Child pornography is a serious offence in Canada, and one that is part of criminal law. This is an offence that is classified as being inclined to corrupt morals, and it is considered a more serious kind of crime than many others due to the difficulty with rehabilitation associated with these actions. This accusation can only be made if someone has been interacting with adult images and videos or writings and sound recordings of a minor who is nude or who is engaged in sexual activity.
If you have been accused of a child pornography crime, you will need to make sure that you secure a skilled lawyer right away. This is a very serious offence, and one that requires a thorough investigation that must be completed prior to being heard by a judge. You will need all the help that you can get with this kind of case to help you to seek a favourable outcome in your case.
Conditions Under Which the Crown Grants Bail in Child Pornography Cases
The crown is very strict on the requirements for bail associated with these cases. There is a significant flight risk associated with this kind of criminal charge in Ontario, as well as the rest of Canada, and those who have been accused of this kind of crime must be aware that bail can be hard to secure in these cases. The following factors are considered when looking at granting bail:
- Is detention necessary in order to secure court attendance?
- Is detention necessary to protect the public from re-offence?
- Is detention necessary to maintain the confidence that justice can be administered?
If you are able to secure bail, the conditions of your bail will be very strict. Your Toronto criminal lawyer will have to work hard to get the judge to agree to bail at your hearing, and you can expect that you will be very limited in what you can and cannot do while you are out on bail.
Conditions that can lead to a bail release might include:
- A lack of access to playgrounds, parks, or swimming pools
- Agreement to refrain from communicating with minors for any reason
- Removal of all items from the home that might encourage repeated offences
- Attending counselling
- Maintaining and seeking employment
- Residing in a location that does not provide access to minors
- Reporting to probation regularly
- Lack of access to the internet
The decision to allow for bail in these cases is often related to your prior criminal history, your access to minors where you live or in your home, and whether or not you have stable employment. You will also need to have ties to the community and be drug and alcohol-free. The nature of the pornographic offence is also considered, with more serious crimes being ineligible for bail.
Pre-Hearing Bail Restrictions: What Can’t I Do?
The most basic re-hearing bail restriction is that you cannot leave the country or your province. You will need to stay close to home and wait for your set court date. This is one of the most common pre-hearing bail restrictions that is broken by those accused of crimes, and you will not be granted the leniency to get bail again if you make this choice.
The other thing that you must do when you are offered bail before your hearing is to stay away from minors and make sure that you can prove that you are not accessing pornographic material online. You will need to continue to go to work, and you will want to stick to your normal routine related to counselling and other mental health support.
Being sure that you are going to be easily accessible for your court date and that you are on your best behaviour can be very helpful when you head to court. You will not want to start the process of your trial on the wrong foot, and behaving in a way that violates your bail can do just that. Violating the terms of your bail can lead to additional fines and charges, as well as revocation of your bail.
How Can a Lawyer Help?
Your lawyer will work hard to show that you were not aware of the severity of your offence, and they will also make sure that it is clear to the crown that you were not aware that you had a mental illness or an inclination that is not healthy. If you have never been accused of a criminal offence before and do not have any other crimes in your history related to pornographic material, you will be much more likely to get the minimum sentence when your case is presented. It can be almost impossible to secure bail before your hearing without the support of a skilled lawyer, and this stage of the process alone makes it essential that you secure an experienced lawyer for your case.
There are often many reasons that you might not have actually been engaged in the activity that you are accused of as well. From a lack of knowledge about the age of the person in the material to common access to shared computers with others in your home, there can be legitimate reasons that your accusation is false. Your lawyer will work hard to make sure that your case is tried fairly and that your innocence is made clear if this is the case.
A skilled lawyer will be able to make sure that a complete and effective case is brought forward for your defence. This is a complex area of the law, and one that can be particularly thorny with regard to bail.
If you have been accused of these serious crimes in Ontario, contact Vilkhov Law today. We can make sure that you will get the best defence possible in your Ontario child pornography case. We work hard to secure favourable outcomes for all of our clients, especially those accused of serious crimes in Canada.
