Are You Looking For a Bail Hearing Lawyer In Oakville Or In The Surrounding Areas 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.
At FMK Law Group, our experienced Oakville lawyers are dedicated to protecting the rights of accused individuals, including their right to reasonable bail. We are available 24 hours daily to immediately assist those facing bail hearings, ensuring they receive fair and just treatment throughout the legal process.
What Is a Bail Hearing?
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.
For most offences, the Crown Attorney is responsible for establishing why the accused should be detained. 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.
The Bail Hearing Process
A 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 and potential danger to the community, as well as 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.
What to Expect at Your Bail Hearing
At your bail hearing, the Crown has the burden of proving 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
Why Can a Lawyer Help?
Lawyers are legal experts, and at FMK Law Group, these attorneys are ready to passionately defend your case and help you get the best outcomes. When you have to go to a bail hearing, you might have different things in mind.
For example, you may be worried about whether or not you’ll be eligible, and if you are, you may be concerned about the money you need to pay.
A lawyer can help you through this process and guarantee it’s as smooth as possible. Expert attorneys can guide you, suggest the best alternatives, and defend you in court.
Call FMK Law Group Today
If you are facing charges related to the proceeds of crime in Oakville or the surrounding areas, you need an experienced bail hearing lawyer to represent you.
FMK Law Group has a team of lawyers who are experts in this field and understand the unique challenges. We will work tirelessly to secure your release from custody and protect your rights throughout the legal process.
We will also represent you in court and fight for you every step of the way, from the bail hearing to the final disposition of your case in Oakville.
- Call us for FREE Consultation
- (647) 588-3234