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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 Judical 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 you 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-trail 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

contacting the bail hearing lawyers at Mass Tsang

immediately. 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.

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 trail 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 trail. 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 trail.

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

Trends involving the use of remand across Canada have steadily increased from 2004/2005 to 2014/2015 according to Statistics Canada reporting an average of 24,014 adults per day in sentenced custody, 57% of those were in pre-trial custody (i.e. remand). The problem with these alarming numbers is that these people on remand are sent to maximum security facilities, either jails or detention centres in which an individual is lumped in with other convicts regardless of the crimes committed. This means a young adult who stole some valuables from a store can be in the same enclosed space as a seasoned serial killer. Needless to say, these facilities are gross violations of people’s liberty and human rights for those that do not deserve to be there. 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 trail.

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. Those in remand are rendered more likely to plead guilty, have less access to legal aid in the form of counsellors and advisors and thus receive longer and more severe sentences on average.

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. This unfortunately results in those who need the help most having subpar bail hearings, higher rates of remand and thus higher rates of conviction and longer sentences.

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. MassTsang has been successful with thousands of bail hearings with an experienced team servicing clientele across the GTA so you can leave the courtroom and go home with peace of mind.

Successful Bail Hearing Cases

Philip Mota is an absolutely incredible lawyer, extremely knowledgeable, hard working, compassionate, and takes the time to listen to you and fight for you as if you were family. Thank you Mr. Mota for everything you have done and for giving me a second chance. 5/5.
Mark S.
I would like to express my gratitude for your services. The way you presented your arguments and defended against cop’s attacks in court was really impressive. I hope I will never have to be in the same situation again but if do I will know who to call!
Kalinja
We reached out to Jeff Mass after a negative experience with another law firm and the difference was like night and day. We were impressed by Jeff and his team on how effective he was in getting us results that we did not think were possible. Jeff's approach as very professional and non judgemental which we really appreciated. Highly recommend using Mass Tsang!!!
Robert
Jeff - words cannot express how your service saved my life and put me back on track to where I was before. Everyone makes mistakes and mine was no exception. The support was amazing and he was a HUGE help in all the steps of the process. They truly did care. Thanks to Jeff Mass and his team my life is normal. Give Mass Tsang a good honest try, they are capable, understanding and they will help you get through the most difficult time! There is light at the end of the tunnel, call Mass Tsang to get you there!
Ms. T., Toronto
I want to thank you for all your hard work, expertise and genuine care in handling my case. From the first day I walked into your offices until my last day in court I felt like I was being defended by a competent and caring staff. It’s difficult to express how happy I am with Judge’s verdict of “not guilty”, but if I had to say it on one word I’m grateful. You not only saved me from a criminal record and fines and the loss of my license, but you gave me back my normal life again. I thank you for that!
Peter G., Toronto
Very professional and knowledgeable firm. Completely satisfied with an outcome. Would highly recommend Mass Tsang LLP to anybody in need of a counsel. Special thanks to Jeff and May.
Leon
A big thank you to you and Heather Spence for my son Paul’s favourable outcome the other day. It is a great relief to know that there are competent people in your corner when the chips are down. Keep up the good work.
P.V.
I wanted to thank you for getting my cases resolved. It was a really tough situation but you handled it perfectly and got me free. We are very happy that we chose you as our lawyer. Me and my whole family thank you a lot!
Kumar
I would like to thank you for assigning my case to James. He was professional, confident and prepared. His knowledge, compassion and organization made me feel confident that I chose the right law firm to represent me. I would recommend Mass and Tsang as well as James to anyone needing legal help. James made this difficult process easy and successful for me, putting my needs first. Thank very much for the A+ service. Thank you
Brad
I could not have been more pleased with the way everything was handled, I am so glad that I had May to fight my case for me. Now I can finally put this in the past thank you May!
Brooke
I never expected I’d need a criminal defence lawyer, so when the time came that I did, I was overwhelmed by the situation and the number of options out there. I decided on Mass Tsang after meeting with Jeff in person. He was friendly, knowledgeable, fair, honest and compassionate. He and James both made this very difficult process a little easier, and while I don’t plan on needing their services again, I would highly recommend them to anyone who does.
Michelle
I would like to personally thank you for assisting me through the challenging circumstances I recently faced and for representing me. You and your entire Team/Office ( with special thanks to James and Alexei as well ), were outstanding as far as representing me to the point that you were always concerned for me, following up with me and guiding me through to the end. I felt I was in very good hands, and clearly I was! Thank you for the most recent success, and I am glad you were on my side!
Toby
Phill Mota is an excellent lawyer and I would like to thank him for getting my drinking and driving charges withdrawn. I was driving home from a bar, I wasn't terribly over the limit, but it was late and I was tired. I fell asleep behind the wheel, flipped my car, and completely wrote if off. It was not a good situation. I was charged with impaired and over 80 mg. However, after Phill cross-examined most of the witnesses on the first day of trial, he made it apparent that the arresting officer violated my charter rights.He also casted enough doubt that I was impaired. The crown attorney subsequently withdrew my criminal charges before we finished the trial. Thanks again Phil!!
Al
I would like to thank my lawyer Phil Mota for getting me out of a tough spot. I was facing my second DUI charge which meant, at minimum, I would be going to jail if I lost. Not to mention the hefty 3 year minimum license suspension which would make me lose my job. My case was not a winner. However, Phil took over my case and noticed there might have been enough delay in the proceedings which arguably violates my another right to a speedy trial. Phil filed the application to get the case thrown out, and he was able to use this as leverage to work out a deal. In the end, all I got was a careless driving ticket. The criminal charges were withdrawn. No jail, no 3 years suspension, no conviction. Thank you, Phil for caring about my case and doing everything possible for me.
Joseph
Going through a criminal process is really scary and your lawyer needs to more than just your representative in court. Your lawyer is your rock, your advisor, your confidant, salvation and even therapist at times, so you had better choose wisely! I certainly did. My lawyer, Jeff Mass of Mass-Tang took a terrifying process, broke it down for me into a simple to understand steps, laid out my options clearly and took the fear of the unknown away, replacing it with confidence in him. He held my hand every step and was an incredible negotiator and delegate in court and in dealing with police services. Jeff is sharp, there when you need him to be, efficient, thorough, passionate about what he does and a best-of-breed litigator.
Tommy D.
i just have to say the moment i walked into mass tsang it was nothing but professionalism. I was facing very serious charges that could potentially have giving me jail time if i was convicted. Every step of the way they guided me through the best course of actions and eventually i got my charges withdrawn with a peace bond. i can not thank them enough for what they did for me. I highly recommend using them if you need professional and thorough representation.
Chris P.
Phil Mota is an excellent lawyer and I'd like to thank him for winning my trial. He really cared about my case and took the time to guide me through everything. I would strongly recommend him and his firm. Very professional.
V. Rocha
I can't thank Phil Mota enough for winning my trial. I had a lot on the line and he did an amazing job. I still can't believe we won. Thanks again to Phil and the firm.
M. S.
Phil Mota is the best! I was facing a charge of cocaine possession which I was very concerned about for many reasons. However, Phil got the crown to agree to withdraw my charge. Thank you for giving me a second chance.
Z. E
I can't thank Phil Mota enough for winning my trial. I had a lot on the line and he did an amazing job. I still can't believe we won. Thanks again to Phil and the firm.
M. S.
I'd like to thank Phill Mota for winning my trial! I thought I had a hopeless case but Phill did an excellent job preparing and executing my defence. Phill is an amazing lawyer and I would recommend him and the firm to anyone!
A. O.
Thank you Phillip Mota for everything, you've done for me from the start. You are a smart and honest person and I really appreciate that. We did it!
A. D.
This is a review for my lawyer Phillip Mota. Phil is a great guy, he was very professional, and I could tell that he really cared about my case. I was facing a tough trial but we won it. Thanks a lot.
Dom. C.
I'd like to give a long thank you to my lawyer Phillip Mota. I was facing very serious allegations where the stakes were really high. My experience with the firm was very professional. Phill is a smart and passionate lawyer. He fought hard for me and won my trial. Thanks again for the best possible result.
Al. E.
I really appreciate the way Phillip Mota handled my case. He is an intelligent, honest lawyer who really cares about his job. He really took the time to explain and prepare my case. He did an amazing job in court. The crown withdrew my charges half way into the trial. Thank you for everything!
M. F.
Phil Mota is an excellent lawyer and he really cared about my case. I could tell how passionate he was every step of the way! Thanks to him I came up against a tough case and got acquitted.
G.B.

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:

  • The most serious of cases are held in the Superior Court (i.e. the top provincial level tribunal) and are generally for more complex and severe cases.
  • Less severe cases alongside summary convictions are processed at the Ontario Court of Justice

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 trail 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 trail.

The cases for which a bail hearing is held in a Superior Court are those for indictable offences. If you have ever had a charge for speeding or parking where you weren't supposed to, these are examples of summary offences and are usually handled by municipal courts. Indictable offences on the other hand are more serious and vary greatly from one scenario to the next.

Indictable offences
What you need to know

  1. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than
  1. an offence under any of the following sections:
    1. section 47 (treason),
    2. section 51 (intimidating Parliament or a legislature),
    3. section 53 (inciting to mutiny),
    4. section 61 (seditious offences),
    5. section 74 (piracy),
    6. section 75 (piratical acts), or
    7. section 235 (murder);

Accessories

  1. the offence of being an accessory after the fact to high treason or treason or murder;
  2. an offence under section 119 (bribery) by the holder of a judicial office;

Crimes against humanity

  1. an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

Attempts

  1. the offence of attempting to commit any offence mentioned in subparagraphs (a)(i) to (vii); or

Conspiracy

  1. the offence of conspiring to commit any offence mentioned in paragraph (a.)

Summary:

In short, if your case includes one of these charges, you are dealing with an indictable offence and thus a bail hearing at a Superior Court of Justice.

Indictable offences
What you need to know

  1. Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified, the justice shall order, despite any provis
  • with an indictable offence, other than an offence listed in section 469,
    • that is alleged to have been committed while at large after being released in respect of another indictable offence pursuant to the provisions of this Part or section 679 or 680,
    • that is an offence under section 467.11, 467.12 or 467.13, or a serious offence alleged to have been committed for the benefit of, at the direction of, or in association with, a criminal organization,
    • that is an offence under any of sections 83.02 to 83.04 and 83.18 to 83.23 or otherwise is alleged to be a terrorism offence,
    • an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act,
    • an offence under subsection 21(1) or 22(1) or section 23 of the Security of Information Act that is committed in relation to on offence referred to in subparagraph (iv),
    • that is an offence under section 99, 100 or 103,
    • that is an offence under section 244 or 244.2, or an offence under section 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 that is alleged to have been committed with a firearm, or
    • that is alleged to involve, or whose subject-matter is alleged to be, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition or prohibited ammunition or an explosive substance, and that is alleged to have been committed while the accused was under a prohibition order within the meaning of subsection 84(1);
  • with an indictable offence, other than an offence listed in section 469 and is not ordinarily resident in Canada,
  • with an offence under any of subsections 145(2) to (5) that is alleged to have been committed while he was at large after being released in respect of another offence pursuant to the provisions of this Part or section 679, 680 or 816, or in Canada,
  • with having committed an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act or the offence of conspiring to commit such an offence.

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.

Losing Face/Reputation

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. Before your hearing, the judge will inform you and your lawyer of the type of risk that the crown is concerned with as it pertains to you. 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.

In general, what you need to watch out for and 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

A recognizance acts as a form of bail in which a party ‘recognizes’ that they owe a duty to the state. It is granted by a court and requires you to promise to not breach the conditions and acknowledge that doing so will result in criminal charges. There are 2 different types of recognizance; one in which you solely are liable for your actions and put up a liability, usually a cash deposit, which you lose if you breach the court order. On the other hand, the second type requires that you need another person to supervise your bail.

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 trail.

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.

When being held in police custody, the police department carries with it the sole discretion of whether or not to keep you in custody or let you go without any bail hearing. This generally occurs for smaller, usually summary level convictions. The threshold between what is considered a summary level and indictable conviction can be found . If you are allowed to go free after being taken in, the police will generally have you fill out and sign a Promise to Appear form in which you vow to come to your trial 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 surety is fined a specific amount of money as a consequence and can range anywhere from $500 to several thousand.

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 (i.e. the highest ranked legal body in the province). 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
Jeff Mass
Criminal Defence Lawyer
Managing Partner

Jeff Mass was born and raised in Montreal, Quebec. Coming from a family of judges and lawyers it was only a natural fit that his chosen profession was the practice of law.

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Robbie Tsang
Criminal Defence Lawyer
Managing Partner

Robbie was born and raised in Toronto, Ontario. In 2000 he graduated from the University of Toronto with a Bachelor of Science while studying human biology and actuarial science.

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Heather Spence
Criminal Defence Lawyer
Partner

Heather Spence graduated from Wilfrid Laurier University in 2006 with an Honours Political Science degree and a Business Administration minor. Heather graduated Osgoode Hall Law School where she received a Juris Doctor in Law.

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Brian Brody
Criminal Defence Lawyer
Partner

Brian Brody was born and raised in Chicago, Illinois and has always been interested in social equality. Coming from a family of lawyers it was easy for him to choose the practice of law.

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Alexei Zaitsev
Criminal Defence Lawyer
Senior Associate

Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under

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Evan Sinclair
Criminal Defence Lawyer
Associate

Evan Sinclair studied law at the University of Windsor and the University of Detroit Mercy, receiving American and Canadian law degrees. Evan’s passion for criminal law was solidified after spending a semester as a student attorney working for the Detroit Mercy Criminal Legal Clinic.

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Kirn Verma
Criminal Defence Lawyer
Associate

Kirn was born and raised in Toronto, Ontario. He graduated with his Bachelors of Arts majoring in Philosophy at McMaster University, and went on to pursue law, graduating from University of Leicester Faculty of Law.

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Ruaridh McCartney
Criminal Defence Lawyer
Associate

Ruaridh McCartney is an Associate at Mass Tsang LLP. Ruaridh graduated from the University of Western Ontario in 2019 (Honours BA with a Specialization in Political Science). From 2019-2021 he attended the University of Southampton in the United Kingdom and graduated Juris Doctor in law in 2021.

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Sehar Qureshi
Criminal Defence Lawyer
Associate

Sehar Qureshi is an Associate at Mass Tsang LLP. Born and raised in Scarborough, she graduated from the University of Toronto (Scarborough) in 2017, with an Honours Bachelor of Science in Neuroscience and Psychology. She then attended the University of Windsor where she received a Juris Doctor in Law in 2022.

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Alexa Cohen
Articling Student

Born and raised in Toronto, Ontario, Alexa Cohen is an Articling Student at Mass Tsang LLP. Alexa's passion for criminal law is longstanding. Alexa chose an undergraduate degree in Criminology, with the intention of practicing criminal law for her future career endeavours.

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Stephanie Tong
Operations Manager

Stephanie was born in Hong Kong. She graduated from University of Toronto with an Honours Bachelor of Arts Degree majoring in Sociology and Book & Media Studies. In addition to her years of experience in operations management, legal administration, and customer service, she is also a certified interpreter for Cantonese and is fluent in Mandarin as well.

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Lydia Miniovich
Administrative Manager

Lydia was born and raised in Toronto, Ontario. She graduated from the University of Toronto in 2017 with a Bachelor of Arts in political science, English, and history. Lydia has been working at Mass Tsang since 2018.

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Releasing you on bail
How the Court decides

After arrest for a crime, you are entitled to the rights of knowing what you’ve been arrested for, the right to hire and instruct a lawyer, the right to speak with a lawyer, in private and as soon as possible as well as more. A lawyer is not only helpful but necessary in:

  • Helping you learn about your rights and
  • Fighting for your interests and securing the best bail and sentencing conditions for you.

Everyone is similarly entitled to a bail hearing 24 hours after arrest or as soon as possible if delays occur. If the police who keep you in custody oppose your release, you will have to wait until a bail hearing.

At a bail hearing, the allegations against you will be read out from a police summary report, this is known as the synopsis

Your lawyer on the other hand will present evidence advocating for your release. The more serious the allegations, the greater assurance a judge needs to ensure you will meet the requirements of the law whilst on bail.

This is where cash deposits and sureties come into play. Sureties will supervise your actions and be financially responsible if you breach the terms of your bail. Both you and your surety are usually required to put up a cash deposit which is only payable if you breach the conditions of your bail. Getting a bail that allows you the space to sit back, reflect and plan your next steps is important for making sure that your preparation for sentencing is robust enough to withstand the crown’s prosecution.

A legal confidant, one with experience, a perspective of the other side and one that’s willing to listen is key to making your legal process as painless as possible. With a flat rate, no hidden costs and flexible payment plans coupled with an experienced team of over 30 years of combined experience, MassTsang is here to help and put you back on track.

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.

Your information is 100% confidential

Areas our Criminal Defence Lawyers Serve

  • Toronto
  • Richmond Hill
  • Newmarket
  • Kitchener
  • Guelph
  • Mississauga
  • Brampton
  • Oshawa
  • Barrie
  • Burlington
  • Milton
  • Vaughan