Bail System in Canada

When faced with the need to navigate the bail system in Canada, it is imperative to consider seeking a skilled criminal lawyer in Toronto. Working with a criminal lawyer who is experienced with the bail system is important when you need to get help making bail or securing bail. Bail in Canada refers to the release of a person charged with a criminal offence prior to their sentencing or court date.

If you are not working with a criminal defence lawyer, you might not be able to secure bail. Bail can be critical for your comfort and safety before your trial, and you will want to be able to get bail organized properly for the benefit of both you and your family.

Ontario’s Bail System

The basis of the Canadian bail system is derived from the principles of bail that are present in English common law. The criminal code in Canada offers two ways that you can be brought before the courts without having to be arrested first: you may be issued an appearance notice, or a summons. If you ignore either of these means of being called to court, you will risk further charges related to your absence. One of the main reasons that defendants are denied bail is related to the degree to which they are considered a flight risk.

You might also be released by the police after your arrest without having to come to a court hearing. In this case, if you do not come to court when called for your trial, you will face additional charges related to your absence. In both cases, you might be required to make bail to be released prior to your trial. You will need to have a skilled lawyer working on your side to help you to secure bail in most cases.

Bail is only offered in cases where the risk of flight is limited and the defendant has ties to the community that will encourage them to stay in place and await their trial. This is why having an attorney on your side to help argue for your reliability can make such a big difference. Most defendants could be considered a flight risk when cast in the wrong light, which is why it is so important to make sure that you have legal backing during this part of the trial process.

Pre-trial Detention, Remand, and Release

The pre-trial detention process will also include remand in most cases. You will be remanded into prison custody until the time that you can attend a bail hearing. If the court decides that you should be detained, you will be held in prison prior to your pre-trial. This might be done to keep the public safe, to maintain confidence in the administration of justice and a fair trial, or to ensure that you appear in court.

The remand process allows you to be released on bail, but if the offence that has been committed is serious enough, this opportunity might not be afforded to you. The remand system offers release when bail has been met and can protect the accused from unsafe circumstances, poor prison security, and other abuses that might not be controlled in pre-trial detention locations. The release is not a licence to leave the country or to engage in behaviours as usual. The defendant will be expected to meet certain criteria so that they do not forfeit their bail and go back into prison.

Many people who are remanded and released struggle to continue to work at their current job, or to get support from family members and other parties that might not approve of their situation. To many, however, this is still preferable to being incarcerated in unsafe pre-trial prison environments.

Grounds for Detention

Grounds for detention without bail can vary from case to case, but the most common reason that defendants are not allowed to make bail and be released is that it is feared they will flee the country or refuse to appear in court. In other cases, the accused is believed to be too dangerous to others to be released. In some cases, lack of support and inability to support one’s self outside of the prison can be the reason for detention.

If the bail agreement is violated by the accused, they might be forced to return to prison without further opportunity to make bail as well. There are various unique considerations that can go into the decision of a judge to deny bail, and a skilled criminal defence lawyer will be needed to support clients who are having trouble arguing that they can make bail and meet the agreement that goes along with this privilege.

How Can a Criminal Lawyer Help During a Bail Hearing?

Criminal defence lawyers can help deal with bond agents and can assist defendants in securing bail. Proving that the defendant has ties to the community and that they will show up for their trial or hearing is important when seeking bail for someone accused of a crime. This process is important for those who are facing a trial to help assist with the preparation of the case and to exercise their rights.

Securing a skilled criminal defence lawyer needs to be done right away so that the process of preparing to seek bail can be done correctly. Not every defendant will face a struggle to secure bail, but the reality is that many defendants will need to get help to ensure that they are prepared to ask for bail before their trial.

Expert legal assistance can be the difference between securing bail and failing to be released prior to your trial. Gaining access to a criminal defence lawyer can be easy when you contact Vilkhov Law. There is no group of lawyers more prepared to help you to get bail when you need it, and the expert team at Vilkhov Law will work hard to defend you in court.

By |2022-05-26T10:57:03+00:00May 26th, 2022|Criminal Defence|
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario

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Thanks Igor for all your help throughout my criminal process. I have never been charged before and I think Igor really helped ease my nerves through the entire process. When I was initially charged I called a couple of other firms but I ended up retaining Igor because when we spoke on the phone he spent a lot of time to explain what I was charged with and what it all means, I felt the most comfortable when talking to him. As my case progressed, he really took the time to explain my options and the probability of each one, so I really appreciated that and I felt less confused with all the various legal proceedings.
My son was charged with DUI and I hired Igor to represent his matter. Overall, my experience with Igor was great and my son felt really comfortable working with Igor as well. As a parent, I was really concerned about the entire process and even though my son is considered an adult, I was extremely involved the entire time. I really liked that Igor respected my concerns as a worried parent and always ensured any meetings or conversations were held with me present as much as possible, if I wasn’t available to attend a meeting and only him and my son were able to meet, Igor would reach out to update me. I would most definitely recommend Igor to others.
He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.

TESTIMONIALS

Thanks Igor for all your help throughout my criminal process. I have never been charged before and I think Igor really helped ease my nerves through the entire process. When I was initially charged I called a couple of other firms but I ended up retaining Igor because when we spoke on the phone he spent a lot of time to explain what I was charged with and what it all means, I felt the most comfortable when talking to him. As my case progressed, he really took the time to explain my options and the probability of each one, so I really appreciated that and I felt less confused with all the various legal proceedings.
My son was charged with DUI and I hired Igor to represent his matter. Overall, my experience with Igor was great and my son felt really comfortable working with Igor as well. As a parent, I was really concerned about the entire process and even though my son is considered an adult, I was extremely involved the entire time. I really liked that Igor respected my concerns as a worried parent and always ensured any meetings or conversations were held with me present as much as possible, if I wasn’t available to attend a meeting and only him and my son were able to meet, Igor would reach out to update me. I would most definitely recommend Igor to others.
He is caring, honest, and highly knowledgeable in his field. I was charged with domestic assault a few months ago, I was initially with another lawyer but got fed up with the unresponsiveness (didn’t answer my calls or emails), I decided to look for someone else. Igor came highly recommended from a friend and I’m glad I went with him. He knows his stuff and fought hard for my case. Compared to other lawyers I’ve dealt with, day and night.
I cannot recommend Igor Vilkhov enough. I was charged with possession and trafficking, I was going through a tough time in my life at the time and I am glad I was able to find a lawyer who is genuinely passionate about what he does. I was kept consistently updated throughout the entire process and I couldn’t believe the positive outcome. While reviewing my case, he located a significant error on the part of the police. I can honestly say that his work is meticulous and his ability to negotiate is something else. If you are looking for a quality criminal defence lawyer, I can’t say enough good things about Igor.

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