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When confronted with criminal Brampton charges, securing the assistance of seasoned bail lawyers can significantly impact the outcome of your case. 

At FMK Law Group, located in Brampton, we provide exceptional legal representation to clients in need. Our team of skilled lawyers is committed to offering robust defence strategies to aid in swiftly and effectively addressing your situation.

We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Breach of conditions and Breach Of Probation.

Although our primary focus is on providing Bail services in Brampton, we also offer representation to clients throughout the Greater Toronto Region. This includes areas such as Oakville, Mississauga, Milton, and Burlington.

Bail, also known as Judicial Interim Release, allows an accused individual to be released from custody while their case is being processed in the court system until a verdict is reached. The conditions for release on bail vary, depending on the nature of the alleged offence and other relevant factors.

Bail, a crucial element of the Canadian criminal justice system, underscores the principle that individuals should not be unreasonably detained without just cause. This principle, firmly established in Section 11(e) of the Canadian Charter of Rights and Freedoms, ensures everyone’s right to reasonable bail unless there is a valid reason for continued custody. This emphasis on fairness and reasonableness in the bail system should reassure you about the integrity of our justice system.

The primary objective of bail in Canada is to prevent the unjust detention of individuals accused of crimes, thereby maintaining the integrity of the justice system. 

Moreover, it plays a crucial role in safeguarding the community, including potential victims, by ensuring that those who pose a risk of re-offending either remain in custody or are released with stringent conditions. This aspect of bail should instill a sense of security in you, knowing that measures are in place to protect the community.

Depending on the case, there are different types of bail you might have to pay. The following are the most common: release on own recognizance, property bond, release on a citation, surety bond, and cash bail.

Release of Own Recognizance

With this type of bail, the court releases the person without bail as long as they show up and participate in all procedures. This usually occurs in less severe crimes.

Property Bond

The person (bailee) can put an asset or property they own as payment for their bail. If they don’t show up in court, then the property may be foreclosed.

Release on Citation

In this case, you may not necessarily have to deal with a criminal conviction, but authorities still ask you to appear in court and participate in all the procedures.

Surety Bond

Surety bonds allow the bailee to work with a bondsman, who’s the person responsible for paying for bail in case the convicted person fails to show up in court.

Cash Bail

This is the most common and best-known type of bail, and it simply consists of a specific sum that the person can pay in cash (credit or debit card, check, or hard cash).

If you commit a crime or the authorities think you did, they have to arrest you for it. After that, you need to go to the police station to fill in the paperwork and proceed with further investigations.

In most cases, authorities need to collect your fingerprints, do a background check, take mugshots, and so on. While the police handle your case, you might remain incarcerated.

If your crime was not serious, the authorities might release you and give you your bail options. However, if the situation is more complicated, they might put you in jail until the time of the court hearing.

If you’re arrested and not granted immediate release, you’re entitled to a fair and impartial bail hearing before a judge. The court may decide against releasing you for three primary reasons:

1. There’s a concern you might not appear for court dates, raising the risk of flight. To mitigate this, the court prefers detention to ensure your presence at trial.

2. There’s a significant concern about potential re-offending or danger to public safety if you’re released. Detention serves as a crucial measure to protect the community at large in such cases.

3. Releasing you might undermine public trust in the justice system, especially in cases involving serious charges or particular circumstances around the offence. Detention is seen as necessary to maintain the integrity of the justice system.

For serious charges like Murder, Sexual Assault, Aggravated Assault, Firearms offences, Drug Trafficking, and Break and Enter the responsibility shifts to the defence to prove why you should be allowed back into the community—a principle known as “reverse onus.”

Should the court decide on your release, the conditions of this release, including the level of supervision, will be carefully considered. You may be subject to specific terms such as a curfew or placed under the supervision of a surety.

A surety is not just a supervisor but someone who agrees to take on a significant role in ensuring your compliance with bail conditions. They may also commit a sum of money to the court as a guarantee. This financial pledge is not a court revenue mechanism but a serious commitment by the surety, emphasizing the trust placed in you and the responsibilities of the surety.

During bail hearings, several factors influence the court’s decision regarding whether to grant or deny bail. These same factors are also taken into consideration by police officers when determining whether to release an individual or detain them.

Key factors influencing the granting of bail include:

1. Nature and severity of the alleged offence: 

The type and seriousness of the offence greatly impact the likelihood of bail being granted. For more serious offences such as murder, drug-related crimes, and sexual assault, the accused must justify their release back into the community—a concept known as reverse onus. 

This differs from standard bail proceedings for other offences, where the prosecution must demonstrate why the accused should remain in custody pending trial.

2. Criminal record of the accused: 

A history of criminal activity, particularly serious offences, decreases the likelihood of bail being granted. Repeat offenders are perceived as posing a risk to public safety, as they may commit further crimes upon release.

3. Risk of flight: 

Previous instances of bail violation or flight decrease the likelihood of bail being granted. Other factors considered include access to financial resources, citizenship status, and ties to other countries.

4. Public perception of the justice system: 

Will releasing the accused undermine public confidence in the criminal justice system? If so, bail is less likely to be granted. Upholding public trust in the integrity of the justice system is crucial, and bail courts must weigh whether releasing an accused compromises this trust.

5. Probability of court attendance: 

If there is a high risk that the accused will fail to appear in court or violate bail conditions, they are more likely to be held in custody to ensure their attendance.

Seeking assistance from a knowledgeable criminal defense lawyer Brampton with expertise in Canadian law can significantly aid in navigating the bail system successfully.

If you’re facing charges related to the proceeds of crime in Brampton or neighbouring areas, it’s crucial to enlist the support of a skilled bail lawyer in Brampton, Onatrio.

At FMK Law Group, our team comprises experienced lawyers who specialize in this field and comprehend its unique challenges. We are dedicated to tirelessly advocating for your release from custody and safeguarding your rights throughout the legal proceedings.

When seeking legal assistance for bail, rely on Fadi Matthew, a highly respected criminal defence lawyer in Brampton, Canada. With extensive experience in navigating the bail process, he offers exceptional legal representation aimed at securing the most favourable outcome for your case.

We can help you navigate these difficult times and work tirelessly to achieve the best results possible for your case. Contact us at (647) 269-8414 for a consultation with one of our experienced Brampton criminal lawyers.

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