Are You Looking For a Bail Hearing Lawyer Brampton, ON, Who Will Fight To Protect Your Rights?
The right to bail is a fundamental principle of Canadian law, enshrined in Section 11(e) of the Charter of Rights and Freedoms. This right ensures that individuals charged with an offence are not arbitrarily detained and have the opportunity to prepare their defence while awaiting trial.
If you’re in Brampton, ON, confronting allegations like Breach of conditions or probation, having a skilled and dedicated legal team by your side is crucial.
Our team of Brampton criminal lawyers is unwavering in their commitment to safeguarding your rights and ensuring your perspective is heard every step of the legal journey.
While our criminal Lawyer services are centred in Brampton, ON, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.
Bail hearings are crucial proceedings that determine whether an accused individual should remain in custody or be released before their trial. These hearings are typically conducted before a Judge or Justice of Peace.
The Crown Attorney is responsible for establishing why the accused should be detained for most offences. However, in cases involving severe criminal charges or when the accused is released, the onus may shift to the accused to demonstrate why they should be granted bail. This shift in onus is known as a “reverse onus” bail hearing.
Brampton bail hearing is not a trial but rather a proceeding where a judge or justice of the peace determines whether you should be detained or released while awaiting your trial.
If granted bail, you will be subject to certain conditions, such as appearing in court for all scheduled hearings and refraining from criminal activity. The decision to grant bail is based on your risk of flight, potential danger to the community, and the nature and severity of the charges against you.
Upon bail approval, the court has the authority to impose varying levels of supervision contingent upon the specific circumstances of the crime and the availability of a surety, an individual who pledges to ensure the defendant’s good behaviour.
These supervision levels encompass a spectrum from no supervision (no surety) to continuous monitoring (multiple sureties), tailored to the specific case and the Crown’s assessment of the risks associated with releasing the defendant on their recognizance or under the bail program’s supervision.
At your bail hearing, the Crown must prove why you should remain in custody. Your lawyer will advocate for your release, presenting evidence and arguments to demonstrate that you pose no risk to the public or the justice system if granted bail.
The Ontario Court of Justice typically grants only one bail hearing. If your bail application is denied, you may remain incarcerated until your case is resolved, goes to trial, or a bail review in the Superior Court of Justice grants your release.
Bail is a conditional release from custody while awaiting trial. If the judge requires conditions, they must explain the conditions and why they impose them. You must follow these rules while on bail to avoid being arrested for failure to comply. Failure to comply will result in custody and another bail hearing.
Some common bail conditions include:
- Avoiding contact with certain people, such as victims, witnesses, or co-defendants.
- Reporting to a police station at designated times.
- Living at a specified address and being home during specific times
- Surrendering your passport or other travel documents
Facing charges related to proceeds of crime in Brampton, ON, demands experienced legal representation for your bail hearing. At FMK Law Group, our expert lawyers understand the unique challenges and will tirelessly work to secure your release and protect your rights.
Trust Fadi Matthew, a seasoned criminal defence lawyer Brampton, ON, to navigate your bail hearing with skill and expertise. Focusing on achieving the best outcome for your case, Fadi Matthew is your trusted advocate during this challenging time.
When you need a reliable criminal lawyer in Brampton, ON, for your bail hearing, count on Fadi Matthew and the FMK Law Group team to provide exceptional legal representation.