your interests. Convincing the crown that you are trustworthy enough to go out on bail or to reach an agreement with them if possible through a consent release. Otherwise, when in the courtroom, they bring up evidence on your behalf proving you should be released with the least restrictive bail conditions that are reasonably possible as it pertains to your case.

Crown: Responsible for advocating for the interests of the general public by ensuring their safety and security. If they have reason to believe you will infringe on one of the grounds that will justify your detention, they will push for it to guarantee that justice is served to the people.

Judge/Justice of the Peace: The ultimate lynchpin, the negotiator and the ruler who takes in evidence from both sides and makes the decision for an appropriate ruling as it pertains to the accused. It is their interpretation of the law that has the final say in the courtroom.

Our Team

Contact our Bail Hearing Lawyers

To receive expert advice and defence against Criminal Law charges, book a free consultation with Mass Tsang LLP at 416-781-1148. With more then 20 years of experience, our team of criminal lawyers provides service to clients in Toronto, North York, Richmond Hill, Mississauga, Brampton, Vaughan and all of Greater Toronto.

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