If you have been arrested, you will have the right to a bail hearing before a judge. The bail hearing is not the trial, but you must come in front of a judge to determine if you must stay in custody or can be released. At the bail hearing there may be conditions set if you are granted bail and released, such as you may have to reside with a friend or family member, or that you do not leave the province.
The judge will consider different factors when deciding whether you should be released:
The amount of bail to be paid depends on many aspects, a Bail Hearing Lawyer will defend your case before the court to ensure you get a reasonable bail and keep your freedom while you wait for your trial.
At your bail hearing, the Crown must demonstrate why they believe you should stay in custody. While your lawyer will help show why you are entitled to be released. Your first bail hearing will occur at the Ontario Court of Justice and sets the tone for what will follow. It becomes a lot more expensive and a lot more difficult to get you released, if you do not put your best foot forward the first time. That is why it is very important to have strong representation at your bail hearing.
The judge may decide to release you without any conditions, but if conditions are necessary, the judge will outline what they are and why they are being imposed. The key is to follow the conditions while out on bail so you can to avoid being arrested for failing to follow.
If the judge decides to hold you in custody, you will be held in a local detention centre until your trial.
By law, police must let you contact a lawyer. During your private meeting with our lawyers, be prepared to discuss the charges and if you have a previous criminal record, your medical history, as well as names and phone numbers of friends or family that can act as your surety if the judge requires it. Your lawyer then will review the charges and plan before your bail hearing.
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